We reproduce in full the text of the government measure on support for struggling enterprises that can apply for the certificate of emergency under the Decree 195/2020 (Article 12):
Art. 1. General Provisions.
(1) The granting of certificates attesting to the state of emergency (CSU) by the Ministry of Economy, Energy and Enterprise (MEEMA), upon request, to economic operators whose business is affected in the context of the SARS-CoV-2 pandemic is approved;
Art. 2. Method of application
(1) The request for the issuance of emergency situation certificates (CSUs) will be made exclusively Through electronic means, respectively through the platform http://prevenire.gov.ro/, platform that will contain a section dedicated for this purpose;
(2) Within the platform, the applicant will complete information regarding: the economic operator’s identification data, his contact data, the reason for requesting the emergency situation certificate, the justification of its necessity, as well as the data regarding financial statements;
(3) Documents supporting the situations described will be uploaded as follows:
Certificate of Single Registration, Administrator / Directors / Legal Representative CI, audited financial statements, during the month in which a reduction in income with a percentage of at least 40% compared to the similar period in the year preceding the request was observed, together with the accounting situation referred to in the report, a declaration under its own responsibility, within which the applicant fully assumes that those declared, as well as the uploaded documents, are true, respectively, that the decrease was caused by the emergence of the emergency situation, for which it submits the application, and finally, the chamber of commerce certificate issued by the National Business Register Office;
(4) In the event that a decrease in turnover, with a percentage of at least 40 percent, is not observed from the documents referred to in paragraph (3), but the operator is in difficulty, due to the emergency situation, the operator may provide additional supporting documents in this regard;
(5) A template for completing the application under one’s own responsibility regarding the assumption of the information and documents provided will be available on the Web site http://prevenire.gov.ro/;
(6) All documents uploaded in the electronic application, will be electronically signed by the legal representative of the electronic operator or his authorized person, in which case the application will be uploaded and the power of attorney;
Art. 3. The method of granting
(1) Within MEEMA, Commissions will be established to analyze CSU applications for issuance;
(2) The Emergency Situation Certificate is issued only for economic operators who carry out the Main activity in one of the areas stipulated in Art. 4;
(3) If the operator meets the criteria in Article 2, paragraph (3), the CSU application review committees will conduct a formal verification of the existence of the documents
uploaded by the applicant within the platform, will generate the CSU and email it via the application, within a maximum of 5 working days;
(4) For economic operators in the situations referred to in Article 2 (4), the CSU application review committees will verify the documents provided and determine the existence of the emergency situation and send a response to the applicant regarding the granting of the CSU, within a period that may exceed the period referred to in paragraph (3), but not exceeding a maximum of 20 working days;
(5) The approval of the CSU must be made only during the period of the establishment of the state of emergency decreed by the President of Romania;
(6) the Certificate of Emergency Situation (CSU) is valid for the entire year of its granting;
Art. 4. Eligible sectors.
(1) The Certificate of Emergency Situation (CSU) provided by this government measure can only be applied for by economic operators who svolve their business in at least one of the following sectors: transportation, tourism, horeca, event organization, advertising, education private and adjacent activities, clothing industry, footwear and leather goods, and services for the population;
Art. 5. Use
(1) The Certificate of Emergency Situation (CSU) can be used in relations with third parties and certifies that the economic operator had the affected economic activity in the context of the SARS-CoV-2 pandemic;
(2) Through the CSU, economic operators can benefit from tax breaks offered by central or local government institutions;
(3) The Certificate of Contingency (CSU) can be used in the renegotiation of certain contracts or in any relationship with other economic operators;
(4) The Certificate of Emergency Situation (CSU) can be used in connection with financial, banking and leasing institutions or any other public institution;
Art. 6. Final provisions.
(1) Within 5 days of the adoption and publication in the Official Gazette hereof, the Ministry of Economy, Energy and Environment (MEEMA) shall ensure the adaptation and operation of the electronic platform http://prevenire.gov.ro/;
(2) Commissions for the analysis of CSU emission applications, together with a list of eligible CAEN codes, pursuant to Article 4, shall be established by Order of the Minister of Economy, Energy and Environment.
Available for further clarification,
