570 views

RLWeek May 11-17, 2020: The modification of some of the provisions that refer to granting emergency certificates. Categories of persons exempted from quarantine. The manner in which reports and other documents in electronic format are sent to the ASF

The manner in which reports and other documents in electronic format are sent to the ASF (The Financial Supervisory Authority).

We find published in the Official Gazette no. 388 of May 14, 2020, Instruction no. 3/2020 on the transmission of reports and other documents in electronic format to the Financial Supervisory Authority.

The instruction regulates the transmission of correspondence, reports, including monthly / quarterly statements, information and other documents in electronic format to the Financial Supervisory Authority by entities regulated and / or authorized and / or supervised by the FSA, as well as by to other natural or legal persons listed in the ASF Registers.

Thus, the Instruction provides that entities and individuals or legal entities that transmit in electronic format to the A.S.F. correspondence, reports, monthly / quarterly statements, information and other documents required by applicable law shall use for this purpose:
a) for the sender, the e-mail address of the entity or the e-mail address of the legal representative of the entity, respectively the e-mail address of the natural person if it is addressed to the A.S.F. regarding a personal issue;
b) for the recipient, the e-mail address of the A.S.F. – eregistratura@asfromania.ro;
c) in the case of the reports provided by the applicable legislation in the field of insurance, the ASF-EWS or e-Hub applications, as the case may be;
d) in the case of the reports provided by the capital market legislation the applications provided by the current legislation shall be applicable to each type of reporting;
e) in the case of the reports provided for by the regulations specific to the private pension system the information reporting system (SIR);
f) in case of monthly / quarterly situations transmitted according to art. 35 of the A.S.F. no. 16/2014 on the revenues of the Financial Supervisory Authority, the e-mail address of the A.S.F. raportari_taxe@asfromania.ro.

The entities and the natural or legal persons shall transmit correspondence, reports, monthly / quarterly statements, information and other documents, including where the regulations issued prior to this instruction provide for their transmission in letter format; entities shall comply with the deadlines for submission to the A.S.F. of reports and other documents established by applicable law.

Categories of persons exempted from quarantine

We find published in the Official Gazette no. 392 of May 14, 2020, Order no. 816/2020 for completing the Order of the Minister of Health no. 414/2020 on the establishment of the quarantine measure for persons in a situation of international public health emergency caused by COVID-19 infection and the establishment of measures to prevent and limit the effects of the epidemic.

The Order of the Minister of Health no. 414/2020 is completed with the categories of persons that are an exception to the provisions regulating the measures of institutionalized quarantine and or home quarantine. Thus, the following categories of persons fall within the legalexception:
a) drivers of vehicles transporting goods with a maximum authorized capacity of more than 2.4 tons, who do not show symptoms associated with COVID-19, in compliance with the legal provisions in force regarding the use of individual protective materials against COVID-19;
b) drivers of passenger vehicles who have more than 9 seats, including the driver’s seat, who do not show symptoms associated with COVID-19, in compliance with the legal provisions in force regarding the use of individual protective materials against COVID-19;
c) drivers traveling in the interest of pursuing their profession in their State of residence in another Member State of the European Union or in another State of the European Union in the State of residence, regardless of whether the journey is made on board the motor vehicle used for the transport of goods / persons or by individual means or on their own account, which do not show symptoms associated with COVID-19, in compliance with the legal provisions in force regarding the use of individual protective materials against COVID-19;
d) locomotive drivers and railway personnel entering Romania in the interest of exercising the profession;
e) flight crew members who have flown from areas covered by the code “YELLOW area” or without epidemiological risk;
f) flight crew members who have flown from areas covered by the code “RED zone” or with an epidemiological risk, who do not disembark from aircraft between flights or wear protective equipment, during the flight, if they disembark from the aircraft between flights;
g) Romanian, maritime and inland waterway personnel repatriating by any means of transport, if at the entry into the country they do not show symptoms associated with SARS-CoV-2 infection and present to the competent authorities “the certificate for international transport workers”, whose model is published in the Official Journal of the European Union, C series, no. 096 I of March 24, 2020;
h) maritime and inland waterway personnel carrying out the exchange of crew on board ships in Romanian ports, regardless of the flag they fly, if at the entry into the country, as well as on boarding / disembarking from the ship, they do not show symptoms associated with SARS infection -CoV-2 and presents to the competent authorities the “certificate for international transport workers”, a model of which is published in the Official Journal of the European Union, C series, no. 096 I of March 24, 2020.

(2) For the record of the movements, the categories of persons mentioned in par. (1) lit. a) -c) shall complete a statement on its own responsibility, the model of which is provided in annex no. 4 which is an integral part of this order.

(3) The personnel provided in par. (1) lit. g) complete a statement on his / her own responsibility regarding the continuous use of personal protective equipment against COVID-19 for the movement from the ship to the location where he / she can be contacted in the next 14 days, the model of which is provided in annex no. 5, which is an integral part of this order. (4) The drivers of goods transport vehicles or persons transiting the territory of Romania are not obliged to complete, upon entering the territory of Romania, the declaration provided in par. (2), if it meets the following minimum conditions:
a) uses only transit corridors and points for crossing the state border located at the ends of these corridors, approved by the Ministry of Transport, Infrastructure and Communications and the Ministry of Internal Affairs, being prohibited from deviating from them;
b) the transit of the Romanian territory is made in a minimum time interval, without exceeding 48 hours from the entry in Romania, including also the parking periods for the normative daily rest;
c) the parking of the vehicle is carried out exclusively in parking lots located on the transit corridors, duly marked.

(5) In case of non-compliance with the conditions provided in par. (4), the driver of the vehicle will be obliged to enter the quarantine for 14 days, bearing the expenses incurred with the quarantine. In this case, the vehicle may be picked up by a representative of the owner. The Order is also completed with two new annexes:
The declaration for drivers of goods vehicles with a maximum authorized capacity of more than 2,4 tonnes, as well as for passenger vehicles with more than 9 seats, including the driver’s seat;
The declaration for the Romanian maritime and fluvial navigating personnel who are repatriating.

The modification of some of the provisions that refer to granting emergency certificates

We can find published in the Official Gazette no. 385 of May 13, 2020, Order no. 1706/2020 on amending the Order of the Minister of Economy, Energy and Business Environment no. 791/2020 on granting emergency certificates to economic operators whose activity is affected in the context of the SARS-CoV-2 pandemic.

In the legal provisions for the TYPE 2 Emergency Certificate (YELLOW), April is included as a reporting basis for reducing the income or revenues of economic operators. Thus, the text of the law is: TYPE 2 (YELLOW) – issued in the form presented in annex no. 2 *), for the applicants requesting its granting based on the declaration on their own responsibility issued in the form presented in annex no. 3, which results in a decrease in revenues or revenues of at least 25% in March or April 2020 compared to the average of January and February 2020. ” The same change is made in Annex no. 3: Self-declaration.

Dragoș Lucian Ivan

Related posts