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The procedure for issuing Emergency Certificates has been published!

This evening (25th of March 2020) the order for issuing the Emergency Certificates for the companies whose activity has been affected by the SAR-cov-2 pandemic was published in the Official Gazette.

Which are the rules?

  • the Emergency Certificates (EC) will be issued by the Ministry of Economy, Energy and Business Environment;

  • the Certificates are released, on the basis of the applicants' request, which are the business entities affected by the SAR-cov-2 pandemic;

  • The applicants are the legally authorised persons of the business entities under the provisions of OUG 30/2020 and OUG 29/2020, respectively:

    • the companies who interrupt all or part of their activity on the basis of decisions issued by the competent public authorities in accordance with the law during the decree state of emergency (this will mainly include hotels, restaurants, cafes, events organisers, etc. The Government will publish in the next few days a list of the CAEN codes for which the facility will apply);

    • the companies who reduce their activity due to the effects of the outbreak COVID-19, registering in March revenues that are reduced with at least 25% compared to the average revenues between January and February 2020.

  • The application for the EC issuance shall be submitted by the applicant exclusively by electronic means via the platform and the issue of certificates will be done automatically, electronically, once the application has been validated by the system.

What types of certificates do exist?

The emergency certificates will be issued in the following two forms:

  • Type 1 - BLUE - in the form set out in the Appendix 1 of the Order, for applicants who make the request on the basis of their declaration (The model declaration is contained in Annex 3 of the Order) from which results that there is a total or partial interruption of their activity following the decisions issued by the competent public authorities, in accordance with the law, during the declared State of Emergency;
  • Type 2 - YELLOW - in the form set out in the 2nd Annex to the Order, for applicants making the application on the basis of their declaration (the model declaration is contained in the 3rd Annex to the Order) from which it turns out a reduction of the revenues in March 2020 of at least 25% compared to the average revenues in January-February 2020.

An applicant can only apply for a single certificate.

Where will the certificates be used?

  • in relation with the public institutions for obtaining facilities/support measures;

  • in commercial relations, at the end of renegotiating some contracts.

How to obtain the certificate?

  • To obtain the TYPE 1 (BLUE) / TYPE 2 (YELLOW) emergency certificate, the applicant has to upload the following information and documents to the platform:

    • the identification information;

    • a declaration of the legal representative who certifies that the application and all the documents used to request the certificate are in accordance with the law and in accordance with the type of certificate applied for (with regard to the total or partial closure of the activity, or the reduction of revenue, to the amount indicated).

  • Applicants who are not registered in the Trade Registry must provide the information and documents mentioned above and the documents concerning the authorization of the activity;

  • The self-declaration model will be published by the Ministry of Economy, Energy and Business Environment on the platform;

  • The documents mentioned above must be loaded into the platform, with the electronic signature of the legal representative, the business entity or his authorised representative, holder of the electronic signature;

  • If the legal representative does not have an electronic signature, he can sign by hand, and then all documents loaded into the platform (including the self-declaration) will be electronically signed by the authorised representative.

The Ministry of Economy, Energy and the Business Environment releases the EC only during the period of the State of Emergency in Romania.

How is the authenticity of the EC and the information underlying its issuance verified?

  • the EC is valid without a signature and a stamp and can be checked on the http:/// platform with the serial number.

  • In cases of inspections and controls carried out by the competent authorities, they also verify the documents underlying the self-declaration.

  • If a reasonable suspicion is identified on obtaining the EC, with a breach of the law, or if the actual legal situation of the applicant is not established, the competent authorities shall be notified in order to determine the necessary measures.

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