The awaited regulation by the Ministry of Economy, Energy and Business Environment on issuance of the Certificate for emergency situations (“CES”) has been adopted through Order 791/2020 relating to the granting of emergency certificates to the economic operators whose activity is affected in the context of SARS-CoV-2 pandemic published on 25 March. The order sets the framework for the concept introduced through the Presidential Decree imposing the state of emergency and then further regulated through Emergency Government Ordinances no. 29/2020 and no. 30/2020. The electronic platform (availablehere) required for issuance thereof is expected to be functioning within 5 days as of publication thereof.

Main highlights of such newly enacted concept

Who is entitled to receive CES

• The Ministry will issue the CES, at the request of economic operators entitle to receive them based on the provisions of art. X of the Emergency Government Ordinance no. 29/2020 and respectively Emergency Government Ordinance no. 30/2020 i.e., an applicant.
• The main categories of protections in relation to which CES may be used are:
  • OUG 29/2020, art. X – the right of the small and medium-sized enterprises impacted by the decisions taken by public authorities during the state of emergency period, in view of benefiting from postponement of utility services such as: electricity, natural gas, water, internet and telecommunication services, as well as the postponement of payment of rent for the headquarters and secondary locations
  • OUG 30/2020, art. XI – in relation to employees protection measures (g.technical unemployment)

CES will be available in two categories/types:

• Type 1 (Blue) – applicable for economic operators whose activity has been totally or partially interrupted as a result of the measures imposed by public authorities during the state of emergency period;
• Type 2 (Yellow) – applicable for economic operators who registered a decrease in payment receipts of at least 25% in March compared to the average payment receipts registered in January-February 2020.

Note: the applicant may submit the documentation for only one type of CES.

CES are used in the relationship with the public authorities in order to obtain specific facilities/ support measures or in the commercial relationships according to the applicable legal provisions.

Granting methods:

• Requests for the issuance of CES shall be made exclusively through electronic means, respectively a platform provided by the Governmenthere. CES will be issued automatically after validation by the system.
• The solicitor shall submit the following data:
• identification data;
• an Affidavit of the legal representative stating that all the information and documents supporting the request are accurate and in line with the legislation in force, as regards each type of CES requested, with reference to the total or partial shutdown of activity r decrease of earnings within the indicated amount.
• In case the legal representative of the solicitor does not have an electronic signature, the documentation may be signed with a wet signature, with the condition that all the documents uploaded on the platform will then be signed electronically by an authorized representative for this purpose. Therefore, all documents uploaded on the platform must have an electronic signature.

Miscellaneous

• A standard form for the Affidavit is available in the respective order;
• Solicitors who are not registered with the Trade Register Office shall provide the information and documents indicated above, including documents with regard to the authorization of the activity.
• CES will be granted only for the duration of the state of emergency, as such was declared by the State;
• CES are valid without a signature or stamp;
• Competent authorities shall verify the documents on which the Affidavit is based during inspections. In case of reasonable suspicions as regards the procedure of obtaining the CES without observing the legal provisions or by not presenting the accurate situation of the applicant, competent authorities will enforce appropriate measures.

It remains to follow potential new regulations and cases in which CES may be used, considering that the Order makes reference to the use thereof also in commercial relationships.

While the procedure for issuance of CES has been simplified to a high degree as regards requested documentation, the erroneous / wrongful application is sanctioned as criminal act of false statement during a state of emergency. It remains for each applicant (at least in case of Type 2 CES) to use this process only when applicable, being a personal responsibility, aside from being also a personal liability.