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The Ministry of Economy, Energy and Business Environment approved the Order no. 791 of 24 March 2020 regarding the granting of the state of emergency certificates to the business operators whose activity is affected in the context of the SARS-CoV-2 pandemic („Order 791/2020”), which has been published in the Official Gazette of Romania no. 248 of 25 March 2020 and enters into force on the date of its publication.

The following may request the granting of a state of emergency certificate („CSU”):

   (i)   SMEs that have ceased their activity in whole or in part based following the decisions issued by the competent public authorities, during the decreed state of emergency*;

   (ii)   the employers who cease the activity in whole or in part following the decisions issued by the competent public authorities, during the decreed state of emergency**;

   (iii)  employers who diminish their activity because of the effects of the COVID-19 pandemic (registering a decrease of the revenues from the month prior to submitting the affidavit on their own responsibility, with a percentage of at least 25% in comparison to the average revenues obtained in January-February 2020) and who do not have the financial capacity to pay all the salaries of their employees**;

   (iv)  other entities entitled as per the applicable law.

There are two types of CSU:

   (i)  The Certificate Type 1 (Blue): for the applicants who have ceased their activity in whole or in part following the decisions issued by the competent public authorities according to the law, during the decreed state of emergency; and;

   (ii)  The Certificate Type 2 (Yellow): to be issued to the applicants who register a decrease in revenues in March 2020 with a minimum of 25% in comparison to the average revenues obtained in January - February 2020.

CSU is issued by the Ministry of Economy, Energy and Business Environment only during the existence of the state of emergency in Romania.

CSU is used: (i) for obtaining facilities or support measures from public institutions; and (ii) in business relationships (e.g., for the renegotiation of certain agreements, according to the legal provisions).

CSU can be requested exclusively by electronic means, through the platform http://prevenire.gov.ro/. It is estimated that the platform will become operational on 30 March 2020.

CSU will be issued automatically, in electronic format, after the validation of the application in the system and will be valid without signature and stamp. Its series and number may be checked on the platform.

The documents which necessary to obtain the CSU are uploaded on the platform by the legal representative of the applicant based on an electronic signature. The documents may also be submitted by an attorney in fact holding an electronic signature.

In order to obtain the CSU the following documents must by submitted:

   (i)  The application;

   (ii)  The identification data;

   (iii) The affidavit on own responsibility of the legal representative attesting that all the information and documents of the application for obtaining the CSU are true and comply with the legislation in force in relation to the type of certificate requested (as per the template attached as annex to Order 791/2020)

The applicants who are not registered with the Commercial Registry Office are required to provide documents regarding the authorization of the activity.

* According to the Emergency Ordinance no. 29/2020 regarding some economic and fiscal-budgetary measures

** According to the Emergency Ordinance no. 30/2020 for the modification and completion of some normative acts, as well as for establishing measures in the field of social protection in the context of the epidemiological situation determined by the spread of the coronavirus SARS-CoV-2