COVID-19: Updates on Romania’s emergency state
Decree no. 240 issued by the Romania President for the extension of the state of emergency, published in the Official Gazette no. 311 of April 14, 2020
The main measures adopted through this decree are:
1. Starting with April 15, 2020, the state of emergency established in Romania is extended for 30 days.
2. During the state of emergency, it is forbidden to organize and conduct:
a) meetings, demonstrations, processions or any other meetings, in open spaces;
b) to any other meetings of the nature of cultural, scientific, artistic, religious, sports or entertainment activities, in confined spaces.
3. The servants of religious cults officially recognized in Romania may officiate in places of worship, in public spaces or in private spaces, the following activities:
a) the practices and rituals of public character specific to the cult, without the participation of the public;
b) cult-specific practices and rituals, such as baptisms, marriages or funerals, with the participation of the minimum number of persons according to the canonical norms and with strict observance of the individual and collective protection measures to prevent the spread of COVID-19.
4. Institutions within the national system of defence, public order and national security can employ without contest, if necessary, for a determined period of 6 months, personnel from the external source or personnel who have passed into the reserve, to whom the service relations have ceased.
5. Public institutions and authorities which, in the exercise of the powers provided by the specific legislation, require the presentation of the civil status certificates, in original and / or photocopies, are obliged to accept extracts from the civil status documents for official use, transmitted in electronic format by the local community public service for the registration of persons or of the civil status office within the city hall of the administrative-territorial units where the local community public service for the registration of persons does not work.
6. During the state of emergency, the primary documents underlying the registration of birth and death documents are transmitted by issuers to the local community public service for the registration of persons / to the competent civil status office, by fax or through electronic means administered by the authorities of the Romanian state.
7. Within no more than 90 days from the cessation of the state of emergency, the institutions, the public authorities and individuals are obliged to carry out requests for the submission of the documents provided for in paragraph 6, in original, at the local community public service of record of the persons / at the civil status office that registered the civil status document.
8. During the state of emergency, the deadline for declaring the death is 3 (three) calendar days from the end of the person’s life, and in the case of the death caused by violent causes, the 3 (three) day deadline, for declaring the death, is calculated from the date of issuing the medical certificate of death.
9. The contracting authorities, including the legal entities in which the state is a majority shareholder, have the right to directly purchase materials and equipment necessary to prevent and combat COVID-19, exceeding the value threshold established by art. 7 paragraph (5) of Law no. 98/2016 regarding public procurement, within the budgetary funds allocated with this destination.
10. The validity of the documents issued by the public authorities that expires during the state of emergency is maintained.
11. During the state of emergency, prices can be capped on medicines and medical equipment, on strictly necessary foods and on public utility services (electricity and heat, gas, water supply, sanitation, fuel, etc.). In case there is a decrease of the price of electricity and natural gas, on the regional markets, the Government will take the necessary measures so that these decreases should be partially or fully reflected in the final price from the consumer level.
12. The Government shall establish, within no more than 10 days from the entry into force of this decree, the general framework and the methods of reorganization, restructuring or reprogramming of the activities that are the object of financing from European funds.
13. Normative acts valid until April 14, 2020, regarding the provision of medical services, including home care, medicines, medical devices, technologies and assistive devices, within the social health insurance system, as well as those regarding national programs of health – preventive and curative, will extend their applicability during the state of emergency.
14. In the case of the purchase of medicines by the sanitary units for the treatment of patients with COVID-19, the prices of the medicines can exceed the maximum prices approved by the Ministry of Health.
15. During the state of emergency, the provisions of Law no. 19/2020 regarding the granting of free days to parents for the supervision of children, in the situation of temporary closure of the educational units does not apply to the employees of the national defence system, to the employees of the penitentiaries, to the personnel from the public sanitary units, to the personnel from the residential social services and to other categories established by order of the Minister of Internal Affairs, of the Minister of Economy, Energy and Business Environment, and of the Minister of Transport, Infrastructure and Communications, as the case may be.
16. The personnel referred to in paragraph 15 shall be entitled to an increase of the salary in the amount provided in art. 3 paragraph (1) of Law no. 19/2020, in case the other parent does not benefit from the rights regulated in this law.
17. During the state of emergency, it is forbidden to cease or suspend the activity of social services such as residential care and assistance centers for the elderly, residential centers for children and adults, with and without disabilities, as well as for other vulnerable categories, public and private, provided in the Government Decision no.867 / 2015 for the approval of the Nomenclature of social services, as well as of the framework regulations for the organization and functioning of social services.
18. During the state of emergency, depending on the specific activity and needs, for public sector personnel, the employer:
a) may unilaterally order the interruption of the holidays, of the additional rest, without payment, of studies and for professional training of the employed personnel and the resumption of the activity;
b) may unilaterally order or approve the total / partial performance of the rest or additional rest leave of the employed personnel.
19. During the state of emergency, the activity of drafting and communicating the court decisions, of registering the requests for legal proceedings introduced during the state of emergency, as well as carrying out any other activities, subject to compliance with the sanitary discipline rules established by the authorities with attributions in the field and observing the provisions of this decree, continues.
20. According with the present decree, the trial of civil cases, other than those with special urgency, is suspended by law during the state of emergency, without the need to perform any procedural act for this purpose.
21. After the cessation of the state of emergency, the judgment of the processes provided for in paragraph 20 shall be resumed ex officio. Within 10 days from the cessation of the state of emergency, the Court will take measures in order to establish the hearings and summon the parties.
22. The organization of public tenders within the procedures of capitalization of the movable assets seized in the criminal proceedings, with the exception of the public auctions carried out by electronic means, is suspended by law.
23. During the state of emergency, the activity of the Trade Registry Office as respects the registration of the mentions regarding legal persons and natural persons continues and is carried out by electronic means, based on the registration request and the documents attached to it in electronic form, having incorporated, attached or logically associated an extended electronic signature, as well as by correspondence, on paper, in letter format.
24. During the state of emergency, the activity of submitting the citizenship files, sustaining the organized interview for the verification of the conditions provided in art. 8 paragraph (1) lit. f) and g) of the Law of Romanian citizenship no. 21/1991, republished, with the subsequent amendments and completions, and the sessions of taking the oath of faith towards Romania, is suspended.
25. In the execution of punishments and measures deprived of liberty, the exercise of the right to receive visits, the exercise of the right to intimate visit, the exercise of the right to receive goods through the visitation sector, as well as the rewards consisting of the permission to leave the penitentiary is suspended.
26. In order to maintain the connection with the support environment, the duration and the number of calls for the convicted persons in the maximum security regime are increased, to a maximum of 45 minutes per day, and for the convicted persons in closed, semi-open, open or provisional regime or for those who do not have an established regime, maximum 75 minutes a day. The right of detainees to on-line conversations, irrespective of the disciplinary situation and the regularity of the connection with the family, is supplemented according to the number of visits to which they are entitled under the enforcement regime.
27. During the state of emergency, the providers of electronic communications services can also use the services of short messages (SMS), in order to fulfil the obligations regarding the transmission of the pre-contractual and contractual information, the conclusion of the contracts and obtaining the confirmation of the conclusion of the contract.
28. During the state of emergency, all the teaching activities that require the physical presence of the ante pre-schoolers, pre-schoolers, pupils and students in the educational units and institutions are suspended.
29. During the state of emergency, the health units, the social assistance and the medical-social assistance, as well as the public institutions and authorities can receive, in the form of the manual gift, regardless of their value, medicines, sanitary materials, medical devices, vaccines, sera, related reagents and consumables, with the approval of the National Agency for Medicines and Medical Devices.
30. During the state of emergency, the legal deadlines set for solving the requests made in the exercise of free access to information of public interest, as well as those established for solving petitions, are doubled.
31. At the request of the beneficiary central and local public institutions and authorities, the authorities empowered by law prepare and carry out the requisitions of goods and also call the natural persons for the provision of services in the public interest, necessary to prevent and combat COVID-19, according to the Law no. 132/1997 regarding the requisitions of goods and the provision of services in the public interest.