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Legal Alerts

2017

Our Legal Alerts provide you with information on different legal issues in Romania.

Competition Council Guidelines on competition compliance – Importance and benefits

On December 8, 2017, the Competition Council published the Guidelines on Compliance with Competition Rules (Guidelines) that includes a set of best practices with regard to the implementation of an effective competition compliance program.

The Guidelines is addressed to all type of undertakings (both multinational corporations and SMEs), regardless of their field of activity.

National gross minimum salary, increased by the Government

The national gross minimum salary will be increased from 1,450 lei to 1,900 lei per month starting January 1, 2018. The Government Decision was adopted also in the context of the transfer of social security contributions to the employee.

Obligation of the employers to initiate collective negotiations and other changes regarding pensions and social allowances, approved by the govern

The main amendments approved through Emergency Ordinance 82/2017 are:

  • The increase in the value of a pension point
  • An increase in social allowance for pensioners
  • A decrease in the rate of contribution to private pension funds (Pillar II)
  • Amendment for the calculation method used to determine the minimum amount granted as monthly child allowance
  • The obligation of all employers, even of employers that already have a collective labor bargaining agreement, to initiate collective negotiations with a view to implement the provisions of the Emergency Government Ordinance no. 79/2017 (regarding the transfer of social contributions)

Financing Programme for the RO-LA type transport programme

On November 9th 2017 Order no. 1378 of the Deputy Prime Minister and of the Minister of the Environment approving the Financing Programme for the RO-LA type transport programme ("the Programme") came into force.

On October 3 2017, Article 29 Working Party[1], in view of ensuring harmonized application of the Regulation regarding Protection of Personal Data starting by 25 May 2018, adopted the following guidelines:

  • Guidelines on the application and setting of administrative fines for the purpose of the Regulation 2016/679
  • Guidelines on personal data breach notification under Regulation 2016/679
  • Guidelines on automated individual decision-making and profiling for the purposes of Regulation 2016/679

 

[1] European entity established under the basis of the present Directive regarding Data Protection, entity that is giving advices, issuing recommendations and opinions about protection of individuals in regard of processing personal data at EU level

More details on the application of the General Data Protection Regulation

The National Authority for the Supervision of Personal Data Processing issued on 21st of September 2017 the Guidelines for the Application of the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (”General Data Protection Regulation”).

Tax Procedure Code: The impact of the most recent amendments for the taxpayers

Multiple amendments to the Tax Procedure Code have been recently approved by Government Ordinance no. 30/2017. The new amendments with significant impact refer to:

  • Third party’s joint liability with the debtor
  • Liability of the person with liberal activities
  • Interaction between tax authorities and taxpayers during administrative procedures
  • Tax inspections
  • Tax incentives, respectively the possibility of rescheduling tax liabilities
  • Enforcement procedures and legal remedies to suspend this procedure
  • The precautionary measures
  • The procedure for solving the tax appeal
  • Collaboration between the tax authorities within the EU

 

Labor Code: Changes Impacting Employers

Amendments to the Labor Code by Emergency Ordinance no. 53/2017, published on August 7, 2017, have as their primary purpose the fight against undeclared work and mainly target:

  • Define the concept of undeclared work;
  • The sanctioning regime;
  • Introducing new obligations for employers.

Significant changes brought by Law no. 186/2007 for the amendment and completion of Law no. 18/1991 on the land resources

The new provisions under Law no. 186/2017 set forth amendments mainly concerning the procedure for change of the use category pertaining to arable lands, as well as the legal prerequisites for the final or temporary removal from the agricultural circuit of the arable lands located outside the urban boundaries.

Additionally, the new legislation includes specific provisions on the obligation of returning into the agricultural circuit of arable land temporary removed, as well as on non-agricultural energy crops. Amendments are also implemented in relation to the regime of contraventions by providing new sanctioned deeds, changing the amount of fines and the applicable conditions on sanctioning.  

The conditions of issuance of the European Unique Identifier (EUID)

The Order of the Ministry of Justice regarding the approval of the EUID structure for the professionals registered with the Trade Registry and the standard model of the registration certificate is currently under public debates and is expected to be approved and enter into force starting with 7 July 2017.

The deadline until when the fire safety authorization must be obtained for the constructions and establishments that were operated without such authorization was extended until 30 September 2017

On 26th of June 2017, the President of Romania promulgated the Law on the approval of the Government Ordinance no. 17/2006 for the extension of the term provided by art. 30 par. (41) of Law no. 307/2006 on fire protection.

Upcoming Deloitte events

Summer Banking Academy - event organized by Deloitte and Reff & Associates in partnership with Romanian Bank Institute

A new Regulation regarding the reception of construction works and corresponding installations shall enter into force on 29 July 2017

The Regulation dated 18 May 2017 regarding the reception of construction works fully replaces the Regulation for reception of construction works and installations dated 14 June 1994. The Regulation brings some welcome changes related to constructions, as well as some clarifications regarding aspects previously regulated.

The deadline for complying with the risk analysis for physical security applicable to companies falling under the provisions of Law 31/1990 and other legal entities is approaching 

Until 1st July 2017 the latest, the companies falling under the provisions of Law 31/1990 and other legal entities have the obligation to prepare the risk analysis for physical security. The deadline was established through Decision no. 1002/2015 regarding the modification and completion of Government Decision no. 301/2012 for the approval of Methodological Norms for the application of Law 333/2003 regarding the security of objectives, assets, valuables and the protection of persons. 

Posting of employees in the framework of transnational provision of services on the territory of Romania, clarifications

Some aspects regarding the posting of employees in the framework of transnational provision of services on the territory of Romania were clarified by methodological norms (Decision no 337/2017). For example, the norms present some factual elements to be taken into account by the Labor Inspection in order to identify the existence of actual transnational postings.

Regulation for issuing licenses in the sector of centralized heat supply system was approved

The Regulation for issuing licenses in the sector of centralized thermal energy supply system was approved through Order no. 28, published in the Official Gazette of Romania no. 271 dated 19 April 2017.

Producers investing in renewable energy can benefit from two new support schemes

Up to 90 companies investing in in the area of energy production from biomass, biogas or geothermal energy resources or in the area of high efficiency cogeneration based on gas, biomass and residual gas can benefit from two new support schemes with a cumulated value of 182 million euro. The maximum grant for a project in both schemes is 15 million euro.

Tax & Legal in mass media

The draft of food commerce law commented by specialists of Deloitte and Reff & Associates

Posting of workers: New regulations and obligations for employers

Employers who post employees for business purposes in the European Union, EEA or the Swiss Confederation in the transnational provision of services will have to fulfil additional obligations once Law 16/2017 entries into force.

Pre-insolvency & Insolvency Guide - A guide for companies with cross-border activities

Complete and prompt information about the insolvency law applicable to each European country can facilitate decisions that are crucial in crisis situations for the financial situation of companies that have relationships with external partners or have extended their operations in other countries. That is why more than 50 specialists from Deloitte Legal network around 19 European countries have analyzed and synthesized the legal provisions and cross-border insolvency proceedings in Pre-insolvency & Insolvency Guide, which you can see on Deloitte website.

Order no. 96/2016 for the approval of the performance criteria for the establishment, appointment and equipping of the voluntary and private services for emergency situations

Order no. 96/2016 for the approval of the performance criteria for the establishment, appointment and equipping of the voluntary and private services for emergency situations has replaced the following orders, which have been repealed as of the date of entering into force of the present order. The repealed orders are: Order no. 158/2007 for the approval of the performance criteria for the establishment, appointment and equipping of the private services for emergency situations, Order no. 718/2005 for the approval of the performance criteria regarding the organizational structure and the equipping of the voluntary services for emergency situations and Order no. 250/2010 regarding the organization and conduct of the training schedules of the prevention specialists part of the voluntary services for emergency situations.

New rules governing the activity of the real estate developers and their reporting obligations 

By way of background, on 30 September 2016, the Emergency Government Ordinance no. 52 as of 14 September 2016 on credit agreements for consumers relating to immovable property and on the amendment of the Emergency Government Ordinance no. 50/2010 on credit agreements for consumers entered into force, regulating, among other aspects, the activity and the registration with the National Authority for Consumer Protection of the real estate developers.

The registration procedure in the Registry of the Ministry for Economy, Trade, Industry and the Business Environment of the economic operators authorised to perform waste recovery operations was adopted

According to Law no. 211/2011 on the regime of waste, the economic operators that perform waste recovery operations have the obligation to register at the Ministry for Economy, Trade, Industry and the Business Environment.

The adoption of Order no. 1422/2016 which regulates the procedure of registration in the Registry of the economic operators authorised to perform waste recovery operations contributes to the clarification and improvement of the legal framework applicable in the domain of waste, including that of the packaging waste.

The Draft Order for the approval of the form and content of the ”Declaration regarding the obligations owed to the Environmental Fund” is subject to public debate

On 16 January 2017, following the latest legislative amendments performed regarding the contributions and taxes owed to the Environmental Fund, the Ministry of Environment has put under public debate the Draft Order for the approval of the form and content of the ”Declaration regarding the obligations due to the Environmental Fund”, which is envisaged to be enforced, in order to ensure the alignment of the legal framework applicable to the Environmental Fund obligations.

Brief overview of the Guidelines issued by Article 29 Data Protection Working Party on Data Protection Officers

On 13 December 2016, Article 29 Data Protection Working Party (“WP29”) adopted the Guidelines on Data Protection Officers (“DPO’s”).

The Guidelines are aimed at clarifying the relevant provisions of the GDPR in order to help controllers and processors to comply with the law but also to assist the DPO’s in their role. The Guidelines also provide best practice recommendations building on the experience gained in some EU Member States.

New Methodology for the computation of contributions, taxes, penalties and other amounts owed to the Environmental Fund entered into force

On December 29, 2016, a new Methodology for the computation of contributions, taxes, penalties and other amounts owed to the Environmental Fund (the “New Methodology”) was published in the Official Gazette of Romania and entered into force on the same day. The New Methodology was approved by Order of the Minister of the Environment, Waters and Forests No. 2413/2016 for the amendment of Order No. 578/2006 and was published in the Official Gazette of Romania No. 1064/2016.