mpr partners · page | 2 . contents . i. introduction

April 22, 2020

MEASURES TAKEN BY ROMANIA - THE STATE OF EMERGENCY AMID THE COVID-

19 OUTBREAK

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CONTENTS

I. INTRODUCTION .............................................................................................................................. 9

II. PRINCIPLES REGARDING THE ADOPTION AND LIFTING OF RESTRICTION MEASURES ................................................................................................................................................ 10

1. EUROPEAN COMMISSION RECOMMENDATIONS ON LIFTING THE RESTRICTION MEASURES .......... 10

2. RULES REGARDING RESTRICTION OF RIGHTS AND LIBERTIES .......................................................... 12

III. MOVEMENT RESTRICTIONS ..................................................................................................... 13

3. MOVEMENT OF PERSONS ................................................................................................................. 13

4. ENTRY RESTRICTIONS FOR FOREIGN CITIZENS ................................................................................. 14

5. QUARANTINE AND ISOLATION MEASURES UPON ENTERING ROMANIA ........................................ 15

6. EXCEPTIONS FROM QUARANTINE AND ISOLATION MEASURES UPON ENTERING ROMANIA ......... 17

7. FLIGHT RESTRICTIONS...................................................................................................................... 18

8. NAVAL RESTRICTIONS ..................................................................................................................... 19

9. INTERNATIONAL ROAD TRANSPORT RESTRICTIONS ........................................................................ 21

IV. OBLIGATION TO CONTINUE ACTIVITIES ............................................................................ 21

10. CONTINUITY OBLIGATION FOR PUBLIC UTILITY ACTIVITIES ............................................................ 21

11. SPECIFIC OBLIGATION TO ENSURE THE INTEGRITY AND CONTINUITY OF THE TELECOM SERVICES

AND NETWORKS........................................................................................................................................ 22

12. MEASURES TO ENSURE THE CONTINUITY OF THE NATIONAL ENERGY SYSTEM AND OF THE PUBLIC

UTILITY SERVICES ...................................................................................................................................... 22

13. CONTINUITY OBLIGATION FOR LEGAL PROFESSIONALS .................................................................. 23

V. STATE OF EMERGENCY AND FORCE MAJEURE ................................................................. 24

14. CERTIFICATES REGARDING THE STATE OF EMERGENCY .................................................................. 24

VI. RELATIONSHIP WITH AUTHORITIES .................................................................................... 25

15. EXPIRY DATE FOR DOCUMENTS ISSUED BY PUBLIC AUTHORITIES ................................................... 25

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16. THE PENALTIES APPLICABLE DURING THE STATE OF EMERGENCY ................................................. 26

17. SEIZURE OF GOODS THAT ARE ON THE LIST OF NECESSARY GOODS DURING THE STATE OF

EMERGENCY .............................................................................................................................................. 27

18. RELATIONSHIP WITH TRADE REGISTRY .......................................................................................... 28

19. RELATIONSHIP WITH JUDICIARY AND CRIMINAL PROSECUTION BODIES ........................................ 28

20. ULTIMATE BENEFICIARY IN CASE OF COMPANIES REGISTERED WITH TRADE REGISTRY ................ 29

21. ULTIMATE BENEFICIARY IN CASE OF ASSOCIATIONS AND FOUNDATIONS ..................................... 29

VII. IT AND TELECOMMUNICATIONS ........................................................................................... 30

22. CONTAINMENT OF FAKE NEWS ....................................................................................................... 30

23. IT MEANS FOR VERIFYING QUARANTINE CONDITIONS ................................................................... 30

24. DISSEMINATION OF COVID-19 RELATED MESSAGES ..................................................................... 31

25. FULFILMENT OF PRE-CONTRACTUAL AND CONTRACTUAL OBLIGATIONS ..................................... 32

VIII.TRADE CONDITIONS ................................................................................................................... 32

26. POSSIBLE CAPPING OF THE PRICE FOR CERTAIN PRODUCTS AND SERVICES .................................... 32

27. SAFETY MEASURES FOR RETAILERS .................................................................................................. 33

28. RULES REGARDING AGRI-FOOD MARKETS AND PLANT-BASED PRODUCTS SHOPS.......................... 34

29. MEASURES RELATED TO COMMERCIALIZATION OF PETROL AND DIESEL PRODUCTS ..................... 34

30. PURCHASING OF SPECIFIC MEANS OF PROTECTION AND INTERVENTION THROUGH THE

NEGOTIATED PROCEDURE WITHOUT PRIOR PUBLICATION OF A CONTRACT NOTICE .............................. 35

IX. REQUISITION MEASURES .......................................................................................................... 36

31. POSSIBLE REQUISITION OF GOODS, PRODUCTION CAPACITIES AND STOCKS .................................. 36

X. SHUT-DOWNS ................................................................................................................................. 37

32. RESTORATION AND HOTELS ............................................................................................................ 37

33. RECREATION AND PERSONAL CARE ................................................................................................ 37

34. COMMERCIAL CENTERS ................................................................................................................... 38

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XI. PHARMA AND HEALTHCARE ................................................................................................... 38

35. POTENTIAL REQUISITION OF PRODUCTS, RAW MATERIALS AND MANUFACTURING FACILITIES .... 38

36. POTENTIAL PRICE CAPPING FOR MEDICINAL PRODUCTS AND MEDICAL DEVICES ......................... 39

37. MEASURES TO INCREASE SUPPLY AND SIMPLIFY REIMBURSEMENT OF MEDICAL SERVICES AND

MEDICINAL PRODUCTS ............................................................................................................................. 39

38. PURCHASING OF MEDICINAL PRODUCTS AT PRICES HIGHER THAN THE MAXIMUM APPROVED

ONES ......................................................................................................................................................... 41

39. CAPPING THE CLAWBACK TAX PERCENTAGE .................................................................................. 41

40. “OFF-LABEL” PRESCRIPTIONS OF MEDICINAL PRODUCTS ............................................................... 41

41. DIRECT PURCHASING OF MATERIALS AND MEDICINAL PRODUCTS ................................................ 42

42. TRANSPORT OF MEDICAL DEVICES AND SANITARY PRODUCTS FOR COVID-19 INFECTIONS ........ 43

43. RESTRICTIONS TO OPERATE FOR DENTAL PRACTICES ..................................................................... 44

44. RESTRICTIONS TO OPERATE FOR MOST RETAILERS IN MALLS, EXCEPT FOR PHARMACIES .............. 44

45. APPROVED TREATMENT PROTOCOL FOR COVID-19 ...................................................................... 44

46. TEMPORARY SUSPENSION OF THE DISTRIBUTION OUTSIDE ROMANIA OF MEDICINAL PRODUCTS, MEDICAL DEVICES AND SANITARY MATERIALS ........................................................................................ 45

47. TEMPORARY SUSPENSION OF DISTRIBUTION OUTSIDE ROMANIA OF BIOCIDAL PRODUCTS USED IN

THE TREATMENT OF SARS-COV-2 INFECTIONS AND OF THE RAW MATERIALS THEREOF ..................... 46

48. EXTENDING THE VALIDITY OF THE MAXIMUM PRICES AND REFERENCE PRICES APPROVED BEFORE

MARCH 29, 2017 ...................................................................................................................................... 47

49. INCREASE OF COVID-19 DIAGNOSE TESTING CAPACITY ............................................................... 47

50. ACCOMMODATION TO HEALTHCARE PROFESSIONALS BETWEEN SHIFTS ....................................... 48

51. APPROVING ENTITIES FOR MATERIALS AND MEDICAL DEVICES NECESSARY FOR FIGHTING THE

COVID-19 VIRUS ..................................................................................................................................... 48

52. MEASURES FOR PREPARING HOSPITALS FOR THE COVID-19 PANDEMIC ...................................... 49

53. IMPORT TAXES ON MEDICAL EQUIPMENT AND MEDICINAL PRODUCTS FOR FIGHTING COVID-19

INFECTIONS WILL NOT BE PAID AT CUSTOMS ........................................................................................... 50

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54. EXTENSION OF THE TERM OF THE HEALTH SERVICE PACKAGES AND FRAME-AGREEMENT FOR THE

YEARS 2018-2019 AND OF THE NATIONAL HEALTH PROGRAMS FOR THE YEAR 2017-2018 ................... 51

55. EXTENSION OF SPECIFIC DEADLINES SET OUT IN THE FRAME AGREEMENT ................................... 52

56. REGULATIONS REGARDING THE ACTIVITY OF FAMILY PHYSICIANS................................................ 53

57. EXTENSION OF THE TERM OF SOME MEDICAL DOCUMENTS ............................................................ 54

58. SUPPLEMENTARY FUNDS FOR SOME HEALTHCARE SERVICE PROVIDERS ........................................ 55

59. TELEMEDICINE ................................................................................................................................. 56

60. SIMPLIFIED REGISTRATION OF SPECIFIC MEDICAL DEVICES ............................................................ 57

61. EXTENSION OF SPONSORSHIP DECLARATIONS AND PUBLICITY TERMS FOR MEDICINAL PRODUCTS58

62. NEW PRESCRIPTION RULES APPLICABLE THROUGHOUT THE STATE OF EMERGENCY ..................... 59

63. DIGITAL SIGNATURE ON HEALTHCARE RELATED CONTRACTS ....................................................... 60

64. RELEASE OF MEDICINAL PRODUCTS TO PERSONS OTHER THAN PATIENTS ..................................... 60

65. FACILITATING ENROLMENT OF NEW PATIENTS IN NATIONAL HEALTHCARE CURATIVE PROGRAMS

OTHERWISE MANAGED BY COVID-19 DEDICATED HOSPITALS .............................................................. 61

66. INCREASED FINANCING OF NATIONAL HEALTHCARE PROGRAMS ................................................. 62

67. NEW PRIVATE HEALTHCARE SERVICE PROVIDERS CONTRACTED FOR PERFORMING COVID-19 RT-PCR TESTING ............................................................................................................................................ 63

68. EXTENSION OF REPORTING TERMS FOR HOSPITALS ......................................................................... 64

69. EMERGENCY AUTHORIZATION PROCEDURE FOR NEW MEDICINAL PRODUCTS AGAINST COVID-1964

70. RISK STIMULUS FOR MEDICAL STAFF INVOLVED IN COVID-19 ...................................................... 65

71. EMERGENCY ENDORSEMENT PROCEDURE FOR MEDICAL DEVICES ................................................. 65

72. INCREASED RESERVE OF MEDICAL EQUIPMENT ............................................................................... 66

73. TEMPORARY AMENDMENT OF RULES REGARDING DONATIONS TO HEALTHCARE UNITS .............. 67

74. POTENTIAL LIMITATION OF TREATMENT BY PUBLIC HOSPITALS TO URGENT CASES ...................... 68

75. INCLUSION IN CANAMED OF NEW MEDICINAL PRODUCTS FOR COVID-19 TREATMENT ............. 68

76. PROCEDURE FOR COLLECTING PLASMA FROM CURED COVID PATIENTS ...................................... 69

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XII. EMPLOYMENT ................................................................................................................................ 70

77. STATE SUBSIDIZED LEAVE FOR PARENTS WITH CHILDREN IN SCHOOL ........................................... 70

78. WORK FROM HOME / TELEWORK DURING THE STATE OF EMERGENCY........................................... 71

79. LABOUR INSPECTIONS DURING COVID-19 .................................................................................... 72

80. VALIDITY OF THE COLLECTIVE LABOUR AGREEMENTS DURING COVID-19 .................................. 73

81. INCENTIVES GRANTED BY THE STATE DURING THE TEMPORARY REDUCTION / INTERRUPTION OF

ACTIVITY ................................................................................................................................................... 73

82. EMPLOYEE ID OR EMPLOYMENT CERTIFICATE ................................................................................ 74

83. PREVENTIVE ISOLATION .................................................................................................................. 75

84. MEDICAL LEAVE CERTIFICATE ......................................................................................................... 75

85. ADDITIONAL MEASURES RELATED TO THE STATE OF EMERGENCY SITUATION .............................. 77

XIII. TAX MEASURES .............................................................................................................................. 78

86. EXTENSION OF LEGAL DEADLINES FOR THE PAYMENT OF TAXES ON ASSETS ................................. 78

87. EXTENSION OF LEGAL DEADLINES FOR RESTRUCTURING OF THE OUTSTANDING BUDGETARY

OBLIGATIONS ............................................................................................................................................ 78

88. ELIMINATION OF LATE PAYMENT INTEREST RATES AND PENALTIES .............................................. 79

89. SUSPENSION OR NON-COMMENCEMENT OF ENFORCEMENT MEASURES ........................................ 79

90. MODIFICATION OF THE COMPUTATION METHOD OF ADVANCE QUARTERLY PAYMENTS OF THE

YEARLY PROFIT TAX .................................................................................................................................. 80

91. BONIFICATION FOR THE PAYMENT OF THE CORPORATE INCOME TAX FOR THE FIRST QUARTER OF

2020 80

92. REMOTE COMMUNICATION WITH THE STATE TREASURY ............................................................... 81

93. ONLINE PAYMENT OF TAXES ........................................................................................................... 81

94. ONLINE ACCESS TO TAX RESIDENCE CERTIFICATES......................................................................... 82

95. EXTENDED DEADLINE FOR SUBMISSION OF FINANCIAL STATEMENTS ............................................ 82

96. THE REFUND OF VALUE ADDED TAX SUBJECT TO SUBSEQUENT CONTROL ..................................... 83

97. NO TAX BENEFITS FOR ALLOWANCES PAID FROM THE STATE BUDGET ........................................... 83

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98. TAX EXEMPTION FOR HOSPITALITY INDUSTRY ............................................................................... 84

99. EXEMPTION FROM INCOME TAX AND CONTRIBUTIONS FOR SOME SALARY BENEFITS .................... 84

100. SPECIAL TAX MEASURES FOR GAMBLING OPERATORS ..................................................................... 85

101. SPECIAL TAX MEASURES RELATED TO ETHYL ALCOHOL, ALCOHOLIC BEVERAGES AND ENERGY

PRODUCTS ................................................................................................................................................. 85

102. SPONSORSHIP OF PUBLIC INSTITUTIONS .......................................................................................... 86

103. NOTIFICATION FOR UNDECLARED TAX OBLIGATIONS .................................................................... 86

104. TAX REDIRECTION NOTIFICATION ................................................................................................... 87

XIV. BANKING .......................................................................................................................................... 88

105. OPENING OF A NOMINATIVE EURO ACCOUNT IN THE NAME OF THE BANK DEPOSITS GUARANTEE

FUND ........................................................................................................................................................ 88

106. SIMPLIFYING THE REPORTING TO THE ROMANIAN FINANCIAL SUPERVISORY AUTHORITY

(”ASF”) .................................................................................................................................................... 88

107. EXTENSION OF REPORTING DEADLINE TO ASF ............................................................................... 89

108. DECREASE OF THE TAXES DUE BY THE AUTHORIZED ENTITIES TO THE ASF .................................. 90

109. DECREASE OF THE INTEREST RATE PAID BY THE BANKS FOR THE MINIMUM MANDATORY RESERVES

ESTABLISHED IN RON .............................................................................................................................. 90

110. DECREASE OF THE BNR`S REFERENCE INTEREST RATE ................................................................... 91

111. THE EUROPEAN BANK AUTHORITY`S RECOMMENDATIONS WITH RESPECT TO FORBEARANCE

MEASURES ................................................................................................................................................. 91

112. OTHER MEASURES TAKEN BY THE BNR .......................................................................................... 92

113. FACILITIES WITH RESPECT TO LOANS GRANTED TO SPECIFIC DEBTORS .......................................... 93

114. EBA’S GUIDELINES ON LEGISLATIVE AND NON-LEGISLATIVE MORATORIA ON LOAN REPAYMENTS

APPLIED IN THE LIGHT OF THE COVID-19 CRISIS.................................................................................... 96

115. DECREASE OF THE INTEREST RATE PAID BY THE BANKS FOR THE MINIMUM MANDATORY RESERVES

ESTABLISHED IN EUR AND US DOLLARS ................................................................................................. 98

116. EXTENSION OF DEADLINES RELATED TO THE SUBMISSION OF THE ANNUAL FINANCIAL

STATEMENTS OF ENTITIES WITHIN PRIVATE PENSION SYSTEM ................................................................. 98

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117. EBA’S RECOMMENDATIONS AND PROPOSALS WITH RESPECT TO SUPERVISORY MEASURES IN THE

COVID-19 PANDEMIC CONTEXT ............................................................................................................. 99

XV. OTHER FINANCIAL SUPPORT MEASURES ......................................................................... 100

118. STATE GUARANTEES ...................................................................................................................... 100

119. POSTPONEMENT FOR THE PAYMENT OF UTILITIES AND RENT ...................................................... 105

120. NO PENALTIES FOR DELAYED PERFORMANCE IN CONTRACTS CONCLUDED WITH PUBLIC

AUTHORITIES .......................................................................................................................................... 106

XVI. EUROPEAN FUNDS ...................................................................................................................... 106

121. ORGANIZATIONAL MEASURES RELATED TO THE ACTIVITIES FINANCED FROM EUROPEAN FUNDS106

122. SUPPORT MEASURES FOR BENEFICIARIES OF EUROPEAN FUNDS .................................................. 108

XVII.COMPETITION ............................................................................................................................. 109

123. RESTRICTIONS REGARDING M&A TRANSACTIONS IN ENERGY FIELD .......................................... 109

124. ENFORCEMENT OF ANTITRUST LAW .............................................................................................. 110

125. STATE AID ...................................................................................................................................... 113

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I. INTRODUCTION

Romania has entered a state of emergency as of March 16, 2020, in order to contain the spread of and fight against the effects of the severe acute respiratory syndrome coronavirus 2, known as SARS-CoV-2.

This document contains high level summaries of some of the main provision of certain legal enactments and measures taken by Romania in connection with the COVID-19 outbreak, which may be of interest for the business environment.

Although MPR Partners may, at its discretion, update this document from time to time, this document should not be seen as an exhaustive presentation of all measures taken by Romania during the current turmoil or of the legal implications thereof. For any further details on any of the below or any other aspects, professional advice should be sought.

This document contains general information only, and it should not be considered as legal, tax, accounting opinion or other professional advice or services. This publication is not a substitute for such professional advice or services, nor should it be used as a basis for any decision or action that may affect your finances or your business.

Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. Maravela, Popescu & Roman SPRL does not undertake any liability, express or implied, in connection with the content of this document.

Intellectual property notice

Any and all intellectual property rights arising from the creation of this document, whether protected by registration or otherwise or not, are vested in Maravela, Popescu & Roman SPRL.

Persons receiving this document by e-mail from Maravela, Popescu & Roman SPRL attorneys holding partner positions (the “Authorized Recipients”) and the entities wherein the Authorized Recipients hold director, officer, employee or similar positions as well as the affiliates of such entities (such entities and their affiliates to be hereinafter referred to as the ``Authorized Entities``) are hereby granted free of charge a non-exclusive license to use this document for the internal purposes of the Authorized Entities, for the entire duration of the state of emergency in Romania and for three years thereafter. This document may not be forwarded or reproduced to any persons outside the Authorized Entities, in whole or in part, without the prior express permission of Maravela, Popescu & Roman SPRL, given in writing.

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II. PRINCIPLES REGARDING THE ADOPTION AND LIFTING OF RESTRICTION MEASURES

1. European Commission recommendations on lifting the restriction measures

Enactment Communication – a European roadmap to lifting coronavirus containment measures dated April 15, 2020

Subjects Member states (“Member States”) of the European Union (“EU”)

Type Recommendation

Content The European Commission has developed a set of recommendations to Member States on how to gradually lift containment measures, as follows:

(i) measures will be lifted in different steps and sufficient time should be left between the steps (e.g. one month), as the effect of their lifting can only be measured over time;

(ii) general measures should progressively be replaced by targeted ones, such as:

• most vulnerable groups should be protected for longer time;

• diagnosed people or people with mild symptoms should remain quarantined to decrease transmission risks;

• safe, targeted alternatives should replace existing general prohibitive measures;

• general states of emergencies should gradually be replaced by more targeted interventions by governments in line with their constitutional arrangements. This will ensure the democratic accountability of the measures taken and a wide public acceptance by the population.

(iii) the lifting of measures should start with those with a local impact and be gradually extended to measures with a broader geographic coverage, taking into account national specificities. This would allow for effective and tailored actions and the potentially swift redeployment of measures in case new infections occur;

(iv) a phased approach for opening internal and external borders to allow for the flow of essential workers and goods, such as:

• internal border controls should be lifted in a coordinated

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manner. Travel restrictions should first be eased between identified low-risk areas. Neighbouring Member States should stay in close contact to facilitate this;

• in a second phase, external borders would reopen access for non-EU residents, taking into account the spread of the coronavirus outside the EU. Restrictions to non-essential travel to the EU must be continuously reviewed.

(v) economic activity should be phased in to ensure that authorities and businesses can adequately adjust to increasing activities in a safe way. The whole population should not return to the workplace at the same time and social distancing should continue to apply. Teleworking should be encouraged. At the work place, occupational health and safety rules should be observed;

(vi) gatherings of people should be progressively permitted. When reflecting on the most appropriate sequencing, Member States should focus on the specificities of different categories of activity, such as:

• schools and universities;

• commercial activity (retail) with possible gradation;

• social activity measures (restaurants, cafes, sport centers), with possible gradation;

• mass gatherings.

(vii) efforts to prevent the spread of the virus should be sustained, with awareness campaigns to encourage the population to keep up the strong hygiene practices and social distancing;

(viii) measures should be continuously monitored and a certain readiness should be developed, as there is a risk of a strong resurgence and a return to strict containment measures. This is particularly important for healthcare systems.

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2. Rules regarding restriction of rights and liberties

Enactment Parliament’ Decision no. 4/2020 for the approval of the President’s Decree 240/2020 on the extension of the state of emergency on the territory of Romania

Subjects Government

Type Control measures

Content (i) the Government must observe specific rules when taking measures which restrict the rights and liberties, as follows: the restrictions may be ordered only by means of emergency ordinances;

(ii) the restrictions must be exclusively determined by the fight against SARS-CoV-2, must be fully reasoned and must strictly observe the Romanian Constitution;

(iii) the applicability of the restrictions must be limited to the duration of the state of emergency.

Within 60 days as of the end of the state of emergency, the Court of Auditors will investigate the way the public resources have been managed and will present the Parliament a report in this respect.

Duration For the duration of the state of emergency

MPR Partners comments

The Government is no longer allowed to restrict rights and liberties by ways of military ordinances, the issuance of emergency ordinances in this respect being mandatory.

The Court of Auditors is expressly mandated to investigate all the public spending during the state of emergency.

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III. MOVEMENT RESTRICTIONS

3. Movement of persons

Enactment Military Ordinance no. 3/2020 regarding measures for prevention of COVID-19

Military Ordinance no. 4/2020 regarding measures for prevention of COVID-19

Decree no. 195/2020 on the declaration of the state of emergency on the territory of Romania

Subjects Natural persons

Type Restriction measure

Content Movement of persons outside their homes is forbidden, except for, amongst others:

• trips to the persons` places of work and back home;

• trips required for the purchasing of goods for basic needs of persons and domestic animals, as well as goods required to carry out professional activities;

• trips for medical assistance that cannot be postponed or rendered from a distance;

• trips for humanitarian and voluntary actions;

• trips required to conduct agricultural activities;

• trips of agricultural producers with a view to sell agricultural products.

Movement of persons over 65 years is permitted only between 11 am and 1 pm for a limited number of reasons, save for persons who need to circulate for professional reasons, in order to conduct agricultural activities or for medical purposes (such as oncological treatments, dialysis and others), in this latter case under the conditions that personal or family or medical means of transport are used. In addition, in the interval between 8 pm and 9 pm, the persons over 65 years are allowed, in the close vicinity of their homes, to walk their pets, without the need to have a declaration in this respect.

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Persons need to hold signed declarations regarding the scope of the trip and related aspects (with the exception of persons over 65 years walking their pets in the home vicinity). In cases of trips to work additional documents are required (please see section XII.82).

Where possible companies are required to organize work from home/telework during the state of emergency. Hence trips to work may not be deemed as justified where telework or working from home would have been possible instead.

4. Entry restrictions for foreign citizens



Subjects Foreign citizens and stateless persons

Type Restriction measures

Content All foreign citizens and stateless persons are forbidden to enter Romanian territory, with certain exceptions, such as:

• family members of Romanian citizens;

• family members of EU citizens or of EEA citizens or of Swiss citizens that reside in Romania;

• persons who have a long stay visa, a residence permit or equivalent issued by Romanian authorities based on the Government Emergency Ordinance no. 194/2002 or an equivalent document issued by the authorities of other States based on EU law;

• persons travelling for professional purposes proven by visa, residence permit or an equivalent document;

• diplomats, staff of international organisations, military staff or humanitarian staff;

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• transit passengers;

• passengers travelling for imperative medical or family reasons;

• persons requiring international protection or other humanitarian reasons.


5. Quarantine and isolation measures upon entering Romania

Enactment Ministry of Health Order 414/2020 regarding the establishment of the quarantine measure for the persons in the emergency situation of international public health determined by the COVID-19 infection and the establishment of measures to prevent and limit the effects of the epidemic

Ministry of Health Order no. 497/2020 amending and supplementing Ministry of Health Order 414/2020 regarding the establishment of the quarantine measure for the persons in the emergency situation of international public health determined by the COVID-19 infection and the establishment of measures to prevent and limit the effects of the epidemic

Ministry of Health Order 622/2020 amending and supplementing the Ministry of Health Order no. 414/2020 regarding the establishment of the quarantine measure for the persons in the emergency situation of international public health determined by the COVID-19 infection and the establishment of measures to prevent and limit the effects of the epidemic

Subjects Persons (i) who travelled in COVID-19 affected areas (a list of which being available atwww.insp.gov.ro/cnscbt) or (ii) had contact with persons presenting symptoms and who have travelled in COVID-19 affected areas or (iii) had contact with persons confirmed with COVID-19 and (iv) the family members thereof; healthcare units

Content 1. Institutionalised quarantine

The persons having previously travelled in the COVID-19 “red zones” will be placed in institutionalized quarantine. The transport from the border to the institutionalized quarantine area will be carried out with special dedicated means of transport, made available by the public health department together with the relevant local public authority.

Persons in institutionalized quarantine will be tested for COVID-19 only if

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they present symptoms. If the result is positive, they are transported to and isolated in the hospital. The transport of the blood samples will be done under the same safety conditions as the influenza samples, and the testing will be done at the nearest available laboratory carrying out such tests.

Quarantined persons may exit quarantine after 14 days in the absence of any symptoms, based on an epidemiological endorsement to be issued by the county public health authorities.

Local public administration authorities must ensure accommodation for the persons in quarantine. County health authorities must evaluate and endorse the quarantine accommodation, settle the corresponding expenses, as well as ensure the provision of medical assistance by nominating the healthcare units responsible in each county.

2. Domicile quarantine

As an exception from the institutionalised quarantine, (i) person without symptoms who enter the Romanian territory from the red zones and (ii) persons without symptoms who have been confirmed as COVID-19 infected and the family members thereof will be quarantined at their domicile, to the extent the space allows individual quarantine or complete separation from the other persons residing therein.

The quarantine is established for 14 days and the subject thereof must alert their family doctors, so that their health can be monitored.

3. Isolation

All the other persons subject of the Orders will be placed in self-isolation for 14 days with the obligation to self-monitor their health and, in the absence of any symptoms throughout this period, may leave self-isolation without any paperwork.

Quarantined and self-isolated persons who are insured in the public health system benefit from leave and quarantine allowance for the period established by the relevant documents issued by the public health authorities.

Depending on the evolution of the pandemic, the authorities may declare quarantine in a community, such triggering the isolation of a specific area, any entering in and leaving from the area being prohibited.

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6. Exceptions from quarantine and isolation measures upon entering Romania






Subjects Drivers of motor vehicles used for the carriage of goods with a maximum authorized capacity of over 2.4 tonnes, aircraft pilots, seafarers, cross-border workers, persons that perform installation, commissioning, maintenance, service activities on the medical equipment and equipment or work in the scientific, economic, defence, public order and national security fields

Type Restriction measures

Content Specific categories of persons are exempted from the mandatory quarantine and insolation measures, to the extent symptoms associated with COVID-19 are absent:

(i) drivers of motor vehicles used for the carriage of goods with a maximum authorized capacity over 2.4 tonnes, that do not have symptoms associated with COVID-19 (under the condition that they fill in a statement indicating the contact location between voyages and the employer ensures individual material for protection against COVID-19);

(ii) drivers of the above vehicles that travel from and to an European Union member state for professional reasons, irrespective of who owns the motor vehicles (under the condition that they present certificate signed by the employer upon entering Romania);

(iii) drivers of the above vehicles transiting Romania (under the conditions of observing specific requirements related to routes and

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parking lots used, duration of transit);

(iv) cross-border workers entering Romania from Hungary or Bulgaria who work within a 30 km radius from the nearest state border on either side and who return home at least once a week;

(v) persons entering Romania for performing installation, commissioning, maintenance, service of equipment/technique in the medical, scientific, economical, defence, public order and national security field (under the condition that they provide evidence of a contractual relationship with the Romanian beneficiaries of their services).

Duration For the duration of the state of emergency.

7. Flight restrictions







Subjects Airlines


Content All air flights to and from certain countries (i.e. Italy, Spain, Germany, France, Austria, Belgium, Swiss Confederation, United States of America, The United Kingdom of Great Britain and Northern Ireland, Netherlands, Turkey, Iran) are suspended, except for the following:

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• flights carried out with official aircrafts;

• correspondence and freight flights;

• humanitarian flights;

• medical emergency flights;

• technical non-commercial authorizations;

• the charter flights by all air carriers holding a valid operating licence pursuant to European Union regulations, that transport seasonal workers (with the exception of the health and social assistance workers) from Romania to other states, subject to the approval of the competent authorities from the country of destination. The approval for organizing the charter flights is issued by the Ministry of Transport, Infrastructure and Communications, through the Romanian Civil Aeronautical Authority.

Duration The flights to and from:

• Spain and Italy are suspended for another 14 days, starting with April 14, 2020, 18.00 hours, in case of Spain and starting with April 19, 2020, in case of Italy;

• France and Germany are suspended for another 14 days, starting with April 21, 2020;

• Austria, Belgium, Swiss Confederation, United States of America, United Kingdom of Great Britain and Northern Ireland, Netherlands, Turkey, Iran are suspended for another 14 days, starting with April 18, 2020.

8. Naval restrictions




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Subjects Legal and natural persons


Content Access of pilots on board of ships coming from red or yellow quarantine areas to the Romanian maritime harbours may be made only with protection equipment established by the Ministry of Health.

The access of maritime and fluvial-maritime ships to maritime Danube harbours, as well as the inspection and operation of such ships are carried out without restrictions, with the observance of all measures set out by the Ministry of Health to prevent the infection with COVID-19.

In the Romanian ports, the crew change of the inland vessels under Romanian pavilion and of the sea-going vessels, irrespective of their pavilion, may be done by submitting to the competent authorities the "Certificate for International Transport Workers"1, and observing the following conditions:

(i) in case of inland vessels under Romanian pavilion, the crew presenting no COVID-19 symptoms upon dis-embarkment will not be subject to quarantine or isolation measures, if using individual protective equipment against COVID-19 from the vessel to the location during voyages;

(ii) in case of sea-going vessels, the entire crew will be tested for COVID-19 and transported on the shortest route to or from the border crossing points;

(iii) the Romanian crew that repatriate and have no symptoms associated with COVID-19 will enter in self-isolation at home for 14 days, if presenting a statement regarding the continuous use of the individual protective equipment against COVID-19 when from the ship to the self-isolation location.


1 The certificate is approved by the Communication from the Commission on the implementation of the Green Lanes under the Guidelines for border management measures to protect health and ensure the availability of goods and essential services (2020/C 96 I/01)

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9. International road transport restrictions



Subjects Road passenger transport operators


Content International road passenger transport to and from Italy, Spain, France, Germany, Austria, Belgium, Swiss Confederation, the United Kingdom of Great Britain and Northern Ireland, Netherlands and Turkey is suspended.

Duration For the duration of the state of emergency starting from April 4, 2020.

IV. OBLIGATION TO CONTINUE ACTIVITIES

10. Continuity obligation for public utility activities

Enactment Emergency Ordinance 1/1999 regarding the state of siege and the state of emergency

Subjects Public authorities and companies


Content All public authorities and companies that provide public utility activities such as in the field of energy, health, agriculture and food, water supply, communications and transport are obliged to ensure continuous supply to the population and to defense forces.


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11. Specific obligation to ensure the integrity and continuity of the telecom services and networks

Enactment Decree no. 240/2020 on the extension of the state of emergency on the territory of Romania

Subjects Telecom companies


Content The providers of electronic communications services are obliged to take technical and organizational measures:

(i) to ensure the integrity of the electronic communications networks;

(ii) to ensure the continuity of the electronic communications services;

(iii) to avoid the possible interruption of the data and/or voice traffic in the electronic communications networks for the end-users - military and civilian authorities.



The Government Emergency Ordinance no. 111/2011 on electronic communications already imposes a general obligation on the providers of public electronic communications to take all appropriate steps to guarantee the integrity of their networks and to ensure the continuity of supply of services provided over these networks.

In the absence of any distinction in the decree, it is uncertain how a provider of electronic communication services that does not also own an electronic communication network will be able to take the technical and organizational measures to ensure the integrity of such networks.

12. Measures to ensure the continuity of the national energy system and of the public utility services


Subjects Public authorities and energy and public utility companies

Type Support measure

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Content Measures are taken in order to ensure the continuity in extraction, production, processing, transport, distribution, supply, maintenance and repair of resources and raw and / or semi-processed materials, necessary for the proper functioning and continuity of the national energy system, as well as ensuring the continuity of all public utility services.



The authorities will adopt specific legal enactments for the implementation of such principle.

13. Continuity obligation for legal professionals

Enactment Government Emergency Ordinance no. 29/2020 regarding certain economic and fiscal-budgetary measures

Decree no. 240/2020 on the extension of the state of emergency on the territory of Romania

Subjects Public notaries, lawyers and bailiffs


Content Public notaries, lawyers and bailiffs must take all the necessary measures to ensure the continuity of their activity, with the observance of the sanitary rules and of other measures set forth by the competent authorities during the state of emergency.

Non-compliance with the above obligation amounts to a disciplinary offence sanctioned with the exclusion from the profession.


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V. STATE OF EMERGENCY AND FORCE MAJEURE

14. Certificates regarding the state of emergency

Enactment Decree no. 195/2020 on the declaration of the state of emergency on the territory of Romania

Order no. 791/2020 of the Ministry of Economy, Energy and Business Environment

Order no. 822/2020 of the Ministry of Economy, Energy and Business Environment to amend Order no. 791/2020 of the same

Subjects Legal entities


Content Businesses whose activity is negatively affected in the context of the COVID-19 situation and that benefit from support measures based on Government Emergency Ordinance no. 30/2020, Government Emergency Ordinance no. 29/2020 and Government Emergency Ordinance no. 37/2020 may request certificates ascertaining the state of emergency from the Ministry of Economy, Energy and Business Environment.

There are two categories of certificates, which are to ascertain the extent to which the activity of the applicant was affected by the current situation:

(i) the blue certificate, where the total or partial interruption of the activity is the result of the effects of the decisions issued by the competent public authorities during the state of emergency;

(ii) yellow certificate, where the applicant registers in March a reduction in proceeds or revenues by at least 25 per cent as compared to the average of January and February.

These certificates may be obtained through the online platform prevenire.gov.ro.

The certificates may be used to obtain certain support/facility measures set out by law or in „commercial relationships”.

The applications submitted in view of obtaining the certificate must be executed (i) with the authorized electronic signature of the legal representative of the enterprise concerned or (ii) they can bear the handwritten signature of the legal representative and be electronically

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signed by a proxy having an authorized electronic signature.

Duration 30 days starting March 16, 2020 (the duration may be extended for another 30 days, depending on the evolution of COVID-19 outbreak)


From the legal provisions it is not clear whether all entities affected may request the state of emergency certificate, seen that the Government Emergency Ordinance no. 30/2020 and Government Emergency Ordinance no. 29/2020 refer in principle to SMEs. Nevertheless, in practice, there have been press articles stating that various non-SMEs have requested such state of emergency certificate, no information being available on whether the same have been granted or not.

While the initial order entitled entities to benefit from the yellow certificate only in case of reduction in revenues, the applicability thereof was extended also to companies registering a reduction in proceeds (of minimum 25 per cent).

Due to their use in commercial relationships we reckon that all enterprises affected by the state of emergency should be able to use such certificates in view of force majeure claims. This should be clarified by the Ministry of Economy, Energy and Business Environment.

MPR Partners holds the requisite authorized electronic signature in view of filing the relevant applications.

VI. RELATIONSHIP WITH AUTHORITIES

15. Expiry date for documents issued by public authorities



Emergency Ordinance no. 34/2020 amending and supplementing Emergency Ordinance 1/1999 regarding the state of siege and the state of emergency



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Content The documents issued by public authorities set to expire during the state of emergency period will remain valid throughout the state of emergency and for a period of 90 days from the expiry of this period.

Based on the provisions of the Military Ordinance no. 3/2020 on the measures for preventing the spreading of COVID-19, the above-mentioned documents may be replaced in 90 days from the ending date of the state of emergency.


16. The penalties applicable during the state of emergency

Enactment Emergency Ordinance no. 34/2020 amending and supplementing Emergency Ordinance 1/1999 regarding the state of siege and the state of emergency

Subjects Natural persons, public authorities, legal entities

Type Sanctions

Content Failure to comply with the obligations imposed during the state of emergency is sanctioned with a fine ranging from RON 2,000 to RON 20,000, for natural persons, and from RON 10,000 to RON 70,000, for legal persons.

Depending on the nature and gravity of the deed, complementary sanctions may be applied, such as:

• seizure of the goods destined, used or resulting from the minor offence;

• access restriction by applying the seal by the authorized bodies;

• temporary suspension of activity;

• dismantling of some works;

• remedial of some developments.

The fiscal facilities provided by article VII of the Government Emergency Ordinance no. 29/2020 and addressed in section XII.88 and XII.89 below (consisting in exemptions from late payment interest rates and penalties and suspension/non-commencement of enforcement measures for the

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budgetary obligations) do not apply to any of the above-mentioned sanctions.


17. Seizure of goods that are on the list of necessary goods during the state of emergency

Enactment Emergency Ordinance no. 34/2020 amending and supplementing Emergency Ordinance 1/1999 regarding the state of siege and the state of emergency

Subjects Public authorities, legal entities

Type Sanctions

Content The Ministry of Internal Affairs will set out and will communicate to the relevant authorities the List of necessary goods that are insufficient for the implementation of the measures set out throughout the state of emergency.

In case the authorities apply sanctions of seizing goods included on the List of necessary goods (as mentioned at point 11 above), the Ministry of Internal Affairs and the Ministry of National Defense will directly assign such goods, free of charge either (i) to the relevant public authorities and institutions or (ii) if such goods consist in raw materials or other materials that may be used for the production of goods on the List of necessary goods, to specialised operators, on a voluntary basis. In this latter case, the products thus obtained will be assigned free of charge to specific authorities and public institutions set by the Minister of Internal Affairs and the Ministry of National Defense. The expenses corresponding to producing and transporting such goods to the beneficiary authorities and institutions are tax deductible.


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18. Relationship with Trade Registry


Subjects Trade Registries and legal entities


Content Trade Registry operations will only be undertaken online, based on authorized electronic signatures for the period mentioned below.

Duration 30 days starting March 16, 2020 (the duration may be extended for another 30 days, depending on the evolution of COVID-19 outbreak)


MPR Partners is fully able to perform online registrations, holding authorized electronic signatures. Businesses wishing to perform such registrations themselves should hold authorized electronic signatures.

19. Relationship with judiciary and criminal prosecution bodies



Subjects Romanian courts, legal entities and natural persons


Content Civil court cases that are not on the special list of urgent cases drawn up on the occasion of the current crisis will be suspended during the state of emergency.

Appeal terms running during the state of emergency are deemed as interrupted. New terms will start to run after the cessation of the state of emergency.

Criminal prosecutions and criminal trials are suspended, save for the cases set out by law as urgent.

Duration The initial duration of 30 days starting March 16, 2020 was extended with another 30 days starting from April 15, 2020 (the duration may be

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extended for another 30 days, depending on the evolution of COVID-19 outbreak)


During the state of emergency, the civil and criminal court shall judge only the urgent cases, a list of which has been published by decision of the Magistrates Superior Council.

20. Ultimate beneficiary in case of companies registered with Trade Registry


Subjects Companies


Content The deadline for submitting the declaration on the ultimate beneficiary is prolonged.

Duration Three months from the ending date of the state of emergency. For the entire state of emergency period, submitting such declaration is suspended.


The ultimate beneficiary declaration is to be submitted with the Trade Registry in view of providing the identification details of the company’s ultimate beneficiaries.

21. Ultimate beneficiary in case of associations and foundations


Subjects Associations and foundations


Content The deadline for submitting the declaration on the ultimate beneficiary and for the filling in of the relevant documents is prolonged.

Duration Three months from the ending date of the state of emergency. For the entire state of emergency period, submitting such declaration and the filling of the relevant documents are suspended.

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The ultimate beneficiary declaration is submitted with the Non-Governmental Organizations Department of the Ministry of Justice and lists the identification details of the ultimate beneficiaries of the association/foundation.

VII. IT AND TELECOMMUNICATIONS

22. Containment of fake news



Subjects Hosting and content providers; providers of electronic communication networks


Content Hosting and network providers, as well as electronic communication providers have the obligation to abide by the decisions of the Romanian national regulator in the field of communications as regards removing content concerning COVID-19 and restricting end users` access to such content and to inform the users about the taken measures.



The task of identifying and deciding on the fake news character of the information sits with the Strategic Communication Group and the Ministry of Internal Affairs.

23. IT means for verifying quarantine conditions



Subjects Relevant public authorities and subjects of the quarantine and self-

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isolation measures


Content In order to enable the verification of compliance with quarantine and self-isolation measures, the national intelligence institutions are to design communication systems and IT applications required for the relevant authorities to communicate permanently and in real time with persons under quarantine or self-isolation.


24. Dissemination of COVID-19 related messages



Subjects Broadcasters, mass-media


Content Sanitary warnings, communications, texts, photographic and audio-video materials with messages of public interest supporting measures to prevent the spread of COVID-19, irrespective if such messages belong to the Government or are sponsored by public or private operators, by individuals or by non-governmental organizations, will be aired free of charge. The airtime will be added to the space allocated for advertising.



The request to disseminate will come from the Strategic Communication Group within the National Committee for Special Emergency Situations. The message will need to bear, when broadcasted, the mention "Message of public utility".

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25. Fulfilment of pre-contractual and contractual obligations


Subjects Providers of electronic communication services


Content The providers of electronic communications services may also use the short message services (SMS), in order to fulfil their obligations regarding:

(i) the transmission of the pre-contractual and contractual information;

(ii) the conclusion of contracts;

(iii) the confirmation of contract conclusion.

In this case, the burden of proof rests with the provider of electronic communications services.



This measure comes to relax the obligations set in the Government Emergency Ordinance no. 34/2014 on consumers’ rights within agreements concluded with professionals and Government Emergency Ordinance no. 111/2011 on electronic communications.

VIII. TRADE CONDITIONS

26. Possible capping of the price for certain products and services






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Content The relevant authorities are allowed to cap the prices of medicines and medical equipment, of strict necessity food and of public utility services (electricity and heat, gas, water supply, sanitation, fuels and others).

Such measures have been taken with respect to the prices of electricity and heat, gas, water supply, sanitation and fuels, all of which will be capped at the level applied on March 29, 2020. The above-mentioned prices may only be decreased based on supply and demand.

In addition, if the prices of electricity and natural gas on the regional markets will decrease, the Government will take the necessary measures for such decreases to be reflected, partially or totally, in the final price paid by consumers.



We may expect that the authorities will establish price capping for other goods from among those specified by the Decree no. 195/2020 (and mentioned above).

27. Safety measures for retailers

Enactment Military Ordinance no. 3/2020 on the measures for preventing the spreading of COVID-19

Military Ordinance no. 4/2020 on the measures for preventing the spreading of COVID-19

Subjects Permitted retailers


Content The economic operators have the obligation to mark the area destined for the access of the customers and the sale area with visible signs to guide people to follow a safety distance of at least 1.5 meters.

The economic operators have the obligation to organize the working hours in order to facilitate and prioritize, between 11 am and 1 pm, the access within the location of the persons over 65 years, limiting i the access of other categories of people within this time frame.

Duration Starting with March 24, 2020, throughout the duration of the state of emergency.

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The prioritization applies starting from March 30, 2020.

28. Rules regarding agri-food markets and plant-based products shops



Subjects Agri-food markets


Content The agri-food markets remain open throughout the state of emergency.

The managers of agri-food markets are obliged to organize the markets, by adopting the protective measures against the spread of COVID-19, such as maintaining the social distance and wearing of gloves and masks, upon entering and within the agri-food markets.

The units that sell plant based products remain open during the state of emergency, with the observance of the measures for preventing the spread of COVID-19.

Duration Duration of the state of emergency.

29. Measures related to commercialization of petrol and diesel products

Enactment Government Emergency Ordinance no. 47/2020 establishing, during the state of emergency set by Decree no. 195/2020, of the conditions for the commercialization of petrol and diesel in the context of the economic crisis generated by the SARS-CoV-2 pandemic

Order no. 890/2020 of the Ministry of Economy, Energy and Business Environment approving the Procedure for the commercialization of petrol and diesel during the state of emergency set by Decree no. 195/2020 in Romania, in the context of the economic crisis generated by the SARS-CoV-2 pandemic

Subjects Fuel suppliers

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Content With the Ministry of Economy, Energy and Business Environment prior notification and approval, the fuel suppliers may market, to the final consumers, petrol and diesel that have a reduced biofuel content compared to the 2019’s values, provided that such reduced level is not imputable thereto.

The same applies in the case of the marketing of the petrol and diesel that do not contain biofuel, if the purchase of such is not available on the market.

The notification of the Ministry of Economy, Energy and Business Environment must be done in maximum 5 days from the date it is noticed the impossibility to comply with the level of biofuels set by the law and is accompanied by specific documentation.

Minister of Economy, Energy and Business Environment adopted the methodology for implementing the above measures that set the criteria and the conditions to market petrol and diesel with a reduced biofuel content compared to the 2019’s values.

Duration Duration of the state of emergency.


This is a derogation from the general rules set out for marketing petrol and diesel by means of the Government Emergency Ordinance no. 80/2018 for establishing the conditions for placing gas and diesel on the market, for introducing a mechanism for monitoring and reducing greenhouse gas emissions and for establishing methods for calculating and reporting the reduction of greenhouse gas emissions. Greenhouse, as well as for amending and supplementing Law no. 220/2008 for establishing the system for promoting the production of energy from renewable energy sources.

30. Purchasing of specific means of protection and intervention through the negotiated procedure without prior publication of a contract notice

Enactment Decree no. 240/2020 on the extension of the emergency state in Romania

Subjects Institutions from the defense system, public order and national security, producers and distributors of specific means of protection and intervention

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Content Institutions part of the defense, public order and national security system may purchase specific means of protection and intervention using the negotiation procedure without prior publication of a contract notice.

The maximum quantity of such means will be approved by a Supreme Council of National Defence decision.

The framework agreement may not be concluded for a period exceeding 3 months and the subsequent contracts will be concluded based on the framework agreements, until the maximum quantities are reached.

Duration During the state of emergency

IX. REQUISITION MEASURES

31. Possible requisition of goods, production capacities and stocks





Content Romania may proceed to requisition of goods, production and distribution capacities and stocks, protective equipment, disinfectants and medicines used in the treatment of COVID-19.



This will be implemented if and where needed. Additional documents will need to be issued by the relevant authorities in view of enforcing this measure.

To date there is no information as to such measures being taken.

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X. SHUT-DOWNS

32. Restoration and hotels

Enactment Military Ordinance no. 1/2020 on certain emergency measures regarding agglomerations of persons and cross-border movement of certain goods

Subjects Bars, pubs, restaurants, hotels, cafes


Content The activity of serving and consuming food and alcoholic and non-alcoholic beverages in restaurants, hotels, cafes or other public places, irrespective if inside or outside of the location, is suspended.



All activities such as "drive-in", "room-service" or delivery to the customer are permitted.

33. Recreation and personal care

Enactment Military Ordinance no. 1/2020 on certain emergency measures regarding persons’ agglomerations and cross-border movement of certain goods


Subjects Entities involved in cultural, scientific, artistic, sports, entertainment, gambling, spa treatment and personal care activities


Content All cultural, scientific, artistic, sport, entertainment, gambling, spa treatment and personal care activities, that are held in confined spaces are suspended.

It is forbidden to organize, in open spaces, rallies, demonstrations, processions or any other type of gatherings.


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34. Commercial centers


Subjects Commercial centers


Content Temporary suspension of the retail commercial activities within commercial centers, except for groceries, pharmacies, veterinary shops and cleaners.

By way of Military Ordinance no. 3/2020 on the measures for preventing the spreading of COVID-19, the temporary suspension will not be applicable:

• in cases where the electronic products and home appliances are delivered by the seller to the buyer;

• for the locations that sell medical optics products and services.

Duration Starting with March 22, 2020, 22.00, Romanian time, throughout the duration of the state of emergency.

XI. PHARMA AND HEALTHCARE

35. Potential requisition of products, raw materials and manufacturing facilities

Enactment Decree no. 195/2020 on the establishment of the emergency state in Romania

Decree no. 240/2020 on the extension of the state of emergency in Romania

Subjects Producers of medicinal products and medical devices


Content As mentioned at section IX above, Romanian public authorities may requisition production units of materials and equipment necessary for fighting the spread of COVID-19. Hence, the manufacturing sites of medicinal products and medical devices may potentially be considered by the authorities in this context.

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Duration Starting from March 16, 2020, for the duration of the state of emergency


In order to decrease the risks of assets being requisitioned, the producers may consider voluntary measures aimed at helping with the crisis (e.g. reconversion of certain production lines in view of delivering products sought after during this period).

36. Potential price capping for medicinal products and medical devices



Subjects Producers and distributors of medicinal products and medical devices


Content As mentioned in section VIII above, authorities may cap the prices of specific products, at the level of the average price registered during the last three months before the emergency state. The medicinal products and medical devices are included among such products.

Duration Starting on March 16, 2020 for the entire duration of the state of emergency.

37. Measures to increase supply and simplify reimbursement of medical services and medicinal products


Government Decision no. 252/2020 regarding the establishment of healthcare measures during the state of emergency


Subjects Healthcare services providers


Content The legal enactments regulating the provision of medical services and medicinal products within the social security system (namely the laws

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establishing national health programs and the Framework-agreement) were extended beyond March 31, 2020 for the entire duration of the emergency state with the view to implement the following principles:

• medical services for treatment of COVID-19 cases and complications are provided for all persons on the territory of Romania, the corresponding expenses being covered from the budget of the Sole National Health Insurances Fund (FNUASS);

• medical services and medicinal products may be granted and validated without signing in with the national health insurance card and without observing the maximum reporting term (i.e. three business days);

• in case of hospitals having concluded contracts with the health insurance houses, the services contracted and reimbursed from the budget of FNUASS or of the Ministry of Health will be reimbursed even if the contracted number of cases or the contracted level of activity is exceeded;

• medical services provided by primary healthcare units and specialized ambulatory will be reimbursed based on the current level of activity within the limits of 8 consultations/hour;

• general practitioners may prescribe medicinal products to patients with chronic conditions, including the restricted medicinal products on the List of reimbursable medicinal products.

During the emergency state, new healthcare programs for preventing and fighting COVID-19 may be introduced.

Additional measures have been implemented during the second period of the state of emergency, including:

• all actually performed dialysis services are reimbursed by the FNUASS, not exceeding the number of patients approved at national level;

• the private ambulance units will perform also other services, in addition to those contracted with the health insurance houses, all of which being fully reimbursed from the FNUASS budget.


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38. Purchasing of medicinal products at prices higher than the maximum approved ones

Enactment Decree no. 240/2020 on extension of the state of emergency in Romania

Subjects Healthcare services providers, producers or distributors of medicinal products


Content Healthcare units are allowed to procure medicinal products for the treatment of COVID-19 patients at prices exceeding the maximum prices approved by the Ministry of Health.

Duration Starting March 16, 2020, for the entire duration of the state of emergency.

39. Capping the clawback tax percentage



Subjects Producers of medicinal products


Content The value of the clawback tax percentage for the first quarter of 2020 is capped at the level applicable in the IVth quarter of 2019.

Duration Starting March 16, 2020, for the duration of the state of emergency.


This measure is intended to secure supply of medicinal products by increasing the budget for reimbursed products.

40. “Off-label” prescriptions of medicinal products


Decree no. 240/2020 on extension of the state of emergency in Romania

Subjects Healthcare services providers

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Content Prescriptions of “off-label” medicinal products for COVID-19 patients are permitted after these treatments are approved by the medicinal product policy committee within the respective healthcare unit.

Duration Starting March 16, 2020, for the duration of the state of emergency.


This measure derogates from Law no. 95/2006 on health reform.

41. Direct purchasing of materials and medicinal products


Decree no. 240/2020 on extension of the state of emergency in Romania

Subjects Healthcare services providers, producers and distributors of materials and medicinal products


Content The county public health authorities and the healthcare units may purchase materials and medicinal products necessary throughout the pandemic duration by direct procurement, with financing from the Ministry of Health budget.

Ministries with own healthcare system may also perform direct procurement for their own healthcare units from their own budgets, as well as from those of the healthcare units.

Prisons may also directly procure food, hygiene products and products and materials for fighting COVID-19 infections.



This measure is a derogation from the public procurement legislation. This provision may be subject to interpretations, as it refers to the pandemic as a time reference and not as an objective of the purchase.

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42. Transport of medical devices and sanitary products for COVID-19 infections

Enactment Military Ordinance no. 1/2020 on certain first-aid measures concerning crowds of persons and cross-border movement of goods


Subjects Producers and distributors of medical devices and sanitary materials


Content It is prohibited to transport medical devices and sanitary materials that ensure the prevention and treatment of COVID-19 associated diseases, as well as of the medicinal products included in the National Catalog of prices for the medicinal products approved for sale in Romania (Canamed), if the transport has as purpose the distribution of such products outside the Romanian territory.

Transportation of ensembles and sub-ensembles of medical devices which were manufactured in Romania for external beneficiaries is not subject to the restriction.

Other exceptions may be instituted by order of the Ministry of Health.

If the above prohibition is breached, the authorities may decide also the seizure of the respective medical devices/sanitary materials.

Duration Starting March 18, 2020, for the duration of the state of emergency


Although this measure appears to breach the free movement of goods and products within the European Union, the Treaty on the Functioning of the European Union expressly allows member states to take measures having an effect equivalent to quantitative restrictions when these are justified by general, non-economic consideration. The Court of Justice has expressly recognized that protection of public health stands as a valid justification for taking such restrictive measures.

Although the ordinance specifies that the measure will be enforced by the National Fiscal Administration Authority (ANAF), we believe that this is a clerical error and that the competent authorities are Romanian Border Police and the public health authorities (similar to other transportation related measures imposed by the ordinance) may be concerned.

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43. Restrictions to operate for dental practices

Enactment Military Ordinance no. 2/2020 on measures to prevent the spread of COVID-19

Subjects Dental practices


Content The activity of dental practices is temporary suspended, except for dental emergency interventions.


44. Restrictions to operate for most retailers in malls, except for pharmacies


Subjects Pharmacies


Content Unlike most retailers in shopping centres, the activity of which is suspended throughout the emergency state, the pharmacies remain unaffected by such restrictions to operate.

Duration Starting March 22, 2020, for the duration of the emergency state.

45. Approved treatment protocol for COVID-19

Enactment Order no. 487/2020 of the Minister of Health approving the treatment protocol for the infection with SARS-Cov-2

Ministry of Health Order no. 503/2020 amending the annex to the Ministry of Health Order no. 487/2020 approving the treatment protocol for the investion with SARS-Cov-2

Subjects Concerned healthcare providers

Content The enactment approves the Romanian treatment scheme and other recommendations concerning Covid-19 patients based on previous experience with SARS, MERS and available international evidence to date

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regarding SARS-Cov-2.

46. Temporary suspension of the distribution outside Romania of medicinal products, medical devices and sanitary materials

Enactment Ministry of Health Order no. 428/2020 for the approval of the List comprising medical devices and sanitary materials needed to ensure the prevention and treatment of the diseases associated with the SARS-COV-2 infection, whose distribution outside the territory of Romania is temporarily suspended, as well as of measures to ensure the medicinal products included in the National Price Catalogue of authorized medicinal products for marketing in Romania (Canamed)

Ministry of Health Order no. 492/2020 amending and supplementing the Ministry of Health Order no. 428/2020 for the approval of the List comprising medical devices and sanitary materials needed to ensure the prevention and treatment of the diseases associated with the SARS-COV-2 infection, whose distribution outside the territory of Romania is temporarily suspended, as well as of measures to ensure the medicinal products included in the National Price Catalogue of authorized medicinal products for marketing in Romania (Canamed)

Subjects Producers and distributors of medical devices and sanitary products


Content The distribution outside Romania of the medicinal products included in Canamed and of specific medical devices and sanitary materials (as mentioned in a list attached to the Order) is prohibited for a period of 6 months.

Several exemptions are provided from such restriction, namely:

(i) the medical devices and sanitary products manufactured in Romania for clients with whom the manufacturer has concluded manufacturing or lohn agreements;

(ii) the transportation of ensembles and sub-ensembles of medical equipment made in Romania;

(iii) the medicinal products manufactured by producers headquartered in Romania (including those manufactured under contract for external partners) and those transiting with other markets as final

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destination.

Duration March 12, 2020 – September 12, 2020

47. Temporary suspension of distribution outside Romania of biocidal products used in the treatment of SARS-COV-2 infections and of the raw materials thereof

Enactment Ministry of Health Order no. 499/2020 approving the temporary suspension of the distribution outside Romania of biocidal products used in ensuring the prevention of the afflictions associated to the SARS-COV-2 infection

Ministry of Health Order no. 568 amending and supplementing Ministry of Health Order no. 499/2020 approving the temporary suspension of the distribution outside Romania of biocidal products used in the prevention of the afflictions associated to the SARS-COV-2 infection

Subjects Producers and distributors of biocide products


Content The distribution outside Romania of the TP1 and TP2 biocide products and of the raw materials used in the manufacturing thereof, is suspended.

The following exceptions are provided:

• the delivery of raw materials manufactured in Romania to foreign partners based on ongoing sales contracts;

• the delivery of biocide products manufactured by Romanian producers or by EU producers headquartered in Romania, including those manufactured under contract; and

• the transit of raw materials and biocide products.

In such situations, specific documentation must be presented at the customs.

Duration Starting March 26, 2020, for the duration of the pandemic

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48. Extending the validity of the maximum prices and reference prices approved before March 29, 2017

Enactment Ministry of Health Order no. 522/2020 amending the Ministry of Health Order no. 368/2017 for the approval of the Norms regarding the calculation method and approval procedure of the maximum prices for medicinal products for human use

Subjects Producers and distributors of medicinal products


Content The order extends from April 1, 2020 until July 1, 2020 the validity of (i) the maximum prices of medicinal products for human use authorized for being placed on the market, included in Canamed and the public price catalogue, as well as of (ii) the reference price for generics/biosimilar/innovative medicines, which were approved before the enforcement of Order no. 368/2017.

Duration March 30, 2020 – July 1, 2020


This is one of several successive extensions approved by the Ministry of Health (as the initial term was September 1, 2017) and is meant to prevent the expiration of the maximum prices/reference prices approved before the enforcement of Order no. 368/2017 which would have occurred on April 1, 2020 due to the absence of any annual correction of such prices by the Ministry of Health up to this date.

49. Increase of COVID-19 diagnose testing capacity

Enactment Order no. 534/2020 of the Ministry of Health for supplementing the Norms regarding the functioning of medical analysis laboratories, approved by Order of the Minister of Health no. 1301/2007

Subjects Medical analysis laboratories outside the public healthcare system


Content During the pandemic, medical analysis laboratories, other than those in the healthcare system, which will offer testing for COVID-19 infections, will be granted functioning authorization by the county public health authorities based on an affidavit. During the seven days following the authorization issuance date, health inspectors will conduct inspections for checking the

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conformity with the affidavit.

Duration Starting March 30, 2020, for the duration of the pandemic


This is an exceptional and temporary measure implemented throughout the pandemic duration only and it is meant to increase Romania’s capacity of testing COVID-19 infections in the context of rapidly growing number of affected patients.

50. Accommodation to healthcare professionals between shifts


Military Ordinance no. 8/2020 on measures to prevent the spread of COVID-19

Subjects Healthcare professionals


Content The ministries that have their own healthcare network and the public administration authorities coordinating healthcare units will provide, on request, accommodation to healthcare professionals from public system for the period between shifts, three meals per day and water.

Duration Starting March 31, 2020 for the duration of the state of emergency


This measure is meant to prevent the spread of the virus among healthcare professionals and their families.

51. Approving entities for materials and medical devices necessary for fighting the COVID-19 virus

Enactment Military Ordinance no. 4 on measures to prevent the spread of COVID-19

Subjects Producers and distributors of medicinal products and medical devices

Type Restrictive measure

Content During the emergency state, the biocides, as well as the materials, components, equipment and medical devices necessary for preventing and fighting the spread of SARS-CoV-2 virus and for the treatment of the

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corresponding infections are subject to the approval of the following institutions: Centre for medical-military scientific research, the Centre for scientific research for CBRN2 defense and ecology, the Research Agency for Military Technique and Technologies and the National Institute for Medical-Military Research-Development "Cantacuzino".

Duration Starting March 29, 2020for the duration of the state of emergency.


This legislative intervention is meant to ensure that these products fulfil the necessary quality criteria before being made available on the market.

52. Measures for preparing hospitals for the COVID-19 pandemic

Enactment Ministry of Health Order no. 555/2020 approving the Measures Plan for the preparation of hospitals in the context of the COVID-19 coronavirus epidemic, of the List of hospitals that provide medical assistance to patients tested positive for the SARS-CoV-2 virus in phase I and in phase II and II and of the List of support hospitals for patients tested positive or suspected of SARS-CoV-2 virus

Ministry of Health Order no. 623/2020 amending and supplementing Order no. 555/2020 approving the Measures Plan for the preparation of hospitals in the context of the COVID-19 coronavirus epidemic, of the List of hospitals that provide medical assistance to patients tested positive for the SARS-CoV-2 virus in phase I and in phase II and II and of the List of support hospitals for patients tested positive or suspected of SARS-CoV-2 virus

Subjects Healthcare service providers


Content The Order approves

• the measures plan for the preparation of hospitals in the context of the COVID-19 pandemic;

• the list of hospitals that provide medical assistance to patients tested positive for COVID-19 in phase I and II; and

• the list of support hospitals for patients tested positive or suspected with

2 Chemical, biological, radiological and nuclear.

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SARS-CoV-2 virus.

Among the measures included in the new plan, we deem relevant to mention the following:

• limiting planned and ambulatory admissions;

• establishing a support network for the infectious disease hospital, in order to increase the capacity thereof for treating COVID-19 infected patients;

• preparing hospitals for assisting critical patients;

• introducing rules on using the individual protection equipment and ensuring the corresponding training of the medical staff;

• ensuring the necessary number of medical staff;

• introducing preventive measures for the medical staff, including medical examination of those exposed to COVID-19 patients.

Duration Starting April 7, 2020, for the duration of the pandemic


The Order repeals the recent Order no. 533/2020 having been adopted for the same purpose.

53. Import taxes on medical equipment and medicinal products for fighting COVID-19 infections will not be paid at customs

Enactment Government Emergency Ordinance no. 33/2020 regarding some fiscal measures and amending some normative acts

Subjects Distributors of medical devices registered for value added tax (”VAT”) purposes, under the standard VAT regime


Content Importers of specific medical devices (i.e. kits for COVID-19 testing and equipment used for diagnostic testing, protection clothing and other similar products, thermometers, disinfectants, sterilizing products, other medical devices, medical consumables) and medicinal products (paracetamol, hydroxychloroquine, lopinavir/ritonavir, remdesivir, tocilizumab) will be exempted from VAT payment for the imports made during the emergency

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state and 30 days after its cessation.

Duration March 31, 2020 – May 16, 2020


VAT will be paid for the subsequent sale of such products.

54. Extension of the term of the health service packages and Frame-agreement for the years 2018-2019 and of the national health programs for the year 2017-2018

Enactment Government Decision no. 252/2020 regarding the establishment of measures on healthcare during the state of emergency

Order of the National Health Insurance House no. 438/2020 regarding the amendment and supplementing of the Order of the president of the National Health Insurance House no. 245/2017 for the approval of the Technical Norms for the realization of the national curative health programs for the years 2017 and 2018, the prolongation of the application of its provisions and the extension of a term

Ministry of Health Order 540/2020 amending and supplementing the Technical Norms for the realization of the national programs of public health for the years 2017 and 2018, approved by Minister of Health Order no. 377/2017

Subjects Healthcare service providers, producers and distributors of medicinal products and medical devices


Content The validity of the following documents is extended until the end of the emergency state:

• the healthcare service packages and framework agreement for providing medical assistance, medicinal products and medical devices within the social security system for the years 2018-2019 (“Frame Agreement”) (approved by Government Decision no. 140/2018), including the technical norms thereof;

• the national healthcare programs for 2017 and 2018 (approved by Government Decision no. 155/2017), including the technical norms thereof.

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The measure keeps the status quo regarding healthcare services for the duration of the emergency state.

55. Extension of specific deadlines set out in the Frame Agreement


Ministry of Health Order no. 539/2020 for extending the application of the provisions of the Order of the Minister of Health and of the President of the National Health Insurance House no. 397/836/2018 regarding the approval of the Methodological Norms for the application in 2018 of the Government Decision no. 140/2018 for the approval of the services packages and the Framework Agreement that regulates the conditions of the provision of medical assistance, medicinal products and medical devices within the health insurance system for the years 2018-2019, for the extension of terms and for establishing measures in the field of health during the establishment of the state of emergency in the territory of Romania



Content These legal enactments extend until the cessation of the emergency state the deadlines (which were to expire on March 31, 2020) for the fulfilment of various obligations or for the exercise of certain rights set out by the Frame Agreement, such as:

• observing by the healthcare providers of the warnings issued by the IT System of the Electronic Prescription and prescription related information available on the website of the National Health Insurance House;

• the obligation of the healthcare service provider to conduct paraclinical investigations only based on the referral (Romanian “bilet de trimitere”) issued by the physician who has contractual relations with the same health insurance house and the reimbursement by the health insurance houses of the paraclinical services complying with these conditions;

• the right of the pharmacy chains having individual pharmacies on the

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territory of different counties to conclude a single contract with the health insurance house from the county in which the statutory seat is located;

• the obligation of the pharmacies to release medicinal products to patients only on the basis of the medical prescriptions issued by the physician who is in contractual relationship with the same health insurance house;

• the obligation of the Health Insurance House of Defense, Public Order, National Security and Judicial Authority to conclude contracts with at least one pharmacy in the localities where it has ongoing contracts with medical services providers.


56. Regulations regarding the activity of family physicians



Subjects Healthcare service providers and patients


Content During the emergency state, family physicians are granted the following extended rights in relation to the chronic illness patients:

• to continue to prescribe medication for chronic illness patients with an established treatment scheme without the need for a re-evaluation of a specialist/renewal of the initial medical letter;

• to initiate treatment, even in the absence of a medical letter from the specialist from ambulatory/hospital, for the medicinal products marked with * in the list of reimbursed medicinal products approved by

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Government Decision no. 720/2008;

• to continue issuing prescriptions to chronic illness patients with an established treatment scheme even for some medicinal products that were only prescribed by specialists.

Duration Starting March 31, 2020for the duration of the state of emergency


The measure aims to simplify the prescription by the general practitioners by removing the specialists’ involvement.

57. Extension of the term of some medical documents





Content The validity of the following medical documents is extended with 90 days, irrespective of whether such lose validity or are issued during the emergency state:

• referrals for further clinical and paraclinical investigations (Romanian „bilet de trimitere”);

• approval decisions of the National Health Insurance House for PET-CT investigations;

• medical recommendations for medical devices, technologies, and assistive devices;

• approval decisions for procuring medical devices, technologies and assistive devices – exceptionally, those approval decisions which had a validity term of 12 months are only extended if (i) they expire during the

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emergency state or if (ii) they are valid for three more months from declaring the emergency state.



The measure aims to avoid the specialists’ interventions.

58. Supplementary funds for some healthcare service providers


Ministry of Health Order no. 539/2020 for extending the application of the provisions of the Order of the Minister of Health and of the President of the National Health Insurance House no. 397/836/2018 regarding the approval of the Methodological Norms for the application in 2018 of the Government Decision no. 140/2018 for the approval of the services packages and the Framework Contract that regulates the conditions of the provision of medical assistance, medicinal products and medical devices within the health insurance system for the years 2018-2019



Content During the emergency state, hospitals treating COVID-19 infected patients may receive additional funds from the National Health Insurance House for covering the services rendered. Medical services provided by hospitals treating COVID-19 patients or by wards for acute illnesses of other hospitals will be reimbursed based either on the contract value or on the current level of activity, if higher.

Hospitals treating chronic illnesses will be paid according to the contract value, no matter the number of cases. The same applies to sanatoriums or sanatorium wards.

The amounts available to ambulatory paraclinical services providers who provide COVID-19 monitoring of patients after having exited the hospital may be supplemented during the emergency state.

Specialized units that provide home consultations and un-assisted

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transportation will be paid according to the actual services rendered.

The above-mentioned measures apply to healthcare service providers who have in place contracts with the insurance houses.



This measure is meant to prevent any financial blockages of the hospitals involved in COVID-19 treatment.

59. Telemedicine


Ministry of Health Order no. 539/2020 for extending the application of the provisions of the Order of the Minister of Health and of the President of the National Health Insurance House no. 397/836/2018 regarding the approval of the Methodological Norms for the application in 2018 of the Government Decision no. 140/2018 for the approval of the services packages and the Framework Contract that regulates the conditions of the provision of medical assistance, medicinal products and medical devices within the health insurance system for the years 2018-2019, for the extension of terms and for establishing measures in the field of health during the establishment of the state of emergency in the territory of Romania


Subjects Healthcare service providers, pharmacies


Content During the emergency state, telemedicine is allowed for the medical consultations included in the basic healthcare package and in the minimal service package, respectively, within the maximum limit of 8 consultations/hour. Starting with April 14, medical consultations in primary medical care and clinical specialty ambulatory may be performed by using telecommunication means.

COVID-19 infected persons or presumed to be infected may access physicians remotely, irrespective of whether they are insured or not.

Pharmacies will have to receive from patients printed copies of receipts

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issued by physicians following remote consultations or digital copies of such.



This measure is meant to increase access to healthcare services in times of decreased patients’ mobility.

60. Simplified registration of specific medical devices

Enactment Ministry of Health Order no. 537/2020 for the amendment of the Order of the Minister of Health no. 1009/2016 regarding the registration of medical devices in the national database


Subjects Producers and distributors of medical devices


Content During the emergency state the following categories of medical devices do not need national database registration:

• class I medical devices, including sterile and / or measuring devices;

• bespoke manufactured medical devices and active bespoke manufactured implantable medical devices;

• systems and packages of procedures;

• medical devices for in vitro diagnosis.

Such medical devices may be introduced on the Romanian market solely based on declaration of conformity.

For specific medical devices, a new approval decision and new corresponding coupons will be issued (i.e. stoma prothesis devices, urinary

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incontinence, wheeling chairs, non-invasive oxygen therapy and ventilation.)

Duration Starting April 1, 2020, for the duration of the state of emergency


This measure supports the rapid deployment of medical devices used to fight the COVID-19 crisis.

61. Extension of sponsorship declarations and publicity terms for medicinal products

Enactment Ministry of Health Order no. 538/2020 for the amendment of some orders of the Minister of Health that include provisions on sponsorship activities in the domain of human use medicinal products, medical devices and sanitary materials

Subjects Producers and distributors of medicinal products


Content In the year 2020, the deadline for filing with the National Agency for Medicines and Medical Devices of Romania (ANMDMR) the sponsorship activities declarations was extended from March 31 to June 30 (the regular deadline being March 31), while the publishing thereof on the relevant websites (that of ANMDMR and of the sponsoring entity) must be done until September 30, 2020.

Also, the deadline for filing with the Ministry of Health of the sponsorship activities declarations is extended from March 31 to July 31 and the publishing thereof on the relevant websites(that of the Ministry of Health and of the sponsoring entity) must be done by October 31, 2020.



This measure is meant to ease the reporting process related to sponsorship during the emergency state.

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62. New prescription rules applicable throughout the state of emergency

Enactment Ministry of Health Order no. 539/2020 for extending the application of the provisions of the Order of the Minister of Health and of the President of the National Health Insurance House no. 397/836/2018 regarding the approval of the Methodological Norms for the application in 2018 of the Government Decision no. 140/2018 for the approval of the services packages and the Framework Contract that regulates the conditions of the provision of medical assistance, medicinal products and medical devices within the health insurance system for the years 2018-2019 for extending several terms and for taking health measures throughout the emergency state in Romania


Subjects Physicians and patients

Type Regulatory measure

Content The orders set out new prescribing rules applicable for the duration of the state of emergency in the following cases:

• for medicinal products without interferon object of cost-volume-result contracts;

• for patients with chronic illnesses treated with medicinal products noted with (**), (** 1) and (** 1 Omega) in the list of reimbursable medicinal products;

• for online and offline prescriptions issued following remote consultations by family physicians or specialists in ambulatory.



This measure is meant to remove the need for patients to access the infections disease specialists, as they are currently overburdened in treating COVID-19 patients.

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63. Digital signature on healthcare related contracts

Enactment Ministry of Health Order no. 537/2020 for the amendment of the Order of the Minister of Health no. 1009/2016 regarding the registration of medical devices in the national database


Subjects Healthcare service providers, producers and distributors of medicinal products, medical devices


Content The contracts / addenda to the contracts for the provision of medical services, medicinal products with or without personal contribution in the ambulatory treatment, medical devices, technologies and assistive devices may be signed by both the legal representative of the provider and by the health insurance house, by extended electronic signature.



This measure aims at simplifying the contracting process.

64. Release of medicinal products to persons other than patients

Enactment Order of the National Health Insurance House no. 438/2020 regarding the amendment and supplementing of the Order of the president of the National Health Insurance House no. 245/2017 for the approval of the Technical Norms for the realization of the national curative health programs for the years 2017 and 2018, the prolongation of the application of its provisions and the extension of a term

Subjects Pharmacies, medical services providers

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Content Oral formulations of pharmaceutical products, as well as subcutaneous / intramuscular administration forms of the specific drugs used in the national curative health programs (including sanitary materials used in national diabetes health program and the national program for rare diseases - bullous epidermolysis) - with the exception of the National Mental Health Program - which are issued exclusively through the closed-circuit pharmacies of the medical units - can also be issued to a representative of the patient, following the patient's evaluation by the hospital's specialists by any means of communication.



This measure is meant to facilitate access of patients to prescribed medications in times of reduced mobility due to emergency state.

65. Facilitating enrolment of new patients in national healthcare curative programs otherwise managed by COVID-19 dedicated hospitals

Enactment Order of the National Health Insurance House no. 438/2020 regarding the amendment and supplementing of the Order of the president of the National Health Insurance House no. 245/2017 for the approval of the Technical Norms for the realization of the national curative health programs for the years 2017 and 2018, the prolongation of the application of its provisions and the extension of a term

Subjects Medical services providers


Content The specialized healthcare units that enroll patients from the national curative health programs carried out through hospitals that are currently treating COVID-19 patients can carry out the national curative health programs during the emergency period, without being required to nominate them in the technical norms for the realization of the national health programs.

Such units will conclude contracts with the health insurance houses for implementing these programs, upon their request, based on the transfer of the patients, without the need to elaborate the otherwise required evaluation questionnaires.

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These units will receive the corresponding quantities of medicinal products in accordance with the number of transferred patients. Upon the end of the emergency state, the specialized units will transfer back the patients and the remaining medicinal products.



This measure is meant to facilitate the enrolment of newly diagnosed patients into the curative programs that are normally managed only by the hospitals that are currently dedicated to COVID-19 patients.

66. Increased financing of national healthcare programs

Enactment Ministry of Health Order no. 540/2020 amending and supplementing the Technical Norms for the implementation of the national programs of public health for the years 2017 and 2018, approved by Minister of Health Order no. 377/2017

Ministry of Health Order no. 554/2020 amending and supplementing the Technical Norms for the realization of the national programs of public health for the years 2017 and 2018, approved by Minister of Health Order no. 377/2017

Ministry of Health Order no. 578/2020 amending and supplementing the Technical Norms for the implementation of the national programs of public health for the years 2017 and 2018, approved by Minister of Health Order no. 377/2017

Ministry of Health Order no. 614/2020 amending and supplementing the Technical Norms for the implementation of the national public health programs for the years 2017 and 2018, approved by the Ministry of Health Order no. 377/2017



Content The activities implemented by hospitals in the national public health programs during the entire duration of the state of emergency are financed from the Ministry of Health’s budget, at the level of the expenses actually incurred.

For the healthcare units that provide specialized medical services,

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paraclinical investigations, medicinal products within the national public health programs, during the state of emergency, the amounts employed will not be limited to those approved for the first quarter of 2020, the financing being done at the level of expenses actually incurred (submission of supporting documents being required).

For the values exceeding contractual costs, addenda to the contracts will be concluded.

In order to obtain financing for RT-PCR laboratory testing for COVID-19 suspects, the specialized healthcare units will submit to the relevant authorities’ requests accompanied by justifying documentation.

The approved budget for the national healthcare programs for 2020 is amended.



These Orders further expand the measures approved by Government Decision no. 252/2020 regarding the establishment of healthcare measures during the state of emergency and envisage ensuring the necessary funds for medical services during the emergency state.

67. New private healthcare service providers contracted for performing COVID-19 RT-PCR testing

Enactment Ministry of Health Order no. 554/2020 amending and supplementing the Technical Norms for the implementation of the national programs of public health for the years 2017 and 2018, approved by Minister of Health Order no. 377/2017



Content Gral Medical - S.R.L., Medlife S.A., Imunomedica Provita - S.R.L. and Prodia S.R.L. were added on the list of specialized units contracted for performing RT-PCR testing for 2019-nCOV virus identification.

The specialized healthcare units performing such RT-PCR testing have the obligation to ensure the processing of the blood samples collected by the specialized personnel of the public health departments, county and Bucharest-Ilfov ambulance services and of the healthcare units, based on the

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territorial responsibility established by the National Institute of Public Health.

Duration April 3, 2020 – N/A


The measure increases the COVID-19 testing capacity of the healthcare system.

68. Extension of reporting terms for hospitals

Enactment National Health Insurance House Order no. 444/2020 amending and supplementing the provisions of the National Health Insurance House Order no. 840/2018 approving the confirmatory rules from the perspective of the clinical and medical data at the patient level for the cases hospitalized under continuous and day hospitalization, as well as the methodology for evaluating the unconfirmed cases from the perspective of the clinical and medical data for which reconfirmation is requested

Subjects Healthcare services providers (hospitals)


Content The Order amends specific reporting deadlines of the hospitals for March 2020 (with respect to patients discharged, unconfirmed cases for which reconfirmation is required and unreported cases).


69. Emergency authorization procedure for new medicinal products against COVID-19

Enactment Ministry of Health Order no. 561/2020 amending and supplementing the annex to Minister of Health Order no. 85/2013 approving the application norms for art. 703 para. (1) and (2) of Law no. 95/2006 on healthcare reform, regarding the medicinal products used for special needs

Subjects Producers and distributors of medicinal products, healthcare services providers


Content Upon the initiative of the Ministry of Health, ANMDMR may issue the authorization for the supply of special needs medicinal products with respect to the drugs provided in the Protocol for the treatment of infection with the

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SARS-Cov-2 virus (approved by Ministry of Health). Such authorization is issued within 72 hours as of Ministry of Health’s request.

The authorization thus issued is valid until the exhaustion of the stock of medicinal products for which it was issued, without exceeding its expiration date.

Duration Starting April 6, 2020, for the duration of the pandemic


The measure is meant to facilitate the access of the patients to new treatments discovered for fighting against COVID-19

70. Risk stimulus for medical staff involved in COVID-19

Enactment Government Emergency Ordinance no. 43/2020 approving support measures settled by European funds, as a result of spread of the COVID-19 coronavirus, during the emergency state

Subjects Medical staff and employers


Content Doctors, medical staff, paramedical staff, including auxiliary staff, directly involved in the transport, equipping, examination, diagnosis and treatment of patients infected with COVID-19 will receive a monthly risk stimulus of RON 2,500 gross, payable from the salary fund of the employer unit, through transfers from the budget of the National Health Fund or the state budget (as the case).


71. Emergency endorsement procedure for medical devices

Enactment Ministry of Health Order no. 566/2020 approving the Methodological Norms for the application of Title XX of Law no. 95/2006 regarding the health reform, regarding the endorsement of medical devices related activities

Subjects Producers and distributors of medical devices


Content In cases of state of emergency decreed by the President, ANMDMR issues

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temporary endorsements in order to ensure availability of the medical devices which are strictly necessary for the respective emergency situation. The endorsement is issued based on a simplified and urgent procedure (finalized in 7 days).

The validity of the endorsement is limited to 6 months. Before the expiration of such term, the applicant must submit all the remaining documentation required in the regular endorsement process.



In addition to the above measure limited to the emergency state, the Order introduces also new rules regarding the medical devices related activities, as it repeals the former Order no. 1008/2016 approving the Methodological Norms for the application of Title XX of Law no. 95/2006 regarding the reform in the field of health, regarding the approval of medical devices related activities.

72. Increased reserve of medical equipment

Enactment Ministry of Health Order no. 589/2020 amending and supplementing annex no. 2 to the Minister of Health Order no. 1.033 / 2011 approving the methodological norms for setting up, maintaining and using the Ministry of Health Reserve and the Nomenclature of medicinal products, serums, vaccines, disinfectants, insecticides, medical devices and other specific materials

Subjects Healthcare services providers, producers and distributors of medicinal products, medical devices and equipment


Content The reserve of the Ministry of Health is intended to provide medical interventions in cases of unusual accumulation of cases and collective emergency situations impacting on public health. The reserve includes medicines, serums, vaccines, disinfectants, insecticides, medical devices and other specific materials.

The Order no. 589/2020 adds new items on the reserve list and significantly supplements the quantities for some of the existing items.


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73. Temporary amendment of rules regarding donations to healthcare units

Enactment Ministry of Health Order no. 615/2020 amending and supplementing Ministry of Health Order no. 1032/2011 approving the Norms regarding donations of medicinal products, sanitary materials, medical devices, vaccines, serums and related consumables


Subjects Producers and distributors of medical equipment


Content During the pandemic the following donations are also accepted:

• donations of medicinal products that are used in the treatment of SARS-CoV-2 infections approved for marketing only in states outside the European Economic Area;

• donations of medical devices necessary for preventing and fighting the spread of and for treating the SARS-CoV-2 infections endorsed/approved by the entities referred under section XI.51 hereof.

During the state of emergency, the healthcare units, social assistance and medical-social assistance units, as well as public institutions and authorities may receive the following donations in the form of gifts (Romanian “dar manual”):

• medicinal products, sanitary materials, medical devices, vaccines, serums, reagents and related consumables, with the endorsement of ANMDM, regardless of their value;

• disinfectants and protection equipment during the state of emergency, without the need of a prior ANMDM endorsement.

Duration Starting April 14, 2020, for the duration of the pandemic, respectively for the duration of the state of emergency.


This measure derogates from the general rules applicable to donations of medicinal products and medical devices according to which such donations are limited to (i) the medicinal products approved for marketing in the European Economic Area or in the United States of America and (ii) medical devices approved by ANMDMR.

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74. Potential limitation of treatment by public hospitals to urgent cases

Enactment Decree no. 240/2020 on extension of the state of emergency in Romania



Content During the state of emergency, the Ministry of Internal Affairs may adopt measures for limiting the treatment by public hospitals to urgent cases only. Such measures may be adopted based on the evaluation of National Committee for Special Emergency Situations (specific criteria being imposed in this respect) and with the approval of the prime minister.

Urgent cases are split into three categories: (i) type I emergencies – patients who may lose their life in 24 hours; (ii) type II emergencies – patients who once diagnosed may not be released without being treated and (iii) type III emergencies – patients infected with SARS-CoV-2 virus.



Such measure may be enforced only based on an order duly issued by the Ministry of Internal Affairs and published on the Official Gazette.

75. Inclusion in Canamed of new medicinal products for COVID-19 treatment

Enactment Ministry of Health Order no. 630/2020 amending the annex no. 1 to the Minister of Health Order no. 1468/2018 approving the maximum prices of medicinal products for human use, valid in Romania, that can be used / marketed by medicinal products marketing authorization holders or their representatives, wholesale distributors and providers of medical services and medicinal products, for those medicinal products which are subject of a contractual relationship with the Ministry of Health, the health insurance houses and / or the county public health directorates and the public health directorates of the municipality of Bucharest, included in the National Catalogue prices for the medicinal products approved for sale in Romania, for generic reference prices and innovative reference prices

Subjects Providers and distributors of medicinal products


Content The medicinal products lopinavir and ritonavir tablets USP 200mg/50 mg

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marketed by C.N. Unifarm are included in Canamed.

Duration Starting from April 16, 2020


These products were recently included among the medicinal products temporarily exempted from VAT payment for imports, as detailed under section XI.53 hereof.

76. Procedure for collecting plasma from cured COVID patients

Enactment Ministry of Health Order no. 654/2020 approving the Methodology for the collection, testing, processing, storage and distribution of plasma from the donor cured by COVID-19 and the monitored use for critically ill patients with COVID-19 in ICU



Content The Order regulates a methodology of transfer of plasma from potential donors who will be selected among patients who have been hospitalized for COVID-19, confirmed by positive RT-PCR testing, cured and discharged after negative RT-PCR testing.

COVID-19 convalescent plasma donation is voluntary and unpaid. Blood transfusion centers will conclude collaboration protocols with hospitals treating COVID-19 patients in order to identify cured patients, potential donors, in compliance with national and EU rules on personal data protection, by signing the patient's informed consent.

The methodology includes rules on (i) the donor’s eligibility, (ii) collection, processing and storing of plasma, (iii) testing of the donor’s plasma, (iv) distribution of donor plasma and (v) using the donor’s plasma to critical COVID-19 patients in intensive care units.


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XII. EMPLOYMENT

77. State subsidized leave for parents with children in school

Enactment Law no. 19/2020 on granting days off to parents to watch over their children in case of temporary closing of educational establishments (“Law no. 19/2020”)

Government Decision no. 217/2020 on the application of the provisions of Law no. 19/2020 on granting days off to parents to watch over their children in case of temporary closing of educational establishments

Emergency Government Ordinance no. 30/2020 on the amendment and completion of a series of normative acts and establishing certain measures in the field of social protection in the context of the current epidemic situation determined by the spreading of the SARS-CoV-2 coronavirus

Emergency Government Ordinance no. 41/2020 on the amendment and completion of Law no. 19/2020

Decree no. 240/2020 on the prolongation of the state of emergency on the territory of Romania.

Subjects The employers and their relevant employees who meet the following criteria:

(i) they have children up to 12 years of age enrolled in an education institution (in case of children with disabilities, the age limit is extended to 18);

(ii) the relevant job does not enable the parent to work from home.

This law is also applicable to the legal representative of a child or to the person designated by law to exercise the relevant parental rights and obligations.

This law will not be applicable to the parents that have their employment contract suspended due to the reduced / interrupted activity of the company.


Content Law no. 19/2020 enables one parent/sole parent to request and receive personal days in order to supervise their children during the suspension of school activity.

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The number of personal days is all the working days until the declared state of emergency is over, including those falling within the period of school holidays.

The daily salary to be paid to parents benefiting from this law amounts to 75 per cent of their corresponding salary per 1 day of work, within the limits of the daily correspondent of 75 per cent of the gross medium salary used for the purpose of the state social insurance budget.

The salary for personal days is to be paid from the employers’ personnel expenses budget and to be recovered from the Romanian State.

Duration During the current state of emergency as of March 16, 2020 and until May 14, 2020.

78. Work from home / telework during the state of emergency



Subjects All employees working for private legal entities/public institutions


Content The employers will introduce, where possible, measures to enable employees to work from home or will implement telework during the state of emergency. Such measure may be taken by the employer’s decision, no addendum to the employment agreement being required.



Compliance with health & safety regulations must still be ensured in case of work from home and teleworking, there being no derogation for the same.

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79. Labour inspections during COVID-19



Subjects Directly targeted: labour inspectorates

Indirectly targeted: employers


Content Inspections within the premises of the employers by the territorial labour inspectorates are suspended.

Nonetheless, the following inspections are not suspended:

(i) those ordered by the minister of labour and social protection or

(ii) those ordered by the Labour Inspectorate in relation with the implementation of the decisions of the National Committee for Special Emergency Situations and of the military ordinances in force; and

(iii) those necessary to investigate complaints about deeds that have a high degree of social danger and (iv) for the investigation of work accidents.



It follows from the above that work accidents will still be investigated, even if occurred at the employee’s home.

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80. Validity of the collective labour agreements during COVID-19


Decree no. 240/2020 on the prolongation of the state of emergency on the territory of Romania

Subjects Employers and employees


Content All collective labour agreements will maintain their validity during the state of emergency.


81. Incentives granted by the state during the temporary reduction / interruption of activity

Enactment Emergency Government Ordinance no. 30/2020 on the amendment and completion of several enactments and establishing certain measures in the field of social protection in the context of the current epidemic situation determined by the spreading of the SARS-CoV-2 coronavirus

Emergency Government Ordinance no. 33/2020 on the amendment and completion of the Emergency Government Ordinance no. 30/2020 on the amendment and completion of several enactments and establishing certain measures in the field of social protection in the context of the current epidemic situation determined by the spreading of the SARS-CoV-2 coronavirus

Emergency Government Ordinance no. 53/2020 on the amendment and completion of several enactments regarding social protection measures determined by the spread of the SARS-CoV-2 coronavirus

Subjects The businesses entitled to this incentive are the ones which reduce or interrupt their activity due to the effects of the COVID-19 pandemic.


Content During the current state of emergency, the companies who reduce / interrupt their activity due to the COVID-19 crisis will be entitled to receive from the

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Romanian state an indemnity equal to 75 per cent of the base salary of the affected employees but no more than 75 per cent of the gross medium salary for 2020.

The employer is obliged to pay the indemnity to the employee within maximum 3 working days as of receiving the corresponding amount from the Romanian state.

In case the employer’s budget allotted to personnel expenses allows so, the indemnity which is reimbursed by the state can be supplemented with the difference up to 75 per cent of the base salary provided under the Labor Code for technical unemployment.

The indemnity paid to the employee cannot be subject to any garnishment (forced execution procedure) during the time it is granted. Such interdiction measure ceases within 60 days as of the termination of the state of emergency.


82. Employee ID or employment certificate


Decree no. 240/2020 on the prolongation of the state of emergency on the territory of Romania



Content During the current state of emergency, the employees need to hold their employee ID or an employment certificate issued by the employer at all times in order to travel to the place(s) where they usually perform their activity.

Duration Starting with March 25, 2020 and until the state of emergency is over.

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83. Preventive isolation


Subjects Employees working in essential jobs that ensure the functioning of the production, transmission and distribution of electricity and natural gas, the maintenance of the specific equipment and installations, as well as the other activities of supply, respectively extraction, production and processing of resources and raw materials and / or semi processed energy required for the proper functioning of the National Energy System (“Targeted Employees”)


Content The employers will introduce preventive isolation measures for the Targeted Employees, in the workplace or in special dedicated areas wherein no outside persons have access.

Duration Starting with March 31, 2020 and until the state of emergency is over.

84. Medical leave certificate

Enactment Order no. 502/2020 for the modification and completion of the Norms for the application of the provisions of the Government Emergency Ordinance no. 158/2005 regarding the leaves of absence and the social health insurance allowances, approved by the Orders of the Minister of Health and of the president of the National Health Insurance House no. 15/2018 and no. 1311/2017

Order no. 442/2020 regarding the completion of the Methodological Norms for establishing the supporting documents regarding the attainment of the quality of insured person, approved by the Order of the president of the National House of Health Insurance no. 1549/2018

Government Emergency Ordinance no. 49/2020 for amending and supplementing the Government Emergency Ordinance no. 158/2005 on leave and social health insurance benefits, as well as for the regulation of some social protection measures

Subjects Employees, natural persons benefitting from unemployment indemnity and other insured natural persons

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Content For the persons placed in quarantine as a measure for preventing the spread of COVID-19, the family doctor will issue a medical leave certificate, encompassing the entire quarantine period.

Persons suffering from COVID-19 will benefit from medical leave certificates for (i) the hospitalization period, (ii) the period in which they will be home-treated, as well as (iii) no more than 14 days after they were declared cured, provided that their work capacity is still restrained.

Medical leave certificates issued during the state of emergency can be transmitted by electronic means of remote transmission, both (i) by the treating doctor to the insured person, and (ii) by the insured person to the social health insurance indemnity payer (i.e. the employer, the corresponding health insurance house or the unemployment body, as the case may be).

For certain cases, including COVID-19 quarantine and remote medical examination granted during the state of emergency, the medical leave certificates can be issued within 30 days from the termination of the state of emergency.

All certificates needed for attesting that an individual is benefitting from the social health insurance may be communicated by electronic means during the state of emergency.

It is noteworthy that indemnities related to medical leave granted during the state of emergency may be requested from the relevant Romanian authorities within 180 days as of the termination date of the state of emergency.

Duration Starting from March 27, 2020 and until the state of emergency is over.

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85. Additional measures related to the state of emergency situation

Enactment Decree no. 240/2020 on the prolongation of the state of emergency on the territory of Romania

Military Ordinance no. 8/2020 on measures for preventing the spread of COVID-19



Content During the state of emergency, it is prohibited to cease or suspend the activity of social services such as residential care and assistance centres for the elderly, residential centres for children and adults, as well as for other vulnerable categories of people.

In addition, during the state of emergency, it is forbidden to declare, initiate or carry out collective labour conflicts within the following units:

(i) units which are part of the national energy system;

(ii) operating units of the nuclear sectors and continuous fire units;

(iii) health and social assistance units;

(iv) telecommunications, radio and public television units;

(v) railway units;

(vi) units providing public transportation;

(vii) units providing the sanitation of localities;

(viii) units which supply gas, electricity, heat and water to the population.

Another noteworthy provision is related to the prior notice terms in case of resignation of the personnel working in health units, social assistance, medical-social assistance and institutions in the field defence, public order and national security. In this regard, the prior notice terms provided by the Labour Code do not start to elapse or, if ongoing, are suspended for the entire duration of the state of emergency. In addition, for the above categories, the provisions regarding resignation without prior notice are not applicable for the entire duration of the state of emergency.

Duration For the entire duration of the state of emergency.

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XIII. TAX MEASURES

86. Extension of legal deadlines for the payment of taxes on assets

Enactment Government Emergency Ordinance no. 29/2020 regarding certain economic, fiscal and budgetary measures

Subjects Natural and legal persons


Content The legal deadline for the payment of the first instalment of the yearly tax on buildings, land and motor vehicles, as well as granting the bonus for the full anticipated payment of the same is extended until June 30, 2020.

Duration The measure shall apply only with regard to the year 2020.

87. Extension of legal deadlines for restructuring of the outstanding budgetary obligations

Enactment Government Emergency Ordinance no. 29/2020 regarding certain economic, fiscal and budgetary measures (amending Government Ordinance no. 6/2019 regarding the establishment of certain tax facilities)

Subjects Private or public legal persons, except for public institutions and administrative-territorial units


Content The person which as of December 31, 2018 had outstanding budgetary obligations amounting to at least RON 1 million can notify the Romanian authorities of their intention to have these obligations restructured for a period until July 31, 2020. The request must be submitted until October 30, 2020.

Duration This measure will be time barred if relevant steps are not undertaken respectively until July 31,2020 and October 30, 2020.


The budgetary obligations referred to comprise the obligations to pay any amount that corresponds to the general consolidated budget, individualized in enforceable titles issued according to the law. For the purpose of this measure, the budgetary obligations declared by the debtor or established by the competent fiscal body by decision after January 1, 2019, but related to the fiscal periods up to December 31, 2018, are also

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considered.

88. Elimination of late payment interest rates and penalties

Enactment Government Emergency Ordinance no. 29/2020 regarding certain economic, fiscal and budgetary measures (amending Law no. 207/2015 regarding the Fiscal Procedure Code)



Content The fiscal obligations due from the date of entry into force of the ordinance (i.e. taxes, contributions and other amounts that constitute revenues of the general consolidated budget) and not paid until its expiration date are not considered outstanding and no late payment interest and penalties shall accrue.

Duration The ordinance entered into force on March 21, 2020 and ceases to produce effects after 30 days from the termination of the state of emergency.

89. Suspension or non-commencement of enforcement measures

Enactment Government Emergency Ordinance no. 29/2020 regarding certain economic, fiscal and budgetary measures (amending Law no. 207/2015 regarding the Fiscal Procedure Code)



Content Enforcement measures by way of garnishment of budgetary debts are suspended or shall not be commenced, provided that they do not concern criminal matters (in which case the enforcement measures shall continue).

Duration The ordinance entered into force on March 21, 2020 and ceases to produce effects after 30 days from the termination of the state of emergency.

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90. Modification of the computation method of advance quarterly payments of the yearly profit tax

Enactment Government Emergency Ordinance no. 29/2020 regarding certain economic fiscal and budgetary measures

Subjects Legal persons that are subject to profit tax, which apply the system of declaration and payment of the annual profit tax, with advance payments made quarterly


Content The advance quarterly payments for 2020 shall be capped at the level of the amount resulting from the calculation of the current quarterly profit tax.

The same calculation method applies for (i) the other quarters of 2020; (ii) the remaining quarters of the modified financial year that ends in 2020; as well as for (iii) the quarters of the modified financial year that starts in 2020, which are included in the calendar year 2020.


91. Bonification for the payment of the corporate income tax for the first quarter of 2020

Enactment Government Emergency Ordinance no. 33/2020 regarding certain fiscal measures and the amendment of several normative acts

Subjects Legal persons that are subject to profit tax or turnover tax


Content For the payment of the corporate income tax corresponding to the first quarter of 2020 until April 25, 2020, the Romanian state offers a bonification of (i) 5 per cent of the respective tax, for large taxpayers, subject to profit tax; and (ii) 10 per cent of the respective tax for the other taxpayers, including those that are subject to turnover tax.



Taxpayers having a modified financial year may benefit from this bonification, provided that they pay the corporate income tax for the first quarter of the modified year at its due date, no later than June 25, 2020.

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92. Remote communication with the State Treasury

Enactment Order no. 1819/2020 for the modification and completion of article 61 of the Methodological Norms regarding the use and completion of the payment order for the State Treasury and the electronic multiple payment order (“OPME”)

Subjects Public institutions, economical operators and entities other than public institutions


Content The OPME is now available for making payments, other than those related to value added tax, from the accounts opened with the units of the State Treasury.

The OPME form may be filled in and submitted online through the National Forexebug Reporting System or the service "Submitting declarations", as the case may be, while the submission proof will be available at the Messages section of the Virtual Private Space.

Duration The OPME will be available to economic operators and entities other than public institutions starting from April 21, 2020.

93. Online payment of taxes

Enactment Government Decision no. 285/2020 amending and supplementing Government Decision no. 1235/2010 approving the national electronic system for online payment of taxes to the consolidated general budget (hereinafter “GD 285/2020”)

Subjects Natural persons, authorized natural persons, legal persons or other entities without legal personality


Content Taxpayers will be able to pay online the taxes owed to the State Budget (i.e. profit tax, turnover tax, value added tax etc.) via the virtual payment counter, called the national electronic system for online payment of obligations to the general consolidated budget (“SNEP”).

Commissions withheld by the banks will be capped at the value of 1 per cent of the transaction value, without exceeding RON 30.

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Duration The SNEP will be available to taxpayers upon the approval of the methodological and technical norms related to it, which should take place by May 10, 2020.

94. Online access to tax residence certificates

Enactment Order of the Minister of Public Finance no. 1830/2020 amending Order of the Minister of Public Finance no. 583/2016 approving the forms provided by articles 230 and 232 of Law no. 227/2015 on the Fiscal Code, with the subsequent amendments and completions

Subjects Resident and non-resident natural and legal persons, as well as representative offices established in Romania by foreign companies


Content Requests for the issuance of certificates attesting tax residence or the activity of the permanent establishment in Romania, required for the application of double tax treaties, will be more easily drafted and submitted by the applicants through the “Contact Form” section within the “Virtual Private Space” online service.

Certificates attesting tax residence, the activity of the permanent establishment, or the payment of taxes in Romania by non-residents will also be made available by the competent tax authorities through the “Virtual Private Space”, in which case they will be signed with an extended electronic signature, based on a qualified digital certificate.

Duration These provisions are applicable starting from April 10, 2020.


The attestation certificates mentioned above will also be available to third parties on the website of the National Fiscal Administration Agency, based on the registration number of the document and the tax identification code of the person subject to it, for one year from the issuance date.

95. Extended deadline for submission of financial statements

Enactment Government Emergency Ordinance no. 48/2020 regarding some financial and fiscal measures

Subjects Romanian legal persons, as well as representative offices established in

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Romania by foreign companies which are resident in countries outside the European Economic Area


Content The deadline for submitting the financial statements as of December 31, 2019 has been postponed until July 31, 2020.

Duration These provisions are applicable only with regard to the financial year 2019.

96. The refund of value added tax subject to subsequent control


Subjects Legal persons registered for value added tax (“VAT”) purposes


Content The tax inspection regarding VAT refunds shall be performed subsequent to the payment of such refund to taxpayers.

Duration These provisions are applicable during the state of emergency and for 30 days from the date of its cessation.


There are several cases where the tax inspection will be performed before the refunds take place, such as when the inspection had already been initiated, when the taxpayer has recorded in the tax record facts which are sanctioned as criminal offenses or when there is a risk of undue reimbursement.

97. No tax benefits for allowances paid from the state budget


Subjects Natural persons benefitting from technical unemployment allowances and state subsidized leave for parents with children in school


Content Technical unemployment allowances and state subsidized leave for parents with children in school are not subject to the tax benefits that

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would normally be incurred, such as income tax exemption, reduction of the share of social security contributions or exemption from the social health insurance contribution, applicable for certain categories of employees.


98. Tax exemption for Hospitality Industry


Subjects Legal persons subject to specific turnover tax under Law no. 170/2016 regarding the tax specific to certain activities


Content Hotels, restaurants or bars operators are exempted from the payment of specific turnover tax owed for the period under which their activity was completely or partially restrained during the state of emergency.

Duration These provisions are only applicable with regard to the year 2020.


Taxpayers may benefit from this exemption provided that they hold a certificate of state of emergency and are not subject to insolvency procedures.

99. Exemption from income tax and contributions for some salary benefits


Subjects Natural persons who earn income from salaries and assimilated to salaries


Content Advantages in kind earned by individuals as a result of holding positions considered by the employer/income payer to be essential for the performance of the activity and who are in preventive isolation at work or in specially dedicated areas where the access of outside persons is restricted is not considered taxable income and is not included in the

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monthly basis for calculating social security contributions.


100. Special tax measures for gambling operators


Subjects Gambling operators


Content In 2020, gambling operators may apply for re-authorization of the activity no later than 90 days from the date of cessation of the declared state of emergency.

Moreover, the payment obligations related to the authorizations for the operation of traditional gambling is suspended during the state of emergency and no sanctions will be incurred if the payment is made within 30 days from the termination of the state of emergency. No taxes are owed for such operation authorisations related to the period under the state of emergency.


101. Special tax measures related to ethyl alcohol, alcoholic beverages and energy products

Enactment Emergency Ordinance no. 48/2020 regarding some financial and fiscal measures

Decision 284/2020 for the amendment of Title VIII "Excises and other special taxes" of the Methodological Norms for the application of Law no. 227/2015 on the Fiscal Code, approved by Government Decision no. 1/2016

Subjects Ethyl alcohol, alcoholic beverages, as well as energy products confiscated, requisitioned definitively or subject to enforcement proceedings


Content Ethyl alcohol, alcoholic beverages, as well as energy products in the private property of the state or which are the subject to an enforcement

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procedure may be capitalized by the competent bodies (i) to fiscal production warehouses only for processing, at prices which do not include excise duties, provided that the goods do not meet the legal commercialization conditions; or (ii) to traders, at prices which also include excise duties, provided that the goods meet the legal commercialization conditions.

Duration For the duration of the state of emergency and for 15 days from its termination date.

102. Sponsorship of public institutions

Enactment Emergency Ordinance no. 48/2020 regarding some financial and fiscal measures

Subjects Public institutions and authorities, including specialized bodies of public administration


Content Public institutions may benefit from sponsorship contracts concluded with taxpayers subject to turnover tax, without the obligation to register the respective beneficiary entities in the Register of entities/religious units for which tax deductions are granted.

Duration These provisions are applicable starting with April 16, 2020.

103. Notification for undeclared tax obligations

Enactment Order 934/2020 regarding the amendment of annex no. 1 to the Order of the president of the National Agency for Fiscal Administration no. 962/2016 approving the Procedure regarding the ex officio establishment of taxes, fees and contributions with a regime of establishment by self-taxation or withholding tax

Order 935/2020 amending and supplementing the Order of the President of the National Agency for Fiscal Administration no. 587/2016 approving the model and content of the forms used for the declaration of taxes and fees with a regime of establishment by self-taxation or withholding tax

Subjects Income payers, with regard to income subject to self-taxation or

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withholding tax


Content The competent authorities will notify the taxpayers/payers about exceeding of the legal deadline for submitting the relevant tax returns, by communicating a notification within 15 days from the expiration of this legal deadline or 30 days from the termination of the state of emergency, if the legal deadline is met during the state of emergency.

In addition, tax return forms have been updated so that to consider the measures taken in the context of COVID-19 outbreak, such as bonuses for the timely payment of fees.

Duration These provisions are applicable starting with April 21, 2020.


For undeclared tax obligation, which are subject to a tax inspection, no notices are issued regarding the non-submission within the deadline.

104. Tax redirection notification

Enactment Order 936/2020 amending and supplementing the Order of the President of the National Agency for Fiscal Administration no. 147/2020 for the approval of the Procedure for establishing the amount representing up to 3.5% of the annual tax due to support non-profit entities that are established and operate under the law and religious units, as well as for granting private scholarships, according to law, as well as and the model and content of some forms



Content The procedure regarding notification of taxpayers for which the form 230 was submitted in paper format or in paper format scanned on the basis of a tally-sheet, regarding the destination of the amount representing up to 3.5 % of the annual tax due to support non-profit entities or religious units, will be suspended during the state of emergency.

Duration These provisions are applicable during the state of emergency.

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XIV. BANKING

105. Opening of a nominative Euro account in the name of the Bank Deposits Guarantee Fund

Enactment Order no. 1/2020 issued by the National Bank of Romania (”BNR”) for the opening at the National Bank of Romania of a nominative Euro account in the name of the Bank Deposits Guarantee Fund.

Subjects Natural persons, banks.

Type Regulatory measure.

Content This legal enactment provides the opening by BNR of a denominated account in EUR on the behalf of the Bank Deposits Guarantee Fund.

Duration No specific duration.


The Bank Deposits Guarantee Fund is a public deposits guarantee scheme, which implies the membership of banks. This scheme guarantees to the deponents of the said banks a certain maximum compensation in case of insolvability or bankruptcy of the same. Starting January 1, 2011, the guarantee cap amounts to EUR 100,000, in RON equivalent. According to the applicable law, the compensation is to be paid in RON.

Until present, BNR had solely a RON account opened in the name of the Bank Deposits Guarantee Fund. The new regulation implements the creation of a supplementary account, in EUR.

However, the applicable law still provides the payment of the compensation in RON solely. Still, we anticipate that the purpose of this order is to implement the payment of the compensation also in EUR.

106. Simplifying the reporting to the Romanian Financial Supervisory Authority (”ASF”)

Enactment Instruction no. 1/ 2020, issued by the ASF concerning the transmission of the reports and of other documents to the ASF during the period of the application of the exceptional measures generated by the COVID-19 crisis.

Subjects Insurance and reinsurance companies, insurance intermediaries, intermediaries with financial instruments operations, financial investment companies, financial investment consultants, movable assets entities etc. (”Authorized Entities”).

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Content All correspondence, reports, information and other documents to be sent by the Authorized Entities to ASF during the period of the application of the exceptional measures generated by the COVID-19 crisis should be sent only in electronic format or through the relevant electronic application, if existent.


107. Extension of reporting deadline to ASF

Enactment Norm no. 21/2020 for the extension of certain terms regarding the reports, the publication of public information and the transmission of other documents to ASF in the insurance field, as a result of the situation generated by COVID-19 and the establishment of the state of emergency in Romania

Subjects Authorized Entities (mainly insurance companies, credit institutions and brokerage companies).


Content Certain deadlines for the submission of reports regarding the insurance and / or reinsurance activity; managing the operational risks generated by the information systems used by the Authorized Entities by ASF are extended, i.e.:

(i) the IT audit report done in 2020 shall be filed until December 31, 2020, at the latest;

(ii) the report concerning the solvability, as well as the financial statements drafted for December 31, 2019 must be filed until June 2, 2020, at the latest; however, certain models pertaining to this report and to the financial statement are to be filed until April 21, 2020, at the latest.


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108. Decrease of the taxes due by the Authorized Entities to the ASF

Enactment Regulation no. 3/ 2020 issued by the ASF for the regulation of certain measures concerning the application of the provisions of the ASF Regulation no. 16/2014 regarding ASF`s revenues during the emergency state generated by the COVID-19`s dissemination.

Subjects The Authorized Entities.

Type Support measure.

Content Tariffs, taxes, quotas and contributions due by the Authorized Entities to ASF decrease with 25 per cent.

Duration Starting April 1, 2020 and for all the duration of the emergency state.

109. Decrease of the interest rate paid by the banks for the minimum mandatory reserves established in RON

Enactment The BNR`s Circular no. 7 from March 13, 2020 concerning the interest paid for the minimum mandatory reserves established in RON applicable starting the application period February 24 – March 23, 2020.

Subjects Banks.


Content Starting from the application period February 24-March 23, 2020, the interest rate shall amount to 0.14 per cent per year.


MPR Partners` comments

The minimum mandatory reserves represent the monetary availabilities of credit institutions (i.e. commercial banks) in RON and in foreign currency, maintained in accounts opened at the BNR. Such reserves are calculated based on the balance of RON and foreign currency deposits drawn in by banks from the natural persons and legal entities.

In other words, such mandatory minimum reserves represent a BNR instrument for controlling the liquidity within the interbank market, as well as the financial resources amount available to the banking system for offering credits to the real economy, i.e. to the natural and legal persons.

The banks must hold the minimum mandatory reserves within the

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accounts opened with the BNR. In lack of this reserve, the banks must pay a penalty interest which is established by BNR.

The previous applicable provisions provided a 0.19 per cent monthly interest.

110. Decrease of the BNR`s reference interest rate

Enactment The Circular no. 8 from March 13, 2020 issued by the BNR concerning the BNR`s reference interest rate.

Subjects Banks, natural persons.


Content Starting March 23, 2020 the reference interest rate of the BNR amounts to 2 per cent per year.

Duration The circular does not provide any specific duration.


Previously, starting May 8, 2018, this reference interest rate had been established at 2.5 per cent per year.

111. The European Bank Authority`s recommendations with respect to forbearance measures

Enactment Communication from the European Bank Authority (”EBA”) dated March 20, 2020 entitled ”Statement on the application of the prudential framework regarding Default, Forbearance and IFRS9 in light of COVID-19 measures”

Subjects EU Member States

Type Framework for support measures.

Content EBA opines that public and private moratoria, as a response to COVID-19 epidemic, to the extent they are not borrower specific but rather addressed to broad ranges of product classes or customers, do not have to be automatically classified as forbearance measures, as for IFRS9 and the definition of default.

EBA recommends the following:

(i) defaults do not have to happen until 90 days past due on material

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credit obligation, providing sufficient time to restructure the loans where necessary;

(ii) loans can be renegotiated in a way that the financial position of the lender does not diminish;

(iii) the measures that governments and credit institutions are proposing to address the adverse system economic impact of the COVID-19 pandemic would not automatically lead to a reclassification under the definition of forbearance.

As a matter of principle, EBA recommends careful assessment based on risk-based approach automatism in classification.


112. Other measures taken by the BNR

Enactment The BNR`s Board Decision dated March 27, 2020.

Subjects Banks.


Content For the purpose of condensing the resources towards the financing of the population and of the legal entities, of reducing the impact on the financial statements or on the operational activity of credit institutions, the BNR Board of directors analysed a series of relevant measures from the banking perspective, in the context of the economic effects of the COVID-19 pandemic.

Given these aspects, the BNR Board decided to:

(i) postpone with three months, with the renewal possibility up to 6 months, the deadline for the collection of the annual contributions to the bank resolutions fund for 2020;

(ii) postpone the deadlines for the reporting of certain information corresponding to planning of the resolutions, in line with the approach communicated by the European Banking Authority;

(iii) correlate the deadlines and conditions concerning the own funds requirements and the eligible debts (MREL) with the decisions of the

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Board of Supervisors from March 20, 2020.

The BNR shall send to all credit institutions information letters with respect to the decisions adopted and the method of application of the regulations in force, according to the above.


113. Facilities with respect to loans granted to specific debtors

Enactment Emergency Government Ordinance no. 37/2020 on granting several facilities for loans granted by credit institutions and non-bank financial institutions to certain categories of borrowers (“EGO 37/2020”)

Government Decision no. 270/2020 (“GD 270/2020”) approving the implementation rules to EGO 37/2020

Order of the Ministry of Public Finance no. 1861/2020 approving the template of the guarantee agreement provided by article 5 paragraph 2 of Government Emergency Ordinance no. 37/2020 on granting several facilities for loans granted by credit institutions and non-bank financial institutions to certain categories of borrowers, as well as of the implementation agreement`s template (”Order 1861/2020”)

Subjects EGO 37/2020 will apply to:

(i) banks;

(ii) non-bank financial institutions;

(iii) natural persons;

(iv) authorised natural persons and other similar entities covered by Emergency Government Ordinance no. 44/2008;

(v) liberal professions;

(vi) legal persons parties to credit contracts, respectively leasing contracts, except for the credit institutions defined according to the Emergency Government Ordinance no. 99/2006.


Content The borrowers presented above have the right to request the suspension of

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due instalments, interests and commissions related to the loans granted to them by the banks, for a period ranging between one month and 9 months, but no later than December 31, 2020.

In order to benefit from these facilities, the following conditions must be met (both by natural and legal persons):

(i) the credits must have been granted no later than March 30, 2020;

(ii) the final maturity date must be on or subsequent to March 30, 2020;

(iii) early maturity has not been declared until and including March 30, 2020;

(iv) the debtors do not register arrears on the date of the establishment of the state of emergency in the territory of Romania or the debtors made the payment of these arrears before requesting the suspension.

The debtors filing for such a suspension request must issue an affidavit stating that their own income or the family’s income has been directly or indirectly affected by the COVID-19 pandemic and that they are unable to perform their payment obligations due to the following reasons (not limited to):

(i) for natural persons: the entry of the debtor / family members into technical unemployment as result of closing / reduction of the activity of the employer, dismissal of the debtor / family members, reducing the salary of the debtor / family members, placing the debtor in institutionalized quarantine or isolation at home, contamination with COVID-19, etc.;

(ii) for authorised natural persons and other similar entities covered by Emergency Government Ordinance no. 44/2008, as well as debtors who perform liberal professions and professions that are performed under special laws, regardless of the form: their activity was completely or partially interrupted as result of the decisions issued by the competent public authorities, with the following consequences: the restriction of the retail market, the reduction of the number of employees, the decrease of the suppliers, etc.;

(iii) for legal entities: they must hold the yellow or blue state of emergency certificate.

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Except for natural persons, in order to benefit from the facility, the debtors need not be insolvent at the date of requesting the suspension, according to the information published on the official website of the National Trade Registry Office.

As a matter of principle, the interest due by the debtors corresponding to the mature amounts whose payment is suspended according to EGO 37/2020 shall be capitalized with the balance of the existing credit at the end of the suspension period. This increased balance shall be paid in instalments in the period remaining until the maturity of the credits, after the suspension period.

However, there are special rules for mortgage credits contracted by natural persons, i.e.:

(i) the relevant interest shall be calculated according to the credit contract;

(ii) the relevant interest represents a distinct and independent receivable and holds a 0 per cent interest;

(iii) its payment shall be made within 60 monthly instalments, starting from the month following the end of the deferring period;

(iv) the interest is 100 per cent guaranteed by the State.

For the purpose of the guarantee provided at point (iv) above, the National Credit Guarantee Fund for SMEs is empowered by the Ministry of Public Finances to issue guarantee letters in the name and on behalf of the State, in favour of creditors based on guarantee agreements concluded therewith.

Eligible debtors may opt for this facility by submitting a request (letter, e-mail, telephone, etc.) to the creditors, no later than 45 days after the entry into force of EGO 37/2020 (March 30, 2020). In addition, there is no need to sign addenda to the loan documentation.

The creditor shall analyse the suspension request and the compliance with the conditions required by the law and approve / reject it within a maximum of 15 calendar days from receiving the request. If the creditor approves the request, the approval decision will also contain the number of instalments for which the suspension was approved.

In addition, as a result of the suspension, any corresponding guarantee /

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security remains unaffected and the contract amendments will be enforceable against any co-debtor, guarantor and any other party to the credit agreement only if such party’s prior consent has been obtained.

Moreover, the suspension does not require the signing of addenda to the loan documentation, the notice regarding the modified contractual clauses and new credit repayment schedule being sufficient for such purposes (these documents will be sent to the debtor within 30 days of receiving the request).

Duration Starting with the implementation of the state of emergency, but no longer than December 31, 2020.

114. EBA’s guidelines on legislative and non-legislative moratoria on loan repayments applied in the light of the COVID-19 crisis

Enactment Communication from EBA dated April 02, 2020 entitled ”Guidelines on legislative and non-legislative moratoria on loan repayments applied in the light of the COVID-19 crisis”(the “Guidelines”)


Type Framework for support measures.

Content Regulators and governments in Romania and other European countries have implemented a broad range of support measures for businesses and individuals affected by the payment difficulties as a result of the COVID-19 pandemic. One of the most common measures include some form of moratorium on payment of credit obligations.

In the present Guidelines, EBA clarified: (i) the criteria that payment moratoria have to fulfil not to trigger forbearance classification; (ii) the application of prudential requirements in the context of these moratoria; and (iii) ensuring consistent treatment of these measures in the calculation of own fund requirements.

Some of the conditions a moratorium has to fulfil to come within the scope of these Guidelines are the following:

(i) the moratorium was launched in response to the COVID-19 pandemic and should be applied before June 30, 2020;

(ii) the moratorium has to be broadly applied: but is explicitly permitted

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to be legislative or non-legislative, provided that it is applied sufficiently broadly;

(iii) the moratorium has to apply to a broad range of obligors: specifically, it has to be available to a large, predefined group of obligors, regardless of the assessment of their creditworthiness;

(iv) the same moratorium offers the same conditions however, an institution may grant different moratoria targeting different segments of exposures or obligors, e.g. different moratoria with different conditions may apply to private individuals and to SMEs;

(v) the moratorium changes only the schedule of payments; the moratorium should not affect other conditions of the loan, in particular the interest rate, unless such change only serves for compensation to avoid losses which an institution otherwise would have due to the delayed payment schedule under the moratorium, which would allow the impact on the net present value to be neutralised;

(vi) the moratorium does not apply to new loans granted after the launch of the moratorium: the use of existing credit lines or renewal of revolving loans is not considered a new loan.

In order to help the EBA keep track of all of these measures as well as to promote transparent application of the COVID-19 measures, national competent authorities should notify EBA of any use of general payment moratoria in their jurisdictions and provide all of the following information for each moratorium:

(i) whether it is a legislative or non-legislative moratorium;

(ii) in the case of a legislative moratorium, whether it is compulsory for institutions or, if it is not compulsory, whether institutions are publicly encouraged in some way to use the moratorium;

(iii) in the case of a non-legislative moratorium, the extent of the use of the moratorium by the banking industry in their jurisdiction;

(iv) the date from which the moratorium applies;

(v) the selection criteria for exposures subject to the moratorium;

(vi) the conditions offered based on the moratorium including the

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duration of the moratorium.


115. Decrease of the interest rate paid by the banks for the minimum mandatory reserves established in EUR and US dollars

Enactment The BNR`s Circular no. 10/2020 concerning the interest paid for the minimum mandatory reserves established in EUR and US dollars starting with the application period March 24, 2020 - April 23, 2020

Subjects Banks


Content Starting from the application period March 24-April 23, 2020, the interest rate on the minimum reserves established in EUR is 0.00 per cent per year, and the interest rate on the minimum reserves established in US dollars is 0.05 per cent per year.

Duration No specific duration

MPR Partners` comments

The previous applicable provisions provided 0.02 per cent per year for the minimum reserves established in EUR and a 0.10 per cent per year interest for the minimum reserves established in US dollars.

116. Extension of deadlines related to the submission of the annual financial statements of entities within private pension system

Enactment Norm no. 25/2020 for the extension of the deadlines for submitting the annual financial statements related to ASF Norm no. 7/2017 regarding the preparation and submission of the individual annual financial statements of entities within the private pension system

Subjects The subjects are the following:

(i) optional pension funds` and / or privately administered pension funds` administrators, which are pension companies established in accordance with the legal provisions in force;

(ii) optional pension funds and privately administered pension funds;

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(iii) private pension brokers, which are companies established and authorized according to the legal provisions in force, as well as agents legal entities, i.e. companies established and authorized by ASF, having as sole scope of activity the marketing of the prospectus of the optional pension schemes;

(iv) optional pension funds` administrators which are insurance companies for the activity of management of optional pension funds;

(v) optional pension funds` administrators which are investment management companies, for the activity of management of optional pension funds;

(vi) the private pension system rights guarantee fund.

Type Support measure.

Content The deadline for submitting the individual annual financial statements to ASF was pushed back from April 15, 2020 to May 15, 2020.

Duration Until May 15, 2020

117. EBA’s recommendations and proposals with respect to supervisory measures in the COVID-19 pandemic context

Enactment EBA`s statement on additional supervisory measures in the COVID-19 pandemic, dated April 22, 2020


Type Recommendations and proposals

Content EBA pleads for a pragmatic and effective supervisory review and evaluation process (”SREP”) of credit institutions for the 2020 exercise, which should imply:

(i) risk-driven supervisory assessment, focused on the most material risks and vulnerabilities entailed by the crisis;

(ii) a supervisory focus on the ability of institutions to respond to current challenges, including operational continuity.

The importance of efficient recovery planning is also highlighted, the

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recommendations being the following:

(i) recovery plans should be kept and updated regularly and on an ad-hoc basis, in order to be implemented timely and effectively if necessary;

(ii) prompt information of the institutions and competent authorities with respect to any sign of deterioration in the institutions` financial situation and business viability, which might require the activation of their recovery plans;

(iii) institutions should analyze how the COVID-19 stress might evolve for their institution and estimate their overall recovery capacities for liquidity and capital.

EBA also recommends the implementation of operations relief measures for institutions, more precisely the possibility to submit only key elements of their recovery plans in 2020 to the competent authorities and to defer the submission of other parts of the plans until the following assessment cycle.

Last, but not least, EBA draws the attention to the importance of effective measures in relation to digital operational resilience of institutions, in the context of financial institutions providing most of their services online.


XV. OTHER FINANCIAL SUPPORT MEASURES

118. State guarantees

Enactment Emergency Government Ordinance no. 29/2020 on certain economic, fiscal and budgetary measures (amending Emergency Ordinance no. 110/2017 on the support program for Small and medium-sized enterprises “IMM INVEST ROMÂNIA)

Emergency Government Ordinance no. 42/2020 amending and supplementing the Government Emergency Ordinance no. 110/2017 on the support program for Small and medium-sized enterprises – “IMM INVEST ROMANIA”, and approving the State aid scheme for supporting the activity of Small and medium-sized enterprises in the context of the

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economic crisis generated by the COVID-19 outbreak

Subjects SMEs


Content The program consists of granting state guarantees to each beneficiary for one of the following categories of loans:

(i) one or more credits for investments and/or one or more credits/lines of credit for working capital, guaranteed by the State, through the Ministry of Public Finance, at a maximum of 80% of the value of the financing, excluding interest, commissions and bank charges related to secured credit; the maximum cumulative value of State guaranteed financing that can be granted to a beneficiary within this facility is RON 10,000,000; the maximum value of the credits/lines of credit for financing the working capital granted to a beneficiary cannot exceed RON 5,000,000; for investment loans, the maximum value of the financing is RON 10,000,000; each type of loan has limits related to specific criteria; or

(ii) one or more credits/lines of credit for financing working capital, excluding interest, commissions and bank charges related to the State guaranteed credit, up to a maximum of 90% granted to a micro-enterprise or small enterprise, with a maximum value of RON 500,000 for micro-enterprises respectively maximum RON 1,000,000 for small businesses; each type of loan has limits related to specific criteria.

The Ministry of Public Finance grants interest on credits/credit lines for financing working capital and investment credits for both point (i) and (ii).

Duration The interest subsidy period is from the moment of granting the credits/ lines of credit contracted after the entry into force of the Emergency Ordinance no. 110/2017 and may last until March 31, 2020.

The maximum duration of financing is 72 months in the case of investment loans and 36 months in the case of credits/lines of credit for working capital. The credits/lines of credit for working capital can be extended by a maximum of 36 months.

MPR Partners Comments

For more details on the State aid scheme and the Methodological Norms adopted for the implementation of the measures please see below.

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Enactment The Emergency Government Ordinance no. 42/2020 (”EGO no. 42/2020”) amending and supplementing the Government Emergency Ordinance no. 110/2017 (”EGO no. 110/2017”) on the support program for Small and medium enterprises– “IMM INVEST ROMANIA”, as well as for approving the State aid scheme for supporting the activity of Small and medium-sized enterprises in the context of the economic crisis generated by the COVID-19 outbreak

Subjects SMEs


Content In furtherance to EGO no. 29/2020 and in line with the Temporary Framework (please see paragraph 84.1), Romania approved via EGO no. 42/2020 a State aid scheme providing support facilities for SMEs which are affected by the COVID-18 outbreak, as follows.

The aid can be awarded to any SMEs in any activity sector, (save for the ones declared non-eligible as per EGO no. 110/2017), provided that they fulfil all the relevant eligibility criteria provided in EGO no. 110/2017 and EGO no. 42/2020.

The budget of the scheme is RON 781 million (roughly EUR 161 million) and the estimated number of beneficiaries is 40,000. The cap level for the guarantees provided below is RON 15 billion (roughly EUR 3.1 billion).

1. State guarantees for loans

Romania provides State guarantees via the Minister of Public Finance for the following types of loans:

(i) one or more investment loans/credit lines, and/or one or more working capital loans/credit lines, of up to 80% of the financing value, excluding interest, commissions and bank charges related to the guarantee loan; the maximum cumulative value of the State guaranteed financing, which may be granted to a beneficiary within this facility is RON 10,000,000; each type of loan has limits related to specific criteria;

(ii) or one or more working capital loans/credit lines, excluding interest, commissions and bank charges related to the guarantee loan, of up to 90%, granted to a micro-enterprise (up to RON 500,000), or a small

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enterprise (up to RON 1,000,000); each type of loan has limits related to specific criteria.

For the loans described in points (i), and (ii), the Ministry of Public Finance grants interest on credits/lines of credit for financing working capital and loans for investments in 100% of the budget of the Ministry of Public Finance under an aid scheme state/de minimis associated with this program.

2. Direct grants

In addition to state guarantees, Romania provides to the small and medium-sized enterprises which contracted one of the loans at points (i) and (ii) above a grant within the limit of the cumulative result between the value of the risk commission, the management commission, related to the guarantee granted and the interest related to the credits/lines of loans, but not more than the equivalent in RON of EUR 800,000 per beneficiary.

The maximum duration for the financing of investment credits is 72 months (without extension possibilities) while the maximum duration of credits/credit lines for the financing of working capital is 36 months. The extension of the of the credits/credit lines for financing working capital can be made for a period of maximum 36 months.

Duration The duration of the scheme, namely, the period comprised of the selection of the beneficiaries and the issuance of letters of guarantee/financing agreements commences with the date of entry into force of EGO no. 42/2020 and lasts until December 31, 2020.

The period for carrying out the grant payment starts from the date of entry into force of EGO no. 42/2020 and lasts until March 31, 2021, with the possibility of extension.


The State aid scheme was notified to the European Commission which issued the decision of April 10, 2020 in case SA.56895 (2020/N) – Romania COVID-19: Support scheme for SMEs.

The European Commission deemed that the Romanian measures are necessary, appropriate and proportionate to remedy a serious disturbance in the economy of a Member State, in accordance with the Temporary Framework (for more details please see below at paragraph 97.1.).

The European Commission thus decided not to raise objections to the aid

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on the grounds that it is compatible with the internal market.

Hence, Romanian authorities can proceed with the implementation of the State aid scheme.

Enactment Methodological Norms for the application of EGO no. 110/2017 on the support program for Small and medium-sized enterprises – IMM INVEST ROMANIA

Subjects SMEs


Content The enactment provides the manner of implementation as well as the conditions for the award of the aid, monitoring and settlement of the filings for the payment of State guarantees and grants provided in the State aid scheme described above.

The State aid scheme is implemented by the Ministry for Public Finance through the National Fund for Credit Guarantees for Small and Medium Enterprises (in Romanian “FNGCIMM”).

The maximum duration for the financing of investment credits is 72 months while the maximum duration of credits/credit lines for the financing of working capital is 36 months. The extension of the of the credits/credit lines for financing working capital is possible for a period of maximum 36 months starting with the maturity date provided in the initial contract, provided that the reimbursement of the credit will be made in monthly rates or based on a reimbursement graphic.

The eligibility criteria are also detailed therein for both the credit institutions as well as for the potential beneficiaries.

The award of the State guarantees shall be carried out based on conventions concluded between FNGCIMM and credit institutions.

Duration The duration is determined by the allocation by the Ministry for Public Finance of the cap level of State guarantees. For the year 2020, the total cap level of the guarantees that may be awarded is RON 15 billion.

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119. Postponement for the payment of utilities and rent

Enactment Emergency Ordinance no. 29/2020 on certain economic, fiscal and budgetary measures

Government Decision no. 281 of April 8, 2020 for the approval of the criteria establishing the beneficiaries provided at article X paragraph (5) of the Emergency Government Ordinance no. 29/2020 on certain economic, fiscal and budgetary measures

Government Decision no. 312/2020 approving the criteria for establishing the beneficiaries provided at article X paragraph (10) of the Emergency Government Ordinance no. 29/2020 on certain economic, fiscal and budgetary measures

Subjects SMEs, lawyers, public notaries, bailiffs, national sports federations and sports clubs


Content The legal enactments provide for the right to request the postponement of (i) the payment of utilities (electric power, natural gas, water, telephone and internet service), as well as (ii) the payment of the rent for the immovable assets used as headquarters and secondary offices, for specific categories, as mentioned below:

• small and medium-sized enterprises which (i) have totally or partially interrupted their activity based on the decisions of the public authorities during the state of emergency and which (ii) obtained a certificate of emergency;.

• lawyers, public notaries and bailiffs (i) which had in 2019 a maximum net income of EUR 200,000 (or in 2018, if the income for 2019 has not been yet calculated), (ii) the form of practice thereof (office) has at most 9 employees and collaborators, (iii) the form of practice thereof has totally/partially interrupted or reduced the activity following the measures imposed by the authorities, while registering at least 25% loss in incomes within the month for which the postponement is requested, compared to the average of the last 6 months before the state of emergency.

• national sports federations and sports clubs holding sport identity certificates which: (i) have totally interrupted their activity, following the measures taken by the authorities, or have reduced

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their activity, registering in the month preceding the month for which the postponement is requested, a decrease in incomes of at least 25% compared to the average of the incomes registered between January-February 2020 and (ii) have organized and/or participated in official sports competitions in the last 6 months.


120. No penalties for delayed performance in contracts concluded with public authorities

Enactment Emergency Ordinance no. 29/2020 on certain economic, fiscal and budgetary measures

Subjects SMEs


Content Small and medium-sized enterprises which have totally or partially interrupted their activity based on the decisions of the public authorities during the state of emergency and which have obtained a certificate of emergency will not incur penalties for the delayed performance of agreements concluded with public authorities during the state of emergency.


XVI. EUROPEAN FUNDS

121. Organizational measures related to the activities financed from European funds


Subjects Management authorities, intermediary organism, beneficiaries of the European funds


Content The Government will issue, within 10 days from the entry into force of the Decree no. 240/2020, the general framework and the methods for the reorganization, restructuring or reprogramming of the activities that are

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the subject to financing from European funds.

During the state of emergency:

(i) the management authorities and the intermediary bodies will issue specific instructions to the beneficiaries, so that the implementation of the financing contracts is carried out in accordance with the legal provisions and with the measures set to reduce the risk of spreading the COVID-19;

(ii) based on the beneficiaries’ justified request, the management authorities and the intermediary bodies will approve the reorganization, restructuring or reprogramming of the activities that are the subject to financing from European funds without prejudice to the result indicators of the specific projects or objectives, and without the funding contracts to exceed December 31, 2023;

(iii) the competent authorities in the field of issuing agreements / opinions / certificates for projects financed from European funds are obliged to organize:

• the public debates required by the law, online, ensuring the proper participation of all relevant stakeholders. The minutes of the public consultations are concluded and signed by the parties in electronic format and constitute official documents according to the law;

• the submission of the necessary documentation in electronic format; the same applies for the request of clarifications or for the issuance of agreements / opinions / certificates. The agreements / opinions / certificates issued in electronic format using the electronic signature are considered authentic documents under the law.



Subsequent acts will follow to set the general framework for the activities financed through European funds.

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122. Support measures for beneficiaries of European funds

Enactment Government Emergency Ordinance no. 52/2020 amending article 293 paragraph 2 of Government Emergency Ordinance no. 40/2015 (“GEO no. 40/2015”) and adopting some measures regarding the European funds’ beneficiaries in the context of COVID-19 pandemic

Subjects Management authorities, intermediary organism, beneficiaries of the European funds


Content Specific derogatory principles are established for supporting the beneficiaries of European funds, as follows:

(i) increase from 10 per cent to 30 per cent of the value of the pre-finance tranches for:

• projects financed from the European Regional Development Fund and from the Cohesion Fund for the regional water operators. The amounts will be deducted by applying a percentage to the value of reimbursement/payment requests up to the final reimbursement request;

• certain categories of beneficiaries, to the extent there are ongoing contracts for acquisition of products, equipment and works;

(ii) prolongation of specific deadlines of the process, such as:

• prolongation from 90 days to 180 days of the deadline for submitting by the beneficiary or the consortium leader of the reimbursement requests comprising the expenses incurred from the pre-financing:

• prolongation of the deadline for paying in full the contribution related to eligible expenses, until the submission of the reimbursement request;

• prolongation from 20 working days to 30 working days the term for checking the payment requests;

• prolongation from 3 months to 6 months of the period for the submission of the reimbursement requests for the expenses

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incurred;

• prolongation from 20 working days to 30 working days of the term for authorising the reimbursement of the eligible expenses.

(iii) contracting authorities may amend the works contracts (by mutual agreement of both parties) so as to regulate the advance payment for equipment and materials, if the cost of the credit undertaken by the beneficiary for the payment of the respective equipment/materials, calculated for a 5-year term, does not exceed 15 per cent of the contract value;

(iv) contracting authorities may amend the works contracts (by mutual agreement of both parties) in order to decrease the minimum value of the interim payment certificates, without however falling below the RON equivalent of EUR 150,000; such measure is applicable only if the cost of the credit for the difference between the current minimum value and that decreased, for a 5-year term, which should have been undertaken by the beneficiary for sustaining the cash flow falls within 15 per cent of the contract value.

Duration Up until December 31, 2020


The implementing norms will be amended in 30 days from the date of entry into force of GEO no. 52/2020.

XVII. COMPETITION

123. Restrictions regarding M&A transactions in energy field


Subjects All companies that are part of the National Energy System, irrespective of the form of ownership


Content Throughout the state of emergency, all selling and buying procedures of the majority stake in companies within the National Energy Systems are suspended. The procedures will be resumed when the state of emergency ends, and all deadlines set in the previous calendar will be properly

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deferred.

Duration Starting from April 10, 2020


The measure is justified by the fact that the energy security is a strategic objective, especially in case of states of emergency.

124. Enforcement of antitrust law

124.1. Enforcement of antitrust law at Romanian level

Enactment Statements of the Romanian Competition Council, March and April 2020

Subjects All companies (in particular, manufacturers of basic products, distributors of same, wholesalers, online platform managers, pharma companies)


Content In the context of the current crisis, companies may need to cooperate in order to ensure the supply and fair distribution of scarce products to all consumers. For example, wholesalers may coordinate freight transports in order to ensure the supply of the whole range of basic products, as well as home deliveries for the categories of persons who are unable to leave their homes.

Moreover, companies may need to coordinate with regard to the production, management and, eventually, distribution of medicines so as to ensure that not all companies are focused on one or more medicines, thus neglecting other medicines, which would remain under the optimal production level. Such coordination would normally be deemed as anticompetitive, but in the current context may prove beneficial for clients. Also, companies that wish to manufacture medical equipment may access State aid schemes.

Companies should ensure that their products are available at competitive prices. As such, online platforms managers may adopt measures for the limitation of unjustified raises of prices for basic products and services. Furthermore, competition laws allow manufacturers to set maximum prices for their products which may prove useful for limiting the unjustified raises of the prices at distribution level.

In order to avoid the risk of speculation on the market and to allow more consumers to stock on essential products, traders may limit the quantity of

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essential products per person/per receipt and may modify their work schedule.

The Romanian Competition Council will scrutinize the conduct of the companies in order to detect any abusive practices such as cartels or excessive pricing.

If companies have doubts about the compatibility of such initiatives with the relevant competition law, they can contact the Romanian Competition Council for guidance.



These recommendations have been issued by the Romanian Competition Council in application of the Joint statement by the European Competition Network (ECN) on application of competition law during the Corona crisis, March 2020.

124.2. Enforcement of antitrust law at EU level

Enactment Communication from the Commission: Temporary Framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak of April 8, 2020 C (2020) 3200 final

Subjects All companies

Type Framework for guidance

Content Within the context of the economic crisis triggered by the COVID-19 outbreak companies may need to cooperate in order to overcome or at least to mitigate the effects of the crisis to the benefit of citizens. However, this cooperation may entail potential antitrust concerns.

In this respect, companies may cooperate in order to ensure the supply and adequate distribution of essential scarce products and services during the COVID-19 outbreak, including but not limited to medicines and medical equipment.

In that sense, cooperation in the health sector might for instance be limited to entrusting a trade association / an independent advisor / independent service provider / a public body:

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• to coordinate joint transport for input materials;

• to contribute to identifying those essential medicines for which, in view of forecasted production, there are risks of shortages;

• to provide aggregate production and capacity information, without exchanging individual company information;

• to work on a model to predict demand on a Member State level, and identifying supply gaps;

• to share aggregate supply gap information, and request participating companies, on an individual basis and without sharing that information with competitors, to indicate whether they can fill the supply gap to meet demand (either through existing stocks or increase of production).

In particular, in the health sector companies may need to go further to address critical supply shortages. For example, there may be a need to extend to coordinating the reorganization of production so as to increase and optimize output so that not all firms focus on one or a few medicines, while other medicines remain in underproduction, where such re-organization would allow producers to satisfy demand for urgently needed medicines.

Measures involving potential exchanges and coordination between undertakings would not be problematic under EU competition law provided that:

• the measures are objectively necessary to increase output in the most efficient way to address or avoid a shortage of supply of essential products or services, such as those that are used to treat COVID-19 patients;

• the measures are temporary;

• the measures do not exceed what is strictly necessary to achieve the objective of addressing or avoiding the shortage of supply.

Companies should document all their exchanges and provide the same to the Commission, upon request.

The Commission will provide guidance to companies and trade associations with respect to specific cooperation initiatives with an EU dimension, that need to be swiftly implemented in order to effectively

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125. State aid

125.1. Temporary Framework for State aid at EU level

Enactment Communication from the European Commission: Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak of March 23, 2020, C(2020) 1863 final

Communication from the European Commission: Amendment to the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak of April 3, 2020, C (2020) 2215 final

Subjects EU Member States and State aid recipients

Type Framework for support measures

Content In accordance with Article 107(3)(b) of the Treaty on the Functioning of the European Union (`”TFEU`”), the Commission may declare compatible with the internal market State aid ”to remedy a serious disturbance in the economy of a Member State”.

The Temporary Framework is meant to allow Member States to support the economy by taking State aid measures that would otherwise be restricted, and which can be rapidly approved by the Commission after notification thereof, if they fulfil the necessary conditions.

The Temporary sets out the following types of aid that Member States are allowed to grant:

• direct grants, selective tax advantages and advance payments; for urgent liquidity needs; the aid granted in the forms of direct grants,

tackle the COVID-19 outbreak. Such guidance may include, at the Commission discretion, an ad hoc “comfort” letter.

Duration For an indefinite period, as of April 8, 2020 (applicable until it is withdrawn).


The Directorate General for Competition within the Commission has already set up a dedicated webpage (https://ec.europa.eu/competition/antitrust/coronavirus.html) and a dedicated mailbox ([email protected]) that can be used by companies to seek informal guidance on specific matters.

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tax and payment advantages or other forms such as repayable advances, guarantees, loans and equity, provided the total nominal value of such measures should not exceed the overall cap of EUR 800,000 per undertaking;

• State guarantees for loans taken by companies from banks to cover immediate working capital and investment needs;

• loans with favorable interest rates to companies for covering immediate working capital and investment needs;

• safeguards for banks that channel State aid to the real economy; it is noteworthy that this form of aid is deemed as aid to the banks' clients and not as an aid to the banks; however, the Temporary Framework also provides guidance on ways to prevent major distortions of competition between banks;

• short-term export credit insurance due to a lack of sufficient private insurance capacity for short-term export credits in general, the Commission considers all commercial and political risks associated with exports to the countries listed in the Annex to the Short-term export-credit insurance Communication as non-marketable until December 31, 2020 (please see below for further detail);

• aid for COVID-19 relevant research and development since it is essential to facilitate COVID-19 relevant research and development (R&D) to address the current emergency health crisis.; the aid is granted in the form of direct grants, repayable advances or tax advantages by 31 December 2020 and eligible costs may refer to all the costs necessary for the R&D project during its duration;

• investment aid for testing and upscaling infrastructures; the aid is granted for the construction or upgrade of testing and upscaling infrastructures required to develop, test and upscale, up to first industrial deployment prior to mass production, COVID-19 relevant medicinal products (including vaccines) and treatments, their intermediates, active pharmaceutical ingredients and raw materials; medical devices, hospital and medical equipment (including ventilators and protective clothing and equipment as well as diagnostic tools) and necessary raw materials; disinfectants and their intermediary products and raw chemical materials necessary for their production; as well as data collection/processing tools;

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• investment aid for the production of COVID-19 relevant products; this includes: relevant medicinal products (including vaccines) and treatments, their intermediates, active pharmaceutical ingredients and raw materials; medical devices, hospital and medical equipment (including ventilators, protective clothing and equipment as well as diagnostic tools) and necessary raw materials; disinfectants and their intermediary products and raw chemical materials necessary for their production; data collection/processing tools;

• aid in form of deferrals of tax and/or of social security contributions; this may include aid schemes that consist in temporary deferrals of taxes or of social security contributions which apply to undertakings (including self-employed individuals) that are particularly affected by the COVID-19 outbreak, for example in specific sectors, regions or of a certain size, but can also apply to fiscal and social security obligations intended to ease the liquidity constraints faced by the beneficiaries, included but not limited to the deferral of payments due in instalments, easier access to tax debt payment plans and of the granting of interest free periods, suspension of tax debt recovery, and expedited tax refunds;

• aid in form of wage subsidies for employees to avoid lay-offs during the COVID-19 outbreak; this form of aid is granted to undertakings in specific sectors which have been affected by the COVID-19 outbreak.

In addition:

• Member States may notify to the Commission aid schemes to meet acute liquidity needs and support undertakings facing financial difficulties, also due to or aggravated by the COVID-19 outbreak, based on Article 107(3)(c) TFEU;

• Member States may notify to the Commission aid measures to compensate undertakings in sectors that have been particularly hit by the outbreak (e.g., transport, tourism, culture, hospitality and retail) and/or organizers of cancelled events for damages suffered due to and directly caused by the outbreak, based on Article 107(2)(b) TFEU;

• notification of alternative approaches (both aid schemes and individual measures) remains possible in accordance with the general State aid legislation.

Duration Until December 31, 2020. May be subject to extension.

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State aid represents a transfer of State resources which may selectively confer an economic advantage on their recipient.

State aid is usually considered incompatible with normal market conditions and thus forbidden.

However, facilities that are generally available to all businesses would not normally be deemed as State aid and would not be subject to relevant restrictions.

For example, measures applicable to all businesses regarding wage subsidies, suspension of payments of corporate and value added taxes or social welfare contributions, or financial support directly to consumers for cancelled services or tickets not reimbursed by the concerned operators are not subject to the State aid legislation. Such measures are set out in the Commission`s Communication on a Coordinated economic response to the COVID-19 outbreak of 13 March 2020.

Moreover, State aid may be granted by Member States under certain conditions. To this end, the Member States are normally under the obligation to notify State aid measures to the European Commission and cannot implement such measures prior to EC authorization.

However, aside from the provisions of the Temporary Framework, there are certain categories of aid which are exempted from the notification obligation such as the aid measures which fulfil the conditions of the General Block Exemption Regulation no. 651/2014 of June 17, 2014 in application of Article 107 and 108 of the Treaty on the Functioning of the European Union (e.g. aid to make good the damage caused by certain natural disasters) and the de minimis aid measures (aids granted to a company and not exceeding EUR 200,000 over any period of three years), provided by Commission Regulation no. 1407/2013 of December 18, 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid.

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125.2. Short term export credit

Enactment The amendment of March 27, 2020 of the Short-term export-credit insurance Communication 2012/C 392/01

Subjects Member States, State aid recipients and State insurers


Content On March 27, 2020, the Commission has decided to temporarily remove all countries from the list of “marketable risk" countries under the Short-term export-credit insurance Communication.

The amendment enforces the flexibility already introduced by the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak of March 19, 2020 with respect to the possibility by State insurers to provide insurance for short-term export-credit.

Following this amendment, companies affected by the COVID-19 outbreak will be able to obtain short-term export-credit insurance from public insurers.

Duration Until December 31, 2020 (before this date, the Commission will re-assess the situation and give clarity on “marketable risk countries” beyond 31 December 2020)

MPR Partners Comments

The export-credits enable foreign buyers of goods and/or services to defer payment. As a result of deferred payments, the sellers/exporters usually bear a significant risk, against which they insure themselves, typically with the private insurers (export credit insurance).

In that sense, the Short-term export-credit insurance Communication (in force since 2013) provides that trade within 27 Member States and nine countries belonging to the Organisation for Economic Co-operation and Development, with a maximum risk period of up to two years, entails marketable risks and should, in principle, not be insured by the State or State supported insurers.

The term “Marketable risk” refers to commercial and political risks with a maximum risk period of less than two years, on public and non-public buyers in the countries mentioned above. All other risks are considered non-marketable for the purposes of the Short-term export-credit insurance Communication.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.C_.2012.392.01.0001.01.ENG&toc=OJ:C:2012:392:TOC





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Enactment Decision of the Inter-Ministerial Committee for Financing, Guarantees and Insurance no. 69 of April 7, 2020 for the approval of the Norm “Short term insurance, in the name and on the account of the State, for the risk of external non-payment, non-marketable risks and temporarily non-marketable risks in the context of the COVID-19 pandemic”

Subjects Exporters, insurers


Content The norm establishes the terms and conditions based on which the Export-Import Bank of Romania (“EximBank”) carries out, in the name and on the account of the State, short-term export insurance operations, by taking over the non-marketable risks, of temporarily non-marketable risks authorised based on Commission Decision C (2014) 5701 and Commission Decision C (2017) 679 and temporarily non-marketable risks in the context of the COVID-19 pandemic.

For the short-term export-credit insurance EximBank can conclude contracts, agreements, arrangement for insurance/co-insurance, based on the approval of the Inter-Ministerial Committee for Financing, Guarantees and Insurance.

For the insurance of the temporarily non-marketable risks in the context of the COVID-19 pandemic the budget is RON 25 million (roughly EUR 5 million) from the date when the norm enters into force until December 31, 2020.

EximBank insures, in the name and on the account of the State, for a maximum period less than 2 years the receivables resulted from exports of goods and services against temporarily non-marketable risks.

The insurance covers maximum 85% of the loss insured in the pre-delivery or post-delivery period, as a consequence of certain commercial or political risks.

The enactment also provides eligibility criteria, the procedure for obtaining the insurance (documentation, analysis and approval of the insurance request, damages/reimbursement.

Duration Until December 31, 2020

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***

For legal advice regarding any of the above topics or any other legal aspects concerning the current pandemic please contact Alina Popescu, at [email protected].

For tax advice regarding public measures and any other tax aspects entailed by the current pandemic please contact Felix Tapai, at [email protected]

mailto:[email protected]

mpr partners · page | 2 . contents . i. introduction

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