Legislative summary: 15-19 june 2020

Extension of the alert state

Decision 476/2020 on extending the alert status on the Romanian territory and the measures applied during it to prevent and combat the effects of the COVID-19 pandemic (OJ no. 515/16.06.2020) 
 
The normative act extends the alert status by another 30 days, until July 16, 2020;
The following measures have been put in place to combat the effects of the pandemic: 
 
Measures to increase response capacity

The following areas are covered: 
  • Public ambulance services and voluntary emergency services;
  • Activities of residential care and assistance centers for the elderly, for children and adults, with and without disabilities;
  • The activity of residential social service providers;
  • The activity of the operative centers for emergency situations. 
Measures to ensure community resilience: 
  • The protective mask must be worn at work, as well as in closed public spaces, commercial spaces, means of public transport.
  • For all persons coming to Romania from countries that are not subject to the quarantine / isolation exception, established by the National Institute of Public Health and approved by the National Committee for Emergency Situations, the quarantine / isolation measure is established for a period of 14 days at the dwelling / location declared by the person concerned, together with the roommates, including the family / relatives, as the case may be.
  • Persons who come to Romania from countries subject to the quarantine / isolation exception, but who, before leaving the respective country, did not stay in its territory for at least 14 days, enter quarantine / isolation at the home / location declared by the person in question, together with the roommates, including the family / relatives, as the case may be.
  • Persons who have either left Romania and spend a period of less than 14 days in another country exempted from the quarantine / isolation measure, or have spent a period of at least 14 days cumulatively in countries exempted from the quarantine / isolation measure do not enter in quarantine / isolation at the entrance to Romania. 
Measures to reduce the impact of the type of risk: 

The following activities are forbidden: 
  • Organizing meetings, demonstrations, processions, concerts or other types of meetings in open spaces;
  • Meetings of the nature of cultural, scientific, artistic, sports or entertainment activities indoors. 
The following activities are allowed: 
  • Physical training activities within the sports bases (training camps, trainings, sports competitions), but only under the conditions established by the joint order of the Minister of Youth and Sports and the Minister of Health;
  • Outdoor and indoor or outdoor sports competitions, which can be held without spectators;
  • Shows, concerts, festivals, with the participation of at most 500 spectators with seats on seats at a distance of at least 2 meters and with the obligation to wear a protective mask;
  • The activity of religious cults, carried out both outside and inside places of worship, but in compliance with the rules of health protection established by the joint order of the Minister of Health and the Minister of Internal Affairs;
  • Outdoor recreational and sports activities, with the participation of up to 6 people who do not live together (cycling, hiking, running, boating, mountaineering, hunting, fishing and other recreational activities), under the conditions established by joint order of the Minister of Health , youth and sports, agriculture, environment;
  • Private events indoors, with the participation of up to 20 people, but with the rules of physical distance;
  • Private events in open spaces, with the participation of up to 50 people, but with the observance of the rules of physical distance. the movement of persons inside the locality in pedestrian groups larger than 6 persons who do not belong to the same family. 
Other measures: 
  • Suspension of flights by aviation economic operators to Belgium, France, Iran, Italy, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of the Netherlands, Spain, USA and Turkey and from these countries to Romania for all airports in the country ours (exceptions: freight or correspondence, emergency medical services, etc.);
  • Suspension of the consumption of food and alcoholic and non-alcoholic beverages in the common dining areas of restaurants, hotels, boarding houses, cafes, motels or other public places (it is allowed to prepare and market these products that are not consumed in those spaces); 
  • Inside the shopping centers where several economic operators operate, it is not allowed: 
    • the activity of restaurants, cafes and other such catering establishments;
    • the activity of playgrounds, game rooms and cinemas; 
  • Suspension of the activity of economic operators carried out indoors in the following areas: activities in swimming pools, playgrounds and game rooms;
  • Establishing the obligation of economic operators carrying out gambling, personal care, tourist reception or accommodation functions to comply with the rules established by joint orders of the line ministries;
  • Establishing the obligation of the economic operators that carry out activities of administration of the outdoor swimming pools, outdoor swimming pools or sports / fitness halls to respect the norms established by common orders of the line ministries; 
  • The activity in nurseries, kindergartens, after schools, during the summer vacation, is carried out in compliance with the rules established by joint order of the Minister of Education and Research, Labor and the Minister of Health. 

Measures applicable in different fields of activity: nurseries, kindergartens, after schools, shopping centers, sports betting halls, spaces with gambling activities

Order no. 1,076 / 4,518 / 3,936 / 2020 on establishing the necessary measures for the reopening of nurseries, kindergartens, after schools for the prevention of SARS-CoV-2 diseases (OJ no. 510/15.06.2020)
  • It enters into force starting with June 15, 2020;
  • Approves the necessary measures for the reopening of nurseries, kindergartens, afterschools to prevent SARS-CoV-2 diseases. 
Order no. 1088/1910/2020 for the approval of the regulations regarding the establishment of specific measures to prevent the spread of SARS-CoV-2 virus for the activities in the shopping centers where several economic operators, of mall type, organize and carry out the activities in the sports betting halls , in security conditions, as well as for the locations where the gambling activity takes place (OJ no. 514 / 16.06.2020)
  • It enters into force starting with June 16, 2020;
  • Provides for measures to be observed in shopping malls, sports betting halls and gambling venues. 
Sanctions for non-compliance with the legal provisions regarding additional work
Law no. 85/2020 for the amendment of art. 260 para. (1) lit. i) of Law no. 53/2003 - Labor Code (OJ no. 18.06.2020)
  • It enters into force starting with June 21, 2020;
  • Failure to comply with the provisions on additional work is sanctioned with a fine from 1,500 lei to 3,000 lei for each person identified as performing additional work (in the past a single fine was provided between 1,500 and 3,000 lei, regardless of how many employees violate the law). 
Connect the cash registers to the ANAF system
Order no. 2668/2020 regarding the approval of the Procedure for connecting the fiscal electronic cash registers, defined at art. 3 para. (2) of the Government Emergency Ordinance no. 28/1999 on the obligation of economic operators to use fiscal electronic cash registers, at the national computer system for surveillance and monitoring of fiscal data of the National Agency for Fiscal Administration (OJ no. 527/19.06.2020)

The normative act approves the Procedure for connecting the fiscal electronic cash registers, defined at art. 3 para. (2) of the Government Emergency Ordinance no. 28/1999 on the obligation of economic operators to use fiscal electronic cash registers, at the national computer system for surveillance and monitoring of fiscal data of the National Agency for Fiscal Administration.
 
The connection of the cash registers to the ANAF system is made by categories of taxpayers, starting with July 1, 2020, in compliance with the following deadlines: 
  • uUtil September 30, 2020, the economic operators included in the category of large taxpayers; 
  • Until January 31, 2021, economic operators in the category of medium and small taxpayers;
  • The economic operators that purchase fiscal electronic cash registers after February 1, 2021, at the date of installing the fiscal electronic cash register. 
Taxpayers who use fiscal electronic cash registers installed in areas not served by electronic communications networks are obliged to send to ANAF a declaration on their own responsibility, to announce that they will continue to operate offline, as follows: 
  • Large taxpayers will send it by September 30, 2020;
  • Small and medium taxpayers will send it by January 31, 2021;
  • Taxpayers who buy cash registers starting with February 1, 2021 will send it within two working days from the date of installation of the devices.  
The declaration on your own responsibility will be sent online to ANAF, in electronically signed PDF format, and will contain the company's CIF, company name, unique cash register number, address where the cash register is used and the data of the person sending information or make records regarding the cash register. 
 
Taxpayers working with offline cash registers will have to send to ANAF, as before, monthly reports on the fiscal data registered by the devices, until the 20th of the month following the reporting period in which the devices were used. 
 
Attention! Economic operators who will not comply with the deadlines imposed by law regarding the connection of cash registers to the ANAF system will risk a fine from 8,000 to 10,000 lei, according to articles 3 ^ 1, 10 and 11 of the Government Emergency Ordinance no. 28/1999. 
 
Important! 
 

The European Commission has launched a web-platform called 'Re-open EU' (available at: https://reopen.europa.eu/en/map/CYP), dedicated to supporting the safe resumption of travel and tourism throughout Europe. It provides real-time information on borders and the availability of transport and tourism services in the Member States. Re-open EU also contains practical information provided by Member States on travel restrictions, public health and safety measures, such as physical distance or wearing masks, as well as other useful information such as tourist offers in each country and the EU. 
 
The platform, which also comes with a mobile version (web application), centralizes up-todate information from the Commission and the Member States. Through an interactive map, it allows citizens to see country-specific information, find out how the situation is evolving and consult travel recommendations for each Member State. It is easily accessible through the application or website, and will be available in the 24 official languages of the EU. 
 
The platform also contains information on sponsorship through vouchers, so that consumers can support hotels and restaurants by buying accommodation or meal vouchers after they reopen. Sponsorship of vouchers will help businesses to overcome bottlenecks cash.