Coronavirus update no. 7/2020 – Obtaining Emergency Situation Certificate (CSU)

In the Official Gazette no. 248 of March 25, 2020 was published the Order no. 791/2020 of the Ministry of Economy, Energy and Business Environment regarding the granting of emergency situation certificates to the economic operators whose activity is affected in the context of Coronavirus pandemic.

Upon request of the applicants – economic operators whose activity is affected in the context of Coronavirus pandemic – the Ministry grants emergency situation certificates (CSU). These certificates may be used in relations with public institutions and authorities or in relations with commercial partners in the situations listed in the table below.

 

Two types of Emergency situation certificates are issued:

TYPE 1 (blue): for companies that suffered total or partial disruption of the activity, as a result of the decisions issued by the competent public authorities, in accordance with the law, during the decreed state of emergency;

TYPE 2 (yellow): for companies that registered a decrease of the monthly collected income (cash received) with at least 25% of the average incomes recorded during January-February 2020.

 

Request for the issuance of these certificates will be registered online, by using the certified electronical signature of the legal representative of the company or of a special authorized person.

In order to clarify the different purposes of the “Permit attesting the existence of a force majeure situation” issued by the Chamber of Commerce and “CSU”, we highlight below the main characteristics of the two documents:

	Permit attesting the existence of a force majeure situation	Emergency Situation Certificate (CSU)
The issuing entity	Chamber of Commerce	Ministry of Economy, Energy and Business Environment (MEEBE)
Reference legislation	Law no. 335/2007	Decree no. 195/16.03.2020, GEO no. 29/18.03.2020, GEO no. 30/18.03.2020 and implementation rules approved by MEEBE’ Order
Purpose	Approving, on request and based on specific documentation, the existence of a force majeure situation and its effects on the commercial relations and obligations	Certifying, on request and based on specific documentation, the activity disruption of the economic operators caused in the context of coronavirus pandemic
Recipients	Commercial operators, including large enterprises	1. SME 2. Employers who: a) Had to interrupt in whole or in part their activity as a result of the decisions issued by the competent public authorities, for the entire state of emergency period b) In the reference month have registered a decrease of the revenue with at least 25% of the average revenues recorded during January-February 2020
Issuing costs	According to the issuing entity’s fee	Free of charge
Period of use	Anytime	For the duration of the decreed state of emergency
Implications, benefits and concessions	Based on the certificate, the party invoking the force majeure situation has the option of not fulfilling the contractual obligations, with the agreement of the opposing party	1. For SMEs: a) To defer the payment of utilities and rental costs for headquarters and secondary offices b) To be exonerated from the payment of penalties for delays in the execution of contracts concluded with public authorities c) Possibility to invoke the force majeure for any other type of contract 2. For employers: a) Payment of the allowances resulting from the suspension of the employment contracts (technical unemployment) from the state budget b) To be exonerated from the payment of company labor contribution on the allowances referred to in the previous point

 

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