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We are permanently connected to the legal and business implications of the situation caused by the COVID-19 pandemic. We are present, with the same level of involvement, professionalism and dedication, to support our clients during these times which have proven so difficult, including from an economic point of view. We monitor the legislative developments in real time, process their impact on the business, to keep you updated with the relevant changes in the matter. We have a dedicated team of specialists in today’s key fields – corporate law and contracts, labor law, tax law, real estate, e-commerce, insolvency and bankruptcy, personal data protection, human rights – which carry out in-depth legal analysis in the context of the particularities generated by the current situation and is prepared to provide support for the evaluation, renegotiation and adaptation of contracts, for analyzing the impact of force majeure / unforeseeable situations in the ongoing contractual relations, for establishing the strategy for managing the consequences expected in carrying out contracts and others needs that will arise during your work.

For an overview, here is an index of the relevant normative acts as regards businesses, adopted in the context of the COVID-19 pandemic.

 

1. PRESIDENTIAL DECREES

 

1.1 Decree no. 195/2020 regarding the institution of the emergency state in Romania, by which:

 

  • the emergency state was instituted in Romania for a period of 30 days, starting with 16.03.2020;

  • the exercise of a number of rights was restricted;

  • a number of measures with direct aplicability were adopted in the field of law and order, economy, healthcare, labor and social protection, justice, foreign affairs as well as a series of other measures;

  • it was also adopted a list with a number of gradually aplicable measures, by subsequent normative acts

 

It was issued and entered into force on 16th of March 2020.

 

1.2 Decree no. 240/2020 regarding the extension of the emergency state in Romania, by which:

 

  • the state of emergency in the territory of Romania was extended, by 30 days, until 15.05.2020;

  • the measure of restricting the exercise of rights during the period of emergency was maintained;

  • a series of measures with direct applicability in the field of public order, the economic, health, labor and social protection, justice, foreign affairs, as well as through a series of other measures were provided for;

  • the list of measures with gradual applicability, which can be adopted by subsequent normative acts, was maintained.

 

It was issued and entered into force on 14.04.2020

 
2. MILITARY ORDINANCES

 

2.1 Military ordinance no. 1/2020 regarding some measures of first emergency which concern crowds of persons and cross-border movement of goods, by which:
  • it was interrupted the activity of serving and consuming of food and alcoholic and non-alcooholic beverages from hotels, bars, restaurants, coffee-shops and other public premises, with some exceptions;
  • cultural, scientifical, religious, sports, entertainment or gambling activities, as well as balneary treatments and personal care activities were forbidden;
  • venues with a great number of attendants were forbidden;
  • flights from and to Spain and Italy were suspended for a period of time;
  • measures regarding people in quarantine were adopted.
 
It was adopted in 17th of March 2020 and entered into force on 18.03.2020.
 
2.2 Military ordinance no. 2/2020 regarding measures of preventing the spread of COVID-19, by which:
 
  • it was forbidden for people to leave their residence during 22:00 – 6:00, with some exceptions;
  • the activity of dental offices was suspended, with the exception of urgent interventions;
  • the activity of retailers in shopping centers was suspended, with some exceptions;
  • it was instituted the obligation for people not to circulate in groups of more than 3 people who do not leave together;
  • measures that forbid the entrance of some citizens and apatrids in Romania were adopted, with some exceptions;
  • provisions regarding people who are placed in quarantine or self isolation and do not respect these measures were adopted.
 
It was adopted and entered into force on 21st of March, some measures being applicable from an ulterior date, as results from the content of the military ordinance.
 
2.3 Military ordinance no. 3/2020 regarding some measures of prevention of the spread of COVID-19, by which:
  • it was forbidden for people to leave their residence, with some exceptions;
  • it was forbidden for people with over 65 years old to leave their residence, with some exceptions;
  • is was instituted the measure of home isolation for every person entering Romania;
  • flights from and to Germany and France were suspended for a period of time;
  • measures regarding the acces of pilots at crafts arrived form red/yellow areas;
  • measures regarding the official documents which shall expire during the emergency state were adopted.
 
It was adopted on 24ft of March 2020 and entered into force on 25th of March 2020, some measures being applicable form an ulterior date, as it results from the content of the military ordinance.
 
2.4 Military ordinance no. 4/2020 regarding some measures of prevention of the spreas of COVID-19, by which:
 
  • the provision regarding the forbidding of people over 65 years old to leave their residence were amended, by regulating other exceptional situations in which they can leave their residence;
  • it was clarified that the forbidding to circulate in groups of more than 3 people is applicable only regarding pedestrian circulation;
  • it was imposed for operators marketing strict necessity products to facilitate the access of people over 65 years old in a specific time frame;
  • measures regarding the sanctioning of persons which do not respect the quarantine of home isolation were adopted;
  • regulations regarding the opting for either quarantine or home isolation for drivers of transport vehicles entering Romania were adopted;
  • measures regarding the possibility of isolation at the place of work for essential employees in some sectors were adopted;
  • it was instituted the obligation for public authorities to install dissinfectant devices at the entrance of apartment buildings;
  • measures regarding providing of accomodation spaces for public medical personnel, for preventing the contamination of their family members, were adopted;
  • prices for electric energy, termic energy, natural gases, water supplying and sanitation were capped.
 
It was adopted and entered into force on 29th of March 2020, some measures being applicable from an ulterior date, as it results from the content of the military ordinance.
 
2.5 Military ordinance no. 5/2020 regarding some measures of prevention of the spread of COVID-19, by which:
 
  • the measure regarding the suspention of flights to and from Spain and Italy was extended;
  • sanctions for persons who do not respect the quarantine or home isolation were modified;
  • a series of exceptions from the provisions of the Military ordinance no. 4/2020 were adopted.
 
It was adopted on 30th of March and entered into force on 31st of March.

 

2.6 Military ordinance no. 6/2020 regarding the institution of quarantine in the city of Suceava and some localities in the bordering area, as well as a protection zone over some territorial administrative areas in the county of Suceava, by which:

 

  • it was instituted the quarantine in the city of Suceava and some bordering localities, as well as a protection area in the county of Suceava.
 
It was adopted on 30th of March 2020 and entered into force on 31st of March 2020.
 
2.7 Military ordinance no. 7/2020 regarding some measures of prevention of the spread of COVID-19, by which:
 
  • it was instituted the measure of quarantine in the locality Țăndărei, Ialomița county;
  • flights were suspended to and from Austria, Belgium, Swiss Confederacy, United States of America, United Kingdom of Great Britain and Northern Ireland, the Netherlands, Turkey and Iran for a period of 14 days, with some exceptions;
  • the measure of suspension of flights to and from France and Germany was extended, starting with 8th of April 2020, with some exceptions;
  • the international road transport of persons was suspended for fares carried out by transport operators to and from Italy, Spain, France, Germany, Austria, Belgium, Swiss Confederacy, United Kingdom of Great Britain and Northern Ireland, the Netherlands and Turkey, during the emergency state;
  • new measures regarding the drivers of cargo transport vehicles entering Romania were adopted;
  • provisions regarding the ensuring of hotel spaces for public health personnel, at their request, were introduced.
 
It was adopted and entered into force on 4th of April 2020, some measures being applicable from an ulterior date, as it results from the content of the military ordinance.
 
2.8 Military ordinance no. 8/2020 regarding some measures of prevention of the spread of COVID-19, by which:
 
  • it was permitted the circulation outside their residence for holders of fishing authorizations regarding the fishing and acvaculture activities, as well as trading of the end products;
  • it was permitted the circulation outside their residence for beekeepers to and from the apiary;
  • it was permitted the circulation outside their residence for the acquisition of spare pieces for vehicles and for auto repairing services;
  • the suspension of flights to and from Spain was extended for a certain period;
  • it was stated that the food markets, as well as the phytopharmaceutical units, remain open throughout the state of emergency, with the compliance with the measures of prevent the spread of COVID-19;
  • during the state of emergency, the temporary closure - total or partial - of the state border crossing points was extended;
  • certain exceptions were provided regarding the measure of isolation at home or quarantine for certain categories of persons entering the territory of Romania;
  • during the state of emergency, it was forbidden to cease or suspend social activities such as residential care and assistance centers for the elderly and a preventive isolation measure was established at the workplace or in specially dedicated areas for the staff of these centers.
It was adopted on 9th of April and entered into force on 10th of April 2020, some measures being applicable from an ulterior date, as it results from the content of the military ordinance.
 
2.9 Military Ordinance no. 9/2020 on measures to prevent the spread of COVID-19, by which:
 
  • the suspension of flights to and from Austria, Belgium, the Swiss Confederation, the United States of America, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of the Netherlands, Turkey and Iran, as well as to and from Italy, France and Germany, for a certain period;
  • it was stipulated that they are exempted from the measure of isolation at home or from the measure of quarantine for cross-border workers who, when entering the country from Bulgaria, do not exhibit symptoms;
  • measures were provided regarding the navigational personnel of the ships in the Romanian ports, including measures regarding their testing, but also the conditions under which they are subjected or not to the quarantine measure in specially arranged spaces or the measure of isolation at home;
  • the provisions regarding the agri-food markets have been modified, in the sense that they will remain open during the state of emergency, with the obligation to adopt measures regarding the wearing of gloves and masks, as well as the maintenance of social distance;
  • it was stipulated that certain articles of the previous Military Orders cease to apply;
 
It was adopted on 16.04.2020 and entered into force on 16.04.2020, some measures being applicable from an ulterior date, as it results from the content of the military ordinance.
2.10 Military Ordinance no. 10 regarding the measures of preventing the spread of COVID-19, by which:
 
  • it is was permitted for people over the age of 65 to leave their residence, regardless of the time slot, for some reasons, and also, the time slot when people over the age of 65 may leave their residence, for other reasons, was modified, such as it was regulated by previous military ordinances;
  • the suspension of flights to and from Spain, Italy, France, Germany, Austria, Belgium, the Swiss Confederation, the United States of America, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of the Netherlands, Turkey and Iran, was extended for a certain period;
  • it was established that, during the state of emergency, the registered postal items can be handed over to the recipients by the Romanian Post staff by placing them in the mailbox or by displaying them, except for the procedural acts.
 
It was adopted on 27th of April 2020 and an enterred into force on 27th of April 2020, some measures being applicable from an ulterior date, as it results from the content of the military ordinance.
2.11 Military ordinance no. 11 regarding some measures of prevention of the spread of COVID-19, by which:
 
  • the suspension of flights to and from Spain was extended until the 14th of May 2020;
  • it has been established that maritime and fluvial personnel who repatriate and do not show specific symptoms of COVID-19 and also meet certain conditions are exempted from the measure of isolation at home;
  • the quarantine measure was lifted in the locality Țăndărei, Ialomița county.
 
It was adopted an entered into force on the 11th of May 2020, some measures being applicable from an ulterior date, as it results from the content of the military ordinance.
2.12 Military ordinance no. 11 regarding some measures of prevention of the spread of COVID-19, by which:
 
  • the quarantine measure in the city of Suceava and some bordering localities was lifted.
 
It was adopted and entered into force on the 13h of May 2020.
 
3. EMERGENCY ORDINANCES
 
3.1 Emergency ordinance no. 1/1999 regarding the state of siege and the state of emergency regime, by which:
 
  • it was regulated the procedure of instituting and ending of the emergency state, the competences and responsibilities of public authorities in this context;
  • it was established what measures can be adopted on the state of emergency, namely military ordinances and orders of other public authorities;
  • it was regulated the sanctioning regime for not respecting the measures adopted during the emergency state.
 
It was adopted and entered into force on 21st of January 1999 and was amended in the context of the present emergency state, by OUG no. 34/2020 on 31st of March 2020, some provisions entering into force on an ulterior date, as it results from the content of OUG no. 34/2020.
 
3.2 Emergency ordinance no. 28/2020 regarding the amending and completing of Law no. 28/2020 regarding the Penal code, by which:
 
  • the Penal code was amended and completed regarding the criminal offense of false declarations, the criminal offense of forestalling the combat against diseases and the criminal offense of omission to declare information.
 
It was adopted on 18th of March and entered into force on 20th of March 2020.
 
3.3 Emergency ordinance no. 29/2020 regarding some economical and fiscal measures, by which:
 
  • measures of support in the execution of some commercial contracts were adopted, regarding the postponing of the payment of rent, postponing the payment for utilities and triggering the force majeure clause against some economical operators;
  • measures regarding the accessories and delay penalties for fiscal obligations were adopted;
  • it was decided the suspension of attachment of fiscal claims;
  • facilities regarding warranties offered by the state for loans accessed by IMMs were adopted;
  • facilities for taxpayers which apply the system of anticipated payments of profit taxes were adopted;
  • measures regarding the restructuring of fiscal obligations were adopted;
  • the due term for filling the declaration regarding the beneficial owner was modified.
 
It was adopted on 18th of March 2020 and entered into force on 21st of March 2020.
 
3.4 Emergency ordinance no. 30/2020 for amending and completing of some normative acts, as well as establishing some measures in the sector of social protection in the context of the epidemiologic situation determined by the spread of the coronavirus SARS-CoV-2, by which:
 
  • Law no. 19/2020 was amended by granting days off for parent in the situation of closing the schools/kindergartens/nurseries;
  • measures regarding the bearing by the state of the indemnity of technical unemployment were adopted.
 
It was adopted on 18th of March and entered into force on 21st of March 2020.
 
3.5 Emergency ordinance no. 31/2020 for completing the Emergency ordinance no. 77/2011 regarding the establishing of some contributions for financing of expenses in the healthcare sector, by which:
 
  • the value of the percent for the clawback contribution was capped for the first trimester of 2020, in the way that the value of the percent of the clawback contribution for the first trimester of 2020 was capped at the value of the percent of the contribution for the fourth trimester of 2019, at 27,65%.
 
It was adopted on 26th of March 2020 and entered into force on 27th of March 2020.
 
3.6 Emergency ordinance no. 32/2020 for the amending and completing of the Emergency ordinance no. 30/2020 for the amending and completing of some normative acts, as well as for establishing measures in the sector of social protection in the context of the epidemiologic situation determined by the spread of the coronavirus SARS-CoV-2 and for establishing of supplementary measures of social protection, by which:
 
  • some amendments regarding the payment of the technical unemployment indemnity were adopted;
  • provisions regarding the granting of the insertion stimulent, the indemnity for the care of disabled children and the indemnity for raising children were adopted;
  • amendments regarding the granting of free days for parents in the situation of closing of schools/kindergartens/nurseries were made;
  • it was established that, during the emergency state, debts enforcements for regarding social assistance and social insurance are suspended or, they do not begin their course.
 
It was adopted on 26th of March and entered into force on 30th of March 2020.
 
3.7 Emergency ordinance no. 33/2020 regarding some fiscal measures and amending of normative acts, by which:
 
  • a bonification for the payment of profit taxes and taxes for the revenues of micro-companies was established;
  • it was established that, during the emergency state and in the next 30 days from the termination of the emergency state, the value added tax shall not be paid at the custom offices for the import of some medication, protection equipment, sanitary materials etc.
 
It was adopted on 26th of March 2020 and entered into force on the 30th of March 2020.
 
3.8 Emergency ordinance no. 34/2020 for the amending and completing of the Emergency ordinance no. 34/2020 regarding the state of siege and state of emergency regime, by which:
  • the limits for the fine applied for contraventions regarding the violation of the provisions of the military ordinances were increased and a series of complementary contraventional sanctions were introduced, these provisions being applicable in 3 days from the publishing of the ordinance;
  • some derogatory provisions regarding the legal regime of contraventions were adopted;
  • it was established that the documents issued by public institutions maintain their validity during the emergency state and for a period of 90 days from the termination of the emergency state;
  • it was established that the replacements certificates for drivers licenses maintain their validity in a series of situations.
It was adopted on 26th of March 2020 and entered into force on 31st of March 2020, with the exception of some provisions which enter into force on an ulterior date, as it results from the content of the emergency ordinance.
3.9 Emergency ordinance no. 35/2020 regarding the procedure for issuing and extension of the validity of vacation vouchers, in the context of the epidemiologic situation determined by the spread of COVID-19, by which:
  • measures regarding the issuing and extending of the validity of vacation vouchers were adopted.
 
It was adopted on 26th of March 2020 and entered into force on 30th of March 2020.
3.10 Emergency ordinance no. 36/2020 regarding the amending and completing of some normative acts, as well as adopting some measures during the emergency state instituted by the Decree no. 195/2020 regarding the instituting of the emergency state in Romania, by which:
 
  • amendments were adopted to the Law no. 80/1995 regarding the statute of military personnel, to the Law. No 360/2002 regarding the statute of policemen, to the Law no. 384/2006 regarding the statute of soldiers and professional military, as well as to the Law no. 145/2019 regarding the statute of penitenciary policemen.
 
It was adopted on 26th of March 2020 and entered into force on 31st of March.
 
3.11 Emergency ordinance no. 37/2020 regarding the granting of facilities for credits granted to credit institutions and non-banking credit institutions for a category of debtors, by which:
  • facilities for some debtors regarding the suspension of the payment obligation in credit contracts and leasings were adopted.
 
It was adopted on 26th of March 2020 and entered into force on 30th of March 2020.
 
3.12 Emergency Ordinance no. 38/2020 regarding the use of the documents in electronic form at the level of public authorities and institutions, by which:
  • the general framework for the use of electronic signatures as well as electronic documents by the public authorities and institutions was regulated.
It was adopted on 30th March 2020 and entered into force on 7th of April 2020.
 
3.13 Emergency Ordinance no. 44/2020 regarding the extension of the mandates of the local public administration authorities included in the period 2016-2020, some measures for the organization of the local elections of 2020, as well as the modification of the Government Emergency Ordinance no. 57/2019 regarding the Administrative Code, by which:
  • it was regulated that the procedures regarding the organization of elections for the local public administration authorities shall be initiated within 6 months from the date of expiry of the state of emergency;
  • it was stipulated that the mandates of the local public administration authorities will be extended until the date of the new local public administration authorities taking over the mandates resulting from the elections, but not later than 31 December 2020;
  • derogating provisions from the Law no. 115/2015 for the election of the authorities of the local public administration, regarding the lists with supporters, as well as the electoral contributions.
It was adopted on 6th of April and entered into force on 8th of April 2020.
 
3.14 Emergency Ordinance no. 38/2020 on the use of documents in electronic form at the level of public authorities and institutions, by which:
 
  • the general framework for the use of electronic signatures and electronic documents by public authorities and institutions has been regulated.
 
It was adopted on 30.03.2020 and entered into force on 07.04.2020.
 
3.15 Emergency Ordinance no. 44/2020 regarding the extension of the mandates of the local public administration authorities included in the period 2016-2020, some measures for the organization of the local elections from 2020, as well as the modification of the Government Emergency Ordinance no. 57/2019 on the Administrative Code, by which:
 
  • it was regulated that the procedures regarding the organization of elections for the local public administration authorities are initiated within 6 months from the date of expiration of the state of emergency;
  • it was envisaged that the mandates of the local public administration authorities will be extended until the date of the new local public administration authorities taking over the mandates resulting from the elections, but not later than 31 December 2020;
  • provisions derogating from Law no. 115/2015 for the election of local public administration authorities, regarding the lists of supporters, but also the electoral contributions.
 
It was adopted on 06.04.2020 and entered into force on 08.04.2020.
 
3.16 Emergency Ordinance no. 48/2020 regarding some financial-fiscal measures, by which:
 
  • a series of amendments to the Fiscal Code were adopted, regarding the granting of benefits in kind to the isolated persons at work, regarding excise goods entered into the private property of the state, as well as regarding the non-granting of tax facilities for the allowances received by the parents in the situation closing of educational establishments;
  • the Emergency Ordinance no. 1/1999 regarding the state of siege regime and the state of emergency regime regarding certain goods that are subject to confiscation, requisition or forced execution;
  • Law 132/1997 on the procurement of goods and services in the public interest was amended;the Emergency Ordinance no. 14/2007 regarding the regulation of the mode and the conditions of capitalization of the goods entered, according to the law, in the private property of the state;
  • the Emergency Ordinance no. 33/2020 regarding some fiscal measures, regarding the payment of VAT to customs authorities;
  • the Emergency Ordinance no. 110/2017 regarding the support program for small and medium-sized enterprises - IMM INVEST ROMANIA, regarding the definition of the administration commission;
  • a series of modifications of the normative acts that regulate the activity of the gambling operators were introduced;
  • a series of provisions have been introduced certain exemptions from the payment of taxes for the taxpayers who are obliged to pay the specific tax for certain activities according to Law no. 170/2016; 
  • the withdrawal of the Lottery of fiscal receipts was suspended, which will resume 90 days from the date of cessation of the state of emergency;
  • a series of amendments to the Fiscal Procedure Code regarding the fiscal inspections within the procedure for the refund of the requested VAT were adopted, as well as certain modifications regarding the late interest and penalties for late payment of certain fiscal obligations.
 
It was adopted on 09.04.2020 and entered into force on 16.04.2020.
 
3.17 Emergency Ordinance no. 49/2020 for amending and completing the Government Emergency Ordinance no. 158/2005 regarding the holidays and the social health insurance allowances, as well as for the regulation of some social protection measures, by which:
 
  • a series of changes were adopted regarding the procedure, the mode, the duration of the leave and the allowances for temporary incapacity for work determined by the infection with COVID-19, as well as regarding the leave and the quarantine allowance granted to the persons to whom the activity is prohibited, but also regarding the procedure and the manner of other allowances provided by law;
  • provisions have been introduced regarding food allowance benefited by the personnel from the health system involved in applying measures to prevent and treat COVID-19 cases.
 
It was adopted on 15th of April 2020 and entered into force on 16th of April 2020.
 
3.18 Emergency Ordinance no. 53/2020 for amending and completing some normative acts regarding social protection measures determined by the spread of the SARS-CoV-2 coronavirus, by which:
 
  • the right of lawyers, whose activity is reduced due to the effects of the pandemic, to benefit from an indemnity, subject to the fulfillment of certain conditions, was expressly provided, and the manner of granting this indemnity was adopted;
  • a series of clarifications regarding the beneficiaries of the indemnities granted to certain categories of persons was presented;
  • the legislative framework on the fiscal obligations related to the indemnities granted to certain categories of beneficiaries was created, and the method of calculation, declaration and payment of these obligations was adopted;
  • the procedure for granting indemnities to persons who have concluded individual labor agreements, under Law no. 1/2005 regarding the organization and functioning of the cooperation, was regulated;
  • the deadline for submitting documents, in order to obtain the indemnity for March, was extended, but only for certain categories of beneficiaries;
  • the measure of suspending the forced execution of the technical unemployment indemnity, as well as of the indemnities granted to other categories of persons, was provided;
  • the period of granting the unemployment allowance was extended for the entire period of the state of emergency decreed.
 
It was adopted on the 15th of April and entered into force on the 21st of March 2020.
3.19 Emergency Ordinance no. 55/2020 on the establishment of social protection measures in the context of the epidemiological situation caused by the spread of SARS-CoV-2 coronavirus, by which:
•       it was regulated the granting of the death benefit in the case of persons who passed away during the state of emergency as well as in other situations, such as the case of persons who were no longer insured in the public pension system, if they had the quality of insured, mandatorily, in the last month before the state of emergency;
•       the suspension of the terms and procedures for the medical review in the case of the beneficiaries of the disability / survivor's pension was regulated;
•       the validity of some decisions regarding the work capacity and of the documents proving the quality of legal representative / mandatory of the persons for whom pension decisions were issued was extended;
•       the suspension of the payment of the invalidity pension in case of not presenting the new documents within a certain term after the termination of the state of emergency was regulated;
•       the possibility of sending documents by post-office / e-mail to the territorial pension institutions (respectively of the medical recommendation of the attending physician, by the insured persons requesting certain medical devices, of the medical leave certificates related to cases of work accident / occupational disease )
•       some amendments were adopted regarding the recovery of the indemnities regulated by Law no. 346/2002 on the insurance of work accidents and occupational diseases;
•       the procedure for granting compensation in the event of death as a result of an accident at work or an occupational disease has been established.
It was adopted on 23rd of April 2020 and entered into force on 27th of April 2020.
3.20 Emergency Ordinance no. 56/2020 regarding some temporary measures in the context of the epidemiological situation caused by the spread of SARS-CoV-2 coronavirus, by which:
 
  • the exemption from the payment for the use of the spectrum tariff for 2020 for the holders of broadcasting licenses and / or the use of radio frequencies in digital terrestrial system was approved, as well as the possibility of refunding the amounts already paid, upon request;
  • the revenue and expenditure budget of the National Authority for Administration and Regulation in Communications and the situation of multiannual actions financed from this budget were approved.
 
It was adopted on 23rd of April 2020 and entered into force on 27th of April 2020.
3.21 Emergency Ordinance no. 59/2020 for establishing additional measures in the field of social protection in the context of the epidemiological situation caused by the spread of the SARS-CoV-2 coronavirus, by which:
  • the granting of the rights related to the parental leave for the care of the child with disabilities until the age of 7, has been extended until the end of the state of emergency, in the situation of the child that has reached or will reach the age of 7 during this period;
  • the granting of the rights related to the accommodation leave has been extended until the end of the state of emergency, if the maximum period of the leave provided by law was reached during the state of emergency;
  • it was decided that the salary rights shall be granted at the level of those prior to the decree of the state of emergency, regardless of the actual time worked, for the staff working in residential care and assistance centers for the elderly, residential centers for children and adults, with and without disabilities , as well as for other vulnerable categories, during the entire period of preventive isolation at work or in specially dedicated areas where people from outside do not have access, followed cyclically by a period of preventive isolation at home.
 
It was adopted on the 30th of April and entered into force on the 5th of May 2020.
3.22 Emergency ordinance no. 68/2020 for amending and completing some normative acts with incidence in the field of emergency management and civil protection, by which:
 
  • amendments were made to the Emergency Ordinance no. 1/2014 regarding some measures in the field of emergency management, as well as for amending and completing the Emergency Ordinance no. 21/2004 regarding the National Emergency Management System, regarding the attributions, organization and functioning of the Department for Emergency Situations (DES), established within the Ministry of Internal Affairs;
  • amendments were made to the Emergency Ordinance no. 21/2004 on the National Emergency Management System, regarding the issuing of decisions to declare, extend or terminate the state of alert, the attributions, organization and functioning of the National Committee for Emergency Situations (NCES), the attributions of the Department for Emergency Situations;
  • amendments were made to the Emergency Ordinance no. 88/2001 on the establishment, organization and functioning of community public services for emergency situations, regarding the structure of the General Inspectorate for Emergency Situations (GIES);
  • amendments were made to the Law no. 481/2004 on civil protection, regarding the coordination in the field of civil protection by DES, respectively the control and the granting of specialized technical assistance in this field by GIES and its territorial structures.
 
It was adopted and entered into force on the 14h of May 2020.
 
3.23 Emergency ordinance no. 69/2020 for the amendment and completion of Law no. 227/2015 on the Fiscal Code, as well as for the establishment of fiscal measures, by which:
 
  • amendments were made to the Fiscal Code, regarding the bonus for the payment of income tax and compulsory social contributions, CAS and CASS, starting with 2021, as well as regarding their calculation and payment, provisions that will be applied starting with June 2020 or on the 01st of January 2021, as the case may be;
  • it was decided to grant a bonus in the case of income tax, social insurance contribution and social health insurance contribution, due for the income earned in 2019, under certain conditions, for their payment until the 30th of June 2020;
  • it was decided to exclude from the monthly basis for calculating the social insurance contribution, the social health insurance contribution, respectively the employment insurance contribution, the bonuses granted by the employer to employees whose activity involves direct contact with citizens and who are subject to the risk of infection with COVID-19, under certain conditions;
  • the deadline of the 25th of May 2020 was extended until the 30th of June 2020, for the submission of the Single Declaration, of the form 230 and for the payment of the income tax and of the obligatory social contributions;
  • it was decided to grant facilities for the payment of the annual building tax or the monthly building tax;
  • it was decided to grant facilities for the payment of the tax and the rent due for the occupation of the public domain;
  • it was established that, after the registration for VAT purposes, under certain conditions, Romanian companies will be subject to a risk analysis performed by the central tax authority, except for applications for registration for VAT purposes that are submitted and unresolved until the 14th of May 2020;
  • the legal framework was created for the cancellation of some ancillary budgetary obligations, under certain conditions, following that the application procedure will be adopted by order of the Minister of Public Finance.
 
It was adopted and entered into force on the 14h of May 2020.
 
 
3.24 Emergency ordinance no. 70/2020 regarding the regulation of some measures, starting with the 15th of May 2020, in the context of the epidemiological situation determined by the spread of the SARS-CoV-2 coronavirus, for the extension of some terms, for the amendment and completion of Law no. 227/2015 on the Fiscal Code, of the National Education Law no. 1/2011, as well as other normative acts, by which:
 
  • the term for granting the technical unemployment indemnity and some indemnities granted to other beneficiaries was extended until the 31st of May 2020, with the possibility to continue granting them even after this date, in the areas where the restrictions will be maintained;
  • it was provided the possibility to grant free days to one of the parents for the supervision of the children until the end of the school year;
  • the obligation of certain employers to establish individualized work programs was established, under certain conditions, without the need to obtain the employee's consent in this respect;
  • certain measures have been established for the activity of the Trade Register Office;
  • the deadline for submitting the declaration regarding the real beneficiary has been extended until the 01st of November 2020;
  • a number of derogations were adopted regarding the insolvency procedure;
  • the rules regarding the obligations of the organizers of events and festivals organized during 08.03.2020-30.09.2020, or during the period in which their right to organize events is suspended, were regulated, with regard to the purchased access tickets;
  • the validity of certain documents has been extended;
  • certain deliveries of medicines, protective equipment, other medical devices or equipment and sanitary materials that can be used in the prevention, limitation, treatment and control of COVID-19, carried out under certain conditions, have been exempted from VAT;
  • the legal framework regarding the payment of the tax on shows has been modified, in case of cultural, artistic, sports, scientific, educational or entertainment events that are rescheduled until the end of 2021;
  • the deadline for issuing certificates for emergency situations has been extended until the 15th of June 2020;
  • changes have been made to regulate some facilities granted to certain debtors regarding bank and non-bank loans, including the extension of the term until which certain debtors can benefit from the suspension of the reimbursements of installments, interest and commissions;
  • other changes were made, in the field of health, education, foreigners, fiscal-budgetary, economic, insolvency, or measures regarding the activity of the Ministry of Justice, regarding the increase of the operational capacity, regarding the persons deprived of liberty in custody of detention centers and preventive arrest centers, regarding the marital status, regarding the county road transport of persons and the transport of students, regarding the criminal investigation activity, etc.
It was adopted and entered into force on the 14h of May 2020.
3.25 Emergency ordinance no. 78/2020 regarding the granting by the Ministry of Health, through the county and Bucharest public health directorates, to the local public authorities, of the necessary protective masks for disadvantaged families and persons within the administrative-territorial units, as well as for supplementing the budget of the Ministry of Health, from the Fund budgetary reserve available to the Government, provided in the state budget for 2020, by which:
 
  • the categories of beneficiaries of the measure for granting protective masks as state aid were established;
  • it was decided to grant a number of 50 masks for each of the beneficiaries, for a period of 2 months;
  • the procedure for granting these masks to the beneficiaries was adopted.
 
It was adopted on the 21st of May 2020 and entered into force on the 22nd of May 2020.
3.26 Emergency Ordinance no. 90/2020 for the amendment of the Government Ordinance no. 6/2019 regarding the establishment of fiscal facilities, as well as for the amendment of other normative acts, by which:
 
  • amendments were made to the Government Ordinance no. 6/2019, regarding the restructuring of the main budgetary obligations that are outstanding on the 31st of March 2020;
  • the deadline for the application of some measures regulated by the Emergency Ordinance no. 29/2020 was extended until the 25th of  June 2020; Thus, for the fiscal obligations that are due starting from the 16th of April 2020 and unpaid until the 25th of June 2020, no interest and penalties are calculated and due, and enforcement measures by seizure of budget receivables are suspended or do not begin until of 25 June 2020;
  • the deadline for the application of some measures regulated by the Emergency Ordinance no. 48/2020 was extended until the 25th of  June 2020; Thus, the measures adopted for the VAT refund with the subsequent fiscal inspection are applied until this term, and the measures of forced execution of the budget receivables, by summons and by capitalization of the goods at auction, are suspended or shall not start until the 25th of  June 2020 and the limitation periods of the right of the fiscal body to establish fiscal receivables and to request the forced execution, as well as that of the taxpayer to request the restitution of the fiscal debts are suspended or do not begin their course until this date; Moreover, for the late payment of the installments from the payment plans unpaid until the 25th of  June 2020, no interest and penalties are calculated or due, and the conditions for maintaining the validity of the payment rescheduling granted are suspended until the 25th of  June 2020.
 
It was adopted on the 27th of May 2020 and entered into force on the 29th of May 2020.
 
3.27 Emergency Ordinance no. 92/2020 for the establishment of active support measures for employees and employers in the context of the epidemiological situation caused by the spread of the SARS-CoV-2 coronavirus, as well as for the amendment of some normative acts, by which:
 
  • it was decided that a part of the salary shall be reimbursed from the unemployment insurance budget, representing 41.5% of the gross basic salary corresponding to the job, but not more than 41.5% of the average gross salary, for employers whose employees had their individual employment contracts suspended for a period of at least 15 days during the state of emergency or state of alert; The settlement is granted for a period of 3 months; This support measure is also granted to persons who have individual labor agreements concluded under the Law no. 1/2005, under the same conditions;
  • it was decided to grant 50% of the employee's salary, but no more than 2,500 RON, for a period of 12 months and for each person employed in these conditions, for employers who employ for an indefinite period, full time, persons of age of over 50 years whose employment relationships have ended for reasons not attributable to them, during the state of emergency or state of alert, who are registered as unemployed in the records of the county employment agencies, respectively the employment agency of Bucharest;
  • it was decided to grant 50% of the employee's salary, but no more than 2,500 RON, for a period of 12 months and for each person employed in these conditions, for employers who employ for an indefinite period, full time, persons aged between 16 and 29 years, who are registered as unemployed in the records of the county employment agencies, respectively the employment agency of Bucharest;
  • it was decided to extend the granting of the technical unemployment indemnity and other indemnities granted to certain beneficiaries based on the Government Emergency Ordinance no. 30/2020, for all fields of activity in which restrictions are maintained, until the lifting of these restrictions.

It was adopted on the 28th of May 2020 and entered into force on the 29th of May 2020.
 
4. LAWS
 
4.1 Law no. 19/2020 regarding the granting of free days to parents in the situation of temporary closing of educational establishments, by which:
 
  • it was regulated the granting of free days for parents in the situation of the temporary closing of educational environments, as well as the conditions and procedures for granting these free days;
  • it was established the indemnity which will be given to parents in the above-mentioned situation;
  • it was established the settlement of the above-mentioned indemnity by the state.
 
It was promulgated on 14th of March 2020, entered into force on 17th of March and was furtherly amended on 21st of March 2020 and on 30th of March.
4.2 Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, by which:
 
  • the general normative framework for the state of alert has been created, including the definition of the state of alert, the manner in which the state of alert can be declared and extended and the relevant competencies, the maximum duration for which the state of alert can be established, respectively extended, etc.; 
  • it was provided that the consumption of food and beverages may be suspended in common dining areas in restaurants, hotels, motels, pensions, cafes or other public places, both inside and on the terraces outside them; it may be permitted to sell foods and beverages which are not consumed in the mentioned premises, with the exception of terraces;
  • it was provided that the retail activities of products and services in shopping centers where several economic operators operate may be suspended, with certain exceptions;
  • it was provided that the validity of collective labor contracts and collective labor agreements is extended during the state of alert, as well as for a period of 90 days from its end, the parties having the obligation to initiate collective negotiation within 45 days from the end of the state of alert;
  • it was established that the technical unemployment indemnity, as well as the other indemnities granted to certain categories of beneficiaries, based on the Government Emergency Ordinance no. 30/2020, will continue to be granted for all fields of activity in which restrictions are maintained, until their lifting, but not later than the 31st of December 2020; Thus, all the provisions of this ordinance will be applicable under the same conditions, respectively for all areas of activity in which restrictions are maintained, until their lifting, but not later than the 31st of December 2020;
  • important sectoral measures were adopted in the following areas: economic, health, labor and social protection, transport and infrastructure, education and research, youth and sport, culture and worship, insolvency, execution of punishments, educational measures and other measures ordered by the judicial bodies during the criminal trial;
  • the sanctioning framework was established, being provided that the infringement of the provisions of the law attracts disciplinary, civil, contraventional or criminal liability, as the case may be.
 
It was promulgated on the 15th of May 2020 and entered into force on the 18th of May 2020.
4.3 Law no. 59/2020 regarding the approval of the Government Emergency Ordinance no. 30/2020 for the amendment and completion of some normative acts, as well as for the establishment of some measures in the field of social protection in the context of the epidemiological situation determined by the spread of the SARS-CoV-2 coronavirus, by which:
 
  • it was established that the provisions of Law 19/2020 regarding the days off granted to parents for the supervision of their children, in case of suspension of courses or temporary closure of the educational establishments where they are enrolled, due to unfavorable weather conditions or other extreme situations decreed by the competent authorities in the matter, shall apply for the period immediately following the end of the state of emergency and until the end of the school year in 2020;
  • an exception was introduced regarding the provision stating that the days off are not granted if one of the parents has it individual labor contract suspended for the temporary interruption of the employer's activity or if the other parent does not earn an income from other activities provided by the law, if the parent suffers from a severe or accentuated disability, thus they are exempted from paying income tax;
  • it was provided that the affidavit of the parent requesting days off will now include their declaration that they do not have their labor contract suspended for the temporary interruption of the employer's activity;
  • it was provided that the granting of the rights regarding the leave and the monthly indemnity for raising children will  be continued without interruption, during the entire period of the state of emergency, as well as for a period of 30 days from its termination, with the exception of the insertion incentive;
  • it was established that the period for granting the unemployment indemnity, established in accordance with the law, is extended by 3 months;
  • it was provided that during the state of emergency the beneficiaries of the technical unemployment indemnity who do not comply with the normative provisions in force regarding quarantine, isolation or self-isolation at home, cease to have the right to indemnity on the date of finding by the competent authority self-isolation at home;
  • it was established that employers may offer meal vouchers, exclusively electronically, to employees whose labor contracts are suspended as a result of the declared state of emergency;
  • it was established that the provisions of GEO 30/2020, including normative acts amending and / or supplementing it or containing provisions regarding its application, shall continue to be applicable, without interruption, from the date of termination of the state of emergency for all areas of activity in which restrictions are maintained, until their termination, but not later than the 31st of December 2020.
 
It was adopted on the 19th of May 2020 and entered into force on 22nd of May 2020.
 
4.4 Law no. 61/2020 regarding the approval of the Government Emergency Ordinance no. 41/2020 for the amendment and completion of Law no. 19/2020 regarding the granting of some days off to parents for the supervision of children, in case of temporary closure of educational units, by which:
 
  • it was established that the provisions of Law 19/2020 regarding the days off granted to parents for the supervision of their children, including during school holidays, in case of temporary closure of educational establishments, shall be applicable for the period immediately following the end of the state of emergency and until the end of the school year in 2020.
 
It was adopted on the 19th of May 2020 and entered into force on 22nd of May 2020.
 
4.5 Law no. 60/2020 for the approval of the Government Emergency Ordinance no. 32/2020 regarding the amending and supplementing of the Government Emergency Ordinance no. 30/2020 for amending and supplementing some normative acts, as well as for establishing some measures in the field of social protection in the context of the epidemiological situation determined by the spread of SARS-CoV-2 coronavirus and for establishing additional social protection measures, by which:
 
  • it was established that, in the case of the indemnities that may be requested by the lawyers whose activity has been reduced due to the effects of the SARS-CoV-2 coronavirus, during the state of emergency, if in the month for which they request the indemnity they earn an income reduced with a minimum 25% than the monthly average for 2019, by the phrase “they earn an income”, it is understood that during the reference period they have earned an income from the practicing of the profession, as well as any other income from those provided in art. 62 and 76 of the Fiscal Code.
 
It was adopted on the 19th of May 2020 and entered into force on 22nd of May 2020.
 
4.6 Law no. 62/2020 regarding the application of facilities for the payment of rent for the period relating to the state of emergency, by which:
 
  • it was established that certain categories of tenants have the possibility to request the postponement of the payment of rent for the entire period of the state of emergency, as well as for the next month after the end of the state of emergency, for buildings registered as offices, workplaces or home, following that the payment of the rent shall be carried out by the competent territorial fiscal body;
  • the payment of the respective rents will be made by the tenant to the fiscal body according to a plan for payment in equal installments, after the postponement period, until the 31st of December 2020, without having to pay interest or penalties;
  • income earned by transferring the use of real estate, obtained under contracts for rent, sublease or usufruct in 2020, is not subject to income tax, under certain conditions;
  • income earned by transferring the use of real estate, obtained under contracts for rent, sublease or usufruct in 2020, is taxable only in proportion of 80% of their value, under certain conditions, for taxpayers paying profit tax or income tax for micro-enterprise income.
 
It was adopted on the 20th of May2020 and enters into force on the 24th of May 2020.
5. GOVERNMENT DECISIONS
 
5.1 Government decisions no. 217/2020 for the application of the provisions of Law no. 19/2020, by which:
 
  • it was established concretely which are the free days that shall be granted for parents, in the context of the COVID-19 pandemic;
  • it was regulated the procedure regarding the settlement of the indemnity given to parents for the free days granted in the situation of closing of the educational establishments.
 
It was adopted on 18th of March 2020 and entered into force on 21st of March 2020.
5.2 Government decision no. 270/2020 for the approval of the Norms for applying the provisions of the Government Emergency Ordinance no. 37/2020 regarding the granting of facilities for loans granted by credit institutions and non-banking financial institutions to certain categories of debtors, by which:
 
  • the implementing rules regarding the granting of facilities for the credits granted to certain debtors were adopted, which regulated, among others, the period of granting the suspension facilities, the conditions for granting the facility, the eligibility criteria of the borrowers natural persons in mortgage contracts, etc.
 
It was adopted on 2nd of April 2020 and entered into force on 6th of April 2020.
5.3 Government Decision no. 281/2020 for approving the criteria for establishing the beneficiaries provided in art. X paragraph (5) of the Emergency Ordinance of the Government no. 29/2020 regarding some economic and fiscal-budgetary measures, by which:
 
  • it was established that during the emergency state they will benefit from the postponement payment for the utilities services, as well as the postponement of  payment for the rent for the building where they have the professional headquarters, the forms of exercising the profession of notaries public, the forms of exercising the profession of lawyers and the forms of organization of the profession of judicial executor, who fulfill a series of cumulative criteria established by decision.
 
It was adopted on 6th of April 2020 and entered into force on 8th of April 2020.
5.4 Government Decision no. 282/2020 for the approval of the Methodological Norms for the application of the Government Emergency Ordinance no. 110/2017 on the Program for supporting small and medium-sized enterprises - IMM INVEST ROMANIA, by which:
 
  • the methodological norms regarding the Program for the support of small and medium enterprises were approved - IMM INVEST ROMANIA, being regulated the way in which the state aid will be offered in the form of loans / credit lines guaranteed and of the aid in the form of grant.
 
It was adopted on 6th of April 2020 and entered into force on 8th of April 2020.
5.5 Government Decision no. 312/2020 for approving the criteria for establishing the beneficiaries provided at art. X paragraph (10) of the Government Emergency Ordinance no. 29/2020 regarding some economic and fiscal-budgetary measures, by which:
 
  • it was established that, during the state of emergency, the national sports federations and sports clubs holding an identity certificate will benefit from the postponement of payment for utility services, as well as the payment of rent for the premises with registered office and secondary offices, but only if they meet a series of cumulative criteria established by the decision.
 
It was adopted on the 15th of April and entered into force on the 22nd of April 2020.
5.6 Government Decision no. 326/2020 on amending and supplementing of the Government Decision no. 281 for approving the Methodological Norms for the application the Government Emergency Ordinance no. 110/2017 on the Support Program for Small and Medium Enterprises – IMM INVEST ROMANIA, by which:
 
•       the methodological norms for the application of the Government Emergency Ordinance no. 110/2017 on the support program for small and medium enterprises - IMM INVEST ROMANIA, regarding, among others, the possibility of cumulating two types of loans and the term by which the state will cover the risk and administration fees.
It was adopted on 23rd of April 2020 and entered into force on 27 of April 2020.
5.7 Government Decision no. 394/2020 on the declaration of the state of alert and the measures applied during it in order to prevent and combat the effects of the COVID-19 pandemic, by which:
  • the state of alert was declared on the territory of the country for a period of 30 days, starting with the 18th of May 2020, when the CNSU Decision no. 24/2020 has ceased to be applicable;
  • it was established that the documents issued based on the CNSU Decision no. 24/2020 remain valid, if they do not contradict the provisions of this decision, until the issuing of new documents under the Law no. 55/2020;
  • a number of measures were adopted in order to increase the response capacity;
  • the obligation to wear a protective mask, in closed public spaces, commercial spaces, means of public transport and at work, was provided;
  • the measure of quarantine / isolation at home was established, for all persons coming to Romania from abroad, with certain exceptions;
  • other measures were adopted in order to ensure the resilience of the communities, apart from the two previously presented;
  • it was provided that it is forbidden to organize and hold 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;
  • it was provided that it is forbidden to participate in private events in closed spaces, except for those that take place with the participation of maximum 8 people;
  • it was provided that it is forbidden to carry out recreational and sports activities carried out outdoors, except for certain activities that take place with the participation of maximum 3 people who do not live together;
  • the movement of persons in groups larger than 3 persons inside the localities was prohibited, as well as the formation of such groups;
  • it was provided that it is forbidden for people to move outside the locality / metropolitan area, with certain exceptions;
  • the entry on the territory of Romania, through the border crossing points, of foreign citizens and stateless persons was prohibited, with certain exceptions;
  • flights were suspended, with certain exceptions, as well as the international road transport of persons, with certain exceptions, to certain countries and from there to Romania;
  • the consumption of food and alcoholic and non-alcoholic beverages in common dining areas in restaurants, hotels, motels, pensions, cafes or other public places has been suspended, while being allowed to sell food and alcoholic beverages which are not consumed in those locations;
  • the activity of retail sale of products and services in the shopping centers where several economic operators operate has been suspended, with certain exceptions;
  • the activity of economic operators carrying out activities in closed spaces in the following areas was suspended: gambling, fitness activities, swimming pool activities, spa treatment activities, playgrounds and game rooms, except for personal care activities;
  • the activity for the administration of beaches or outdoor pools / swimming pools was suspended;
  • the measure of temporary suspension of courses in schools was maintained until the end of the school / university year;
  • other measures were adopted in order to reduce the impact of the type of risk, in addition to those presented above.
It was adopted and entered into force on the 18th of May 2020.
5.8 Government Decision no. 434/2020 for the amendment and completion of annex no. 3 to the Government Decision no. 394/2020 on the declaration of the state of alert and the measures applied during it to prevent and combat the effects of the COVID-19 pandemic, by which:
 
  • it was established that it is allowed to organize sports competitions and to carry out training physical activities by professional athletes, under certain conditions;
  • it was established that drive-in shows are allowed only if the occupants of a vehicle are members of the same family;
  • it was established that it is allowed to organize outdoor performances, concerts, public and private festivals or other cultural events, but only with the participation of up to 500 spectators with seats, located at a distance of at least 2 meters from each other, as well as and wearing a protective mask;
  • traffic restrictions outside the locality / metropolitan area were lifted;
  • international road passenger transport and international rail passenger transport was resumed, under certain conditions;
  • it was established that the preparation, selling and consumption of food and alcoholic and non-alcoholic beverages in outdoor spaces, in the open air are allowed, but with a minimum distance of 2 m between tables and the participation of a maximum of 4 people at a table, if they are from different families, with the obligation to implement certain measures;
  • the restriction on the suspension of beach management activities was lifted, allowing access to the beaches arranged with sunbeds for each of the persons present, ensuring a minimum distance of 2 m between the sunbeds that are used by people from different families, with the obligation to implement certain measures.

It was adopted on the 28th of May 2020, and the measures ordered shall apply starting from the 1st of June 2020.
6. ORDERS
 
6.1 Order no. 791/2020 of the Minister of Economy, Energy and Business Environment regarding the issuing of the emergency situation certificate for economic operators whose activity is affected in the context of the SARS-CoV-2 pandemic, by which:
 
  • it was established which categories of operators that can request the emergency situation certificate, as well as the procedure for issuing the certificate.
 
It was issued on 24th of March 2020 and entered into force on 25th of March 2020.
 
6.2 Order no. 346/2020 of the president of the National Agency of Employment regarding the approval of the draft of the affidavit regulated by article 3, paragraph 1, letter c) of the Government decision no. 217 for the application of the provisions of Law no. 19/2020 regarding the granting of free days to parents for the purpose of supervising the children in the situation of temporary closing of educational establishments, by which:
 
  • it was approved the draft of the affidavit which will be filed by the employers of parents who requested the granting of free days in the situation of closing of schools/kindergartens/nurseries, for the settlement of the indemnity.
 
It was issued on 26th of March 2020 and entered into force on 31st of March 2020.
 
6.3 Order no. 740/2020 of the Ministry of Labor and Social Protection for the approval of the draft of the documents regulated by article XV paragraph (1) of the Emergency ordinance no. 30/2020, with the amendments and completions adopted by the Emergency ordinance of the Government no. 32/2020, by which:
 
  • the drafts of the request and affidavit for granting of indemnities to persons who have concluded individual labor conventions regulated by Law no. 1/2005 regarding the organizing and functioning of the cooperation, as well as other professionals.
 
It was issued and entered into force on 31st of March 2020.
 
6.4 Order no. 741/2020 of the Ministry of Labor and Social Protection for the approval of the drafts of the documents regulated by article XII paragraph (1) of the Emergency ordinance of the Government no. 30/2020, with the amendments and completions by the Emergency Ordinance of the Government no. 32/2020, by which:
 
  • it was approved the draft of the request that will be filed by the employer for the granting of the indemnity for technical unemployment, the draft of the affidavit that will be filled in by the legal representative of the employer and the draft of the list of employees who have entered into technical unemployment.
 
It was issued and entered into force on 31st of March 2020.
 
6.5 Order no. 742/2020 of the Ministry of Labor and Social Protection regarding the approval of the drafts of the documents regulated by art. XV paragrapgh (2) of the Emergency ordinance of the Government no. 30/2020, with the amendments and completions adopted by the Emergency ordinance of the Government no. 32/2020, by which:
 
  • the models of the request, the affidavit and the list to be submitted by the sports structure for obtaining the allowance for the benefit of the athletes, coaches, doctors, nurses, masses, physiotherapists or researchers, whose sports activity contracts have been temporary suspended, have been approved.
 
It was issued and entered into force on 31st of March 2020.
 
6.6 Order no. 742/2020 of the Ministry of Labor and Social Protection regarding the approval of the drafts of the documents regulated by art. XV paragraph (4) of the Emergency ordinance of the Government no. 30/2020, with the amendments and completions adopted by the Emergency ordinance of the Government no. 32/2020, by which:
 
  • the models of the request and the affidavit were approved for the request of the indemnity by the natural persons who obtain income exclusively from the copyright and the related rights, which interrupt their activity.
 
It was issued and entered into force on 31st of March 2020.
 
6.7 Order no. 56/2020 of the Ministry of Internal Affairs regarding the designation of the competent personnel for ascertaining contraventions and applying contraventional sanctions for the duration of the emergency situation for violating the provisions of article 9 paragraph (2) of the Emergency ordinance of the Government no. 1/1999 regarding state of siege and state of emergency regime, by which:
 
  • the persons who are legitimated to find contraventions and to apply sanctions for non-observance of the measures ordered in the context of the declared state of emergency were designated;
 
It was issued and entered into force on 31st of March 2020.

6.8 Order of the Minister of Public Finance for approving the model of the guarantee agreement provided in art. 5 paragraph (2) of the Government Emergency Ordinance no. 37/2020 regarding the granting of facilities for loans granted by credit institutions and non-bank financial institutions to certain categories of debtors, and of the model of the implementation agreement, by which:
  • the model of the convention on the implementation of the fiscal facility for loans granted to certain categories of debtors, which is concluded between the Ministry of Public Finance and the National Credit Guarantee Fund for Small and Medium Enterprises (FNGCIMM) was approved, as well as the model of the guarantee agreement concluded between FNGCIMM and creditors, credit institutions and non-bank financial institutions.
It was issued on 14.04.2020 and entered into force on 16.04.2020.
 
6.9 Order no. 848/2020 of the Minister of Labor and Social Protection for the approval of the model for the documents provided in art. XV para. (1) of the Government Emergency Ordinance no. 30/2020 for amending and supplementing some normative acts, as well as for establishing measures in the field of social protection in the context of the epidemiological situation determined by the spread of SARS-CoV-2 coronavirus, in the case of persons who have concluded individual labor agreements based on Law no. 1/2005 regarding the organization and functioning of the cooperation, by which:
 
  • the models for the documents required for requesting indemnities, namely the request, the affidavit and the list of persons with whom the cooperative societies have concluded individual labor agreements based on Law 1/2005 and whose activity was interrupted, were approved.
 
It was adopted on the 23rd of April and entered into force on the 24th of April 2020.
 
6.10 Order no. 849/2020 of the Minister of Labor and Social Protection for the approval of the model for the affidavit provided in art. XV para. (11) of the Government Emergency Ordinance no. 30/2020 for the amendment and completion of some normative acts, as well as for the establishment of some measures in the field of social protection in the context of the epidemiological situation determined by the spread of the SARS-CoV-2 coronavirus, by which:
 
  • the models for the request and the affidavit required for requesting the indemnity by the lawyers whose activity was reduced in the context of the COVID-19 pandemic were approved.
 
It was adopted on the 23rd of April and entered into force on the 24th of April 2020.
6.11 Order no. 389/2020 for the modification of the annex to the Order of the president of the National Agency for Employment no. 346/2020 regarding the approval of the model of the declaration on one's own responsibility provided in art. 3 paragraph (1) letter c) of the Government Decision no. 217/2020 for the application of the provisions of Law no. 19/2020 on granting days off to parents for supervision of children, in case of temporary closure of educational establishments, by which:
•       the model of the affidavit which required of the parents  will be filed by the employers of parents who requested the granting of free days in the situation of closing of schools/kindergartens/nurseries, for the settlement of the indemnity was modified.
It was issued on 27th of April and entered into force on 30th of April.
6.12 Order no. 1706/2020 of the Minister of Economy, Energy and Business Environment regarding the amendment of the Order of the Minister of Economy, Energy and Business Environment no. 791/2020 on granting emergency certificates to economic operators whose activity is affected in the context of the SARS-CoV-2 pandemic, by which:
 
  • it has been established that the yellow type certificate, which is granted for the decrease in the incomes or revenues of the economic operators, can now be granted for the decrease registered in April 2020, before this being granted only for the decrease registered in March 2020.
 
It was issued on the 12th of May 2020 and entered into force on the 13th of May 2020.
6.13 Order no. 829/2020 of the Minister of Health regarding measures for the prevention of contamination with the new SARS-CoV-2 coronavirus and for ensuring the activity at work in conditions of safety and health in the field of transport, during the state of alert, by which:
 
  • obligations have been imposed on economic operators managing the transport infrastructure, to ensure the protection distance between persons of at least 1.5 m and to inform passengers, including the obligation to periodically disinfect the means of public transport and the areas at risk of congestion in stations, bus stations, ports, embarkation / disembarkation places, airport terminals and metro stations;
  • the measures to be taken for each type of transport, land, underground, air and naval, were provided;
  • it was established persons have the obligation to wear a protective mask in all stations, bus stations, ports, places of embarkation / disembarkation, airport terminals and subway stations, as well as inside any means of public transport, during the state of alert.
It was issued on the 15th of May 2020 and entered into force on the 16th of May 2020.
 
6.14 Order no. 831/2020 of the Minister of Health regarding the measures for the prevention of contamination with the new SARS-CoV-2 coronavirus and for ensuring the activity at work in conditions of safety and health at work, during the state of alert, by which:
  • measures that are to be taken by all employers in the public and private sectors, in order to prevent the spread of COVID-19 and to ensure safe work and health at work, including a range of recommendations, have been provided;
  • the special measures that are to be taken in case an employee is suspected / confirmed with COVID-19 infection have been provided;
  • the obligation of employees to follow certain measures has been established, such as wearing a protective mask, accepting the body temperature check at the entrance to the premises, at the beginning of the program and whenever they return to the premises, disinfecting the workplace and their hands, following the instructions provided in the prevention and protection plan and its own occupational safety and health instructions drawn up by the employer, etc.
It was issued on the 15th of May 2020 and entered into force on the 16th of May 2020.
 
 
6.15 Order no. 832/2020 of the Minister of Health regardind measures for the prevention of contamination with the new SARS-CoV-2 coronavirus and for ensuring the activity at work in conditions of safety and health in the field of economy, during the state of alert, by which:
  • the rules for organizing and carrying out the personal care activity in spaces specially designed for hairdressing, hairdressing, manicure, pedicure and cosmetics, have been provided;
  • a series of recommendations were adopted regarding the activity in the offices with common spaces in open system (open space), including measures concerning the employees and measures concerning the employer;
  • a series of recommendations were adopted regarding the functioning of the tourist reception structures with accommodation functions, while being provided, at the same time, some measures for the  temporary restriction of certain types of activities (restaurants, bars, cafes and confectioneries, playgrounds specially designed for children, as well as places specially designed for fitness, saunas, indoor swimming pool, etc., inside hotels, remain closed; the use of elevators is restricted for cases of strict necessity and only by a maximum of two people at a time, who will wear protective masks; the washing and disinfection of surfaces in rooms and common areas will be done more frequently than usual).
It was issued on the 15th of May 2020 and entered into force on the 16th of May 2020.
6.16 Order no. 1730/2020 of the Minister of Economy, Energy and Business Environment for the amendment of the Order of the Minister of Economy, Energy and Business Environment no. 791/2020 regarding the granting of the emergency certificates to economic operators whose activity is affected in the context of the SARS-CoV-2 pandemic, by which:
 
  • it has been provided that the TYPE 2 certificate (yellow) can be issued for economic operators that have registered significant decreases in their income in March 2020, April 2020 or May 2020, respectively by a percentage of at least 25% compared to the average of the income from January-February 2020;
  • the model of the affidavit submitted by the economic operator has been modified to include the above changes;
  • it was provided that the Ministry of Economy, Energy and Business Environment may issue emergency certificates, upon request, to economic operators whose activity is affected in the context of the SARS-CoV-2 pandemic until 15th of June 2020.
 
It was issued on the 15th of May 2020 and entered into force on 20th of May 2020.
6.17 Order no. 79/2020 of the Minister of Internal Affairs regarding the measures and rules applicable in the field of transport, during the state of alert, to prevent the spread of COVID-19, by which:
 
  • a set of common obligations has been established for all economic operators managing the transport infrastructure, namely taking the necessary measures to ensure the protection distance of at least 1.5 m between persons, taking measures to inform passengers and ensuring regular disinfection of areas with risk of congestion in railway stations, bus stations, ports, embarkation / disembarkation places, airport terminals and metro stations, as well as means of public transport;
  • the obligation to wear a protective mask was provided in all stations, bus stations, ports, embarkation / disembarkation places, airport terminals and metro stations, as well as inside any means of passenger transport;
  • special measures and rules were provided for each type of transport, respectively land, underground, air and naval transport.
 
It was adopted and entered into force on the 22nd of May 2020.
 
6.18 Order no. 874/2020 of the Minister of Health regarding the establishment of the obligation to wear a protective mask, to ensure the epidemiological triage and the obligatory disinfection of the hands in order to prevent the contamination with the SARS-CoV-2 virus during the state of alert, by which:
 
  • it was established that people have the obligation to wear a protective mask in closed public spaces, commercial spaces, in public transport and at work, along with the exceptions to this obligation, which may be introduced by the occupational doctor, following the risk assessment ;
  • the indications regarding the correct use of the protective mask were provided, such as the need to sanitize the hands before putting on the mask or the need to change the mask every 4 hours or whenever it gets wet or damaged;
  • the obligations of the employers regarding the wearing of the mask, namely the elaboration of their own procedures, the performance of the risk assessment by the occupational doctor and the training of the employees by the person in charge of safety and health at work, were provided;
  • it was established public institutions and authorities, economic operators and professionals have the obligation to organize the activity so as to ensure the epidemiological triage and the mandatory disinfection of hands, under certain conditions, at the entrance;
  • the procedure for performing the epidemiological triage, conducted by measuring the temperature and observing the respiratory symptoms, was established, both for the employees and for other persons requesting to be allowed access to the premises;
  • a number of measures have been provided for the access of other persons to the premises, such as allowing access only to persons who have reasonable grounds to be on the premises, while also being established that they shall be accompanied by a person from the premises, after the registration of the office / department where they will go.
 
It was adopted and entered into force on the 22nd of May 2020.
6.19 Order no. 903/2020 of the Minister of Health for the approval of the Norm on establishing specific measures to prevent the spread of SARS-CoV-2 virus during the alert state in public catering establishments, by which:
 
  • the specific measures to be implemented during the state of alert in the public catering units in connection with the activities of handling, preparation, selling, delivery and consumption of food products have been provided.
 
It was adopted on the 25th of May 2020 and entered into force on the 29th of May 2020.
 
6.20 Order no. 966/2020 of the Minister of Health for the approval of the Norm on establishing specific measures to prevent the spread of SARS-CoV-2 virus for the activities of preparation, serving and consumption of food, alcoholic and non-alcoholic beverages in specially designed spaces outside the buildings of public catering units, by which:
 
  • the specific measures to be implemented for the activities of preparation, serving and consumption of food, alcoholic and non-alcoholic beverages on the terraces / open spaces outside the public catering units have been provided, in connection with the activities of handling, preparation, selling, serving and food consumption.  
 
It was adopted on the 29th of May 2020 and entered into force on the 30th of May 2020.
 
6.21 Order no. 967/2020 of the Minister of Health on measures to prevent contamination with the new coronavirus SARS-CoV-2 and to ensure the development of activities in conditions of health safety in the field of culture, by which:
 
  • the specific measures to be implemented for the prevention of contamination with the new coronavirus SARS-CoV-2 and for ensuring the development of activities in health safety in the field of culture have been provided, respectively for the activity of museums and art galleries, for the activity of libraries, for the activity of bookstores, in the field of film and audiovisual production, for cultural events / actions organized outdoors and for drive-in events.  
 
It was adopted and entered into force on the 29th of May 2020.
7. DECISIONS OF THE CONSTITUTIONAL COURT
 
7.1 CCR Decision no. 152/2020 regarding the exception of unconstitutionality of the provisions of art. 9, art. 14 lit. c1) -f) and of art. 28 of the Government Emergency Ordinance no. 1/1999 on the regime of the state of siege and the regime of the state of emergency and of the emergency ordinance, as a whole, as well as of the Government Emergency Ordinance no. 34/2020 for the amendment and completion of the Government Emergency Ordinance no. 1/1999 on the state of siege and the state of emergency as a whole, by which:
 
  • the Court rejected the exception of unconstitutionality and found that the provisions of art. 14 letters c1) - f) of the Government Emergency Ordinance no. 1/1999 regarding the state of siege and the state of emergency, as well as the emergency ordinance, as a whole, are constitutional in relation to the criticisms made; Thus, the Court established that the President, acting within the limits of his legal powers, identified the rights and freedoms whose exercise was to be restricted, but went beyond the legal framework by adopting the measures he considered to be of "first aid with direct applicability".
  • the Court admitted the exception of unconstitutionality and found that the provisions of art. 28 of the Government Emergency Ordinance no.1/1999 regarding the state of siege and the state of emergency are unconstitutional and that the Emergency Ordinance of the Government no. 34/2020 for amending and completing the Government Emergency Ordinance no. 1/1999 regarding the state of siege and the state of emergency is unconstitutional, as a whole; Thus, the Court invalidated the entire system of sanctions that were applied during this period to those who did not comply with the measures imposed during the state of emergency; The tickets given for the infringement of the measures adopted can thus be challenged for this reason.
 
It was given on the 06th of May 2020 and takes effect starting with the 13th of May 2020.
7.2 CCR decision no. 157/2020 [R / A] regarding the exception of unconstitutionality of the provisions of art. 2 lit. f) and of art. 4 of the Government Emergency Ordinance no. 21/2004 on the National Emergency Management System, by which:
  • the Court rejected the exception of unconstitutionality and found that the provisions of art. 2 lit. f) of the Government Emergency Ordinance no. 21/2004 on the National Emergency Management System are constitutional in relation to the criticisms made; Thus, the Court established that this article, which included the definition of the state of alert, meets the quality requirements of the law on clarity and predictability, as from the systematic interpretation of the normative act results sufficient criteria to identify a state of alert;
  • the Court admitted the exception of unconstitutionality and found that the provisions of art. 4 of the Government Emergency Ordinance no. 21/2004 on the National Emergency Management System are constitutional insofar as the actions and measures ordered during the state of alert do not aim at restricting the exercise of certain fundamental rights or freedoms.
It was given on the 13th of May 2020 and takes effect starting with the 15th of May 2020.
 
8. DECISIONS OF THE NATIONAL COMMITTEE FOR EMERGENCY SITUATIONS
 
8.1 CNSU Decision no. 24/2020 on the approval of the establishment of the state of alert at national level and of the measures for prevention and control of infections, in the context of the epidemiological situation generated by the SARS-CoV-2 virus, as a whole, by which:
  • the state of alert has been established on the territory of Romania for a period of 30 days and a series of prevention and control measures were adopted in the context of the COVID-19 pandemic;
  • it was established that persons have the obligation to wear a mask in commercial spaces, public transport, at work and in other closed spaces;
  • the obligation of institutions and public authorities and economic operators to organize work at home or, if this is not possible, to take certain measures to ensure the health of employees, has been established;
  • the obligation of the institutions and economic operators to take measures for the organization of the activity was established, if the public access on the premises is allowed;
  • it was forbidden to organize and hold rallies, demonstrations, concerts or any other gatherings in open spaces, as well as cultural, scientific, artistic, sports, entertainment, gambling, fitness activities, swimming pool activities and spa treatment carried out indoors, with certain exceptions;
  • the activity of serving products has been suspended in the dining areas of restaurants, hotels, motels, pensions, cafes or other public places, including on the outdoor terraces, except for the sale of products that do not involve customers in these spaces;
  • the activity of shopping centers with a built area of ​​more than 15,000 sq m was suspended, where several economic operators operate;
  • the suspension of flights to Austria, Belgium, the Swiss Confederation, France, Germany, Iran, Italy, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of the Netherlands, Spain, the United States of America, Turkey and Iran, and from these countries, has been extended for a period of 14 days, with certain exceptions;
  • the measure of quarantine / isolation at home together with the persons with whom they live together was established, for all persons coming to Romania from abroad;
  • the prohibition of people leaving their localities was established, with certain exceptions;
  • the measure of suspending the courses in the educational units was maintained;
  • the possibility for employers to order the preventive isolation measure at work / in special areas, under certain conditions, was maintained.
 
It was adopted on the 14h of May 2020 and entered into force on the 15h of May 2020.