According to Order no. 791/2020, the Ministry of Economy, Energy and Business Environment grants, upon request, to economic operators, whose activity is affected in the context of the SARS – CoV-2 pandemic, the State of Emergency Certificate (the “SEC”).
There are 2 types of SEC:
- TYPE 1 (BLUE):
Issued on the basis of a self-declaration attesting total or partial interruption of activity, as a result of the effects of decisions issued by the competent public authorities, according to the law, during the state of emergency.
- TYPE 2 (YELLOW):
Issued on the basis of the self-declaration attesting a decrease in revenue or income in March 2020 of at least 25 % compared to the average of revenue or income in the period January to February 2020.
Any economic operator whose activity is affected in the context of the SARS-CoV-2 pandemic and has registered a decrease in revenue or income in March 2020 of at least 25 % compared to the average of revenue or income in the period January to February 2020 or is closed.
The purpose of CSE document is to support economic operators in relation to public institutions in order to obtain, under the law, credit facilities, support measures, or in the progress of commercial relations.
The CSE is used:
- in order to benefit from the deferred payment for utility services – electricity, natural gas, water, telephone services, internet;
- in order to benefit from the deferred payment of the rent for the building destined for registered office and secondary offices or to demonstrate the force majeure in other contractual relations;
- in order to benefit from the suspension of repayment of rates, interest, and commissions in credit agreements.
ATTENTION: The CSE are no longer required for employers who reduce or interrupt their activity as a result of the Covid-19 pandemic in order to obtain technical unemployment, according to Emergency Ordinance No 32/2020.
THE ISSUING PROCEDURE
- The application shall be submitted by the applicant exclusively electronically via platform http://prevenire.gov.ro/.
- The certificates will be issued automatically, electronically, on the basis of a self-declaration of the applicant’s legal representative after the system has validated the application.
- The documents uploaded into the electronic application will have the electronic signature of the legal representative of the operator or of the authorized representative.
- A company may obtain only 1 (one) type of SEC.
- The Ministry of Economy, Energy and Business Environment issues SEC only during the existence of the state of emergency in Romania;
- SEC generated on the basis of documents signed with unqualified or revoked digital certificates will be canceled.
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