Procedure published in the Official Gazette for obtaining the Emergency Situation Certificate (ESC)

There will be two types of emergency situation certificates (ESC), one yellow and one blue, and companies will be able to obtain one of them through an online procedure, on the prevention law website. The procedure is stipulated in the Order of the Minister of Economy no. 791/2020, published Wednesday in the Official Gazette.

The ESCs - necessary for some companies affected by the coronavirus COVID-19 situation for state-paid technical unemployment and deferrals in paying rents and utilities - will be able to be obtained through an online procedure, on the site prevenire.gov.ro .

Emergency situation certificates (ESC) will be issued in two forms:

1. TYPE 1 (BLUE) – issued in the form presented in Annex no 1, for applicants requesting its issuance based on the self-declaration issued in the form presented in Annex no. 3, from which it results the total or partial interruption of the activity, as a result of decisions issued by the competent public authorities, according to the law, during the period of the declared state of emergency.
2. TYPE 2 (YELLOW) - issued in the form presented in Annex no 2, for applicants requesting its issuance based on the self-declaration issued in the form presented in Annex no. 3 which is an integral part of this order, from which it results the registration of a decrease in revenues in March 2020 by a percentage of at least 25% compared to the average revenues from January – February 2020.

A company will be able to request only one type of ESC. Applications will be submitted online, on the site http://prevenire.gov.ro/ .  Within 5 days of the approval and publication in the Official Gazette of the order, the Ministry of Economy will ensure the adaptation and functioning of the electronic platform for the procedure regarding the certificates.

In order to obtain the Emergency Certificate TYPE 1 (BLUE)/ TYPE 2 (YELLOW), the applicant uploads the following information and documents to the platform:

• identification data;
• self-declaration of the legal representative, through which they certify that all information and documents that underlie the request for obtaining the certificate are in accordance with reality and comply with the legislation in force regarding the type of certificate requested. The model of the self-declaration will be posted on the platform http://prevenire.gov.ro .

In the situation where the legal representative does not hold an electronic signature, they can sign manually, following that all documents uploaded to the platform http://prevenire.gov.ro (including the self-declaration) shall be electronically signed by the designated proxy in this regard.

Documents must be uploaded to the platform http://prevenire.gov.ro ,  under the electronic signature of the legal representative of the economic operator or of an authorized representative holding an electronic signature.

The Ministry of Economy, Energy and Business Environment (MEEMA) issues emergency certificates (ESC) only during the existence of the state of emergency in Romania.