Our Legal Alerts provide you with information on different legal issues in Romania.
Legal Alert 17 October 2018
New rules governing the financial insurance sector
On October 1st, 2018 the Law no. 236/2018 on insurance distribution entered into force. The law transposes the provisions of Directive (EU) 2016/97 and repeals Law no. 32/2000 on the activity and supervision of intermediaries in insurance and reinsurance.
The regulations issued by the Financial Supervisory Authority (FSA) prior to October 1st, 2018 will continue to apply until the new regulations will be enacted, except for contradictory provisions, where Law no. 126/2018 shall prevail. The FSA is expected to issue in the near future implementation rules for the application of the Law no. 236/2018.
We summarized below some of the key aspects provided by Law no. 236/2018
Legal Alert 17 octombrie 2018
Noi reglementări aplicabile sectorului financiar de asigurări
În data de 1 octombrie 2018 a intrat în vigoare Legea nr. 236/2018 privind distribuția de asigurări. Legea transpune în România Directiva (UE) 2016/97 și abrogă Legea nr. 32/2000 privind activitatea și supravegherea intermediarilor în asigurări şi reasigurări.
Până la emiterea de către Autoritatea de Supraveghere Financiară (ASF) a reglementărilor secundare în aplicarea noii legi se vor aplica în continuare reglementările emise în aplicarea Legii nr. 32/2000, însă numai în măsura în care acestea nu contravin noilor prevederi. ASF urmează să adopte în viitorul apropiat reglementări secundare în aplicarea Legii nr. 236/2018.
Vă prezentăm în continuare o sinteză a aspectelor cheie prevăzute de Legea nr. 236/2018.
Legal Alert 5 octombrie 2018
Modificări aduse cadrului legislativ în materia procedurilor de prevenire a insolvenței și de insolvență
În data de 2 octombrie 2018 a intrat în vigoare Ordonanţa de Urgenţă nr. 88/2018 pentru modificarea şi completarea unor acte normative în domeniul insolvenţei (în continuare, “Ordonanța”), ce aduce unele modificări actualului cadru legislativ în materia procedurilor de prevenire a insolvenței și de insolvență, așa cum le vom detalia în continuare.
Legal Alert 5 October 2018
Amendments brought to the legislative framework regarding insolvency prevention procedures and insolvency proceedings
On October 2, 2018, Emergency Ordinance no. 88/2018, amending and supplementing some normative acts in the field of insolvency (hereinafter "the Ordinance") entered into force. The Emergency Ordinance brought several changes to the current legislative framework on insolvency prevention procedures and insolvency proceedings, which will be detailed below.
Legal Alert 27 - 31 august 2018
Analiza de risc realizată de autoritățile fiscale. Formalități și implicații
În contextul în care, în ultimele două luni, Direcția Generală de Administrare a Marilor Contribuabili (DGAMC) a transmis contribuabililor informări oficiale privind factorii de risc fiscal identificați ca urmare a efectuării analizei de risc, se ridică problema dacă acestea au efecte în plan fiscal și dacă necesită o reacție formală din partea celor din urmă.
Legal Alert 27 - 31 August 2018
Risk analysis performed by the tax authorities. Formalities and implications
Considering the fact that, in the past two months, the General Directorate for the Administration of Large Taxpayers (“DGAMC”) started sending official notifications to large taxpayers regarding some risk indicators used in the risk analysis, the question arises whether these have any fiscal consequences and if it requires a formal reply from the latter.
Legal Alert 8 august 2018
Noi reguli aplicabile serviciilor și activităților de investiții
Legea nr. 126/2018 privind piețele de instrumente financiare care transpune în legislația română Directiva UE nr. 65/2014 privind piețele de instrumente financiare (MiFID II) a intrat în vigoare în iulie 2018. În acest alert, vă prezentăm o sinteză a aspectelor cheie prevăzute de Legea nr. 126/2018.
Legal Alert 8 August 2018
New rules governing the financial services and activities
Law no. 126/2018 on markets in financial instruments that transposes in the Romanian legislation the EU Directive no. 65/2014 on markets in financial instruments (MiFID II) entered into force in July 2018. We summarized in this legal alert some of the key important provisions of the Law no. 126/2018.
Legal Alert 23 - 27 iulie 2018
Legea privind internshipul a fost publicată în Monitorul Oficial, Partea I nr. 626 din 19 iulie 2018
Legea privind internshipul publicată în data de 19 Iulie 2018 stabilește cadrul legal pentru modalitatea de efectuare a programelor de internship plătite de către persoanele care au împlinit vârsta de 16 ani, prin intermediul cărora acestea vor putea dobândi, printre altele, experiență profesională, abilități practice și/sau competențe. Legea reglementează, în principal, următoarele aspecte pe care le detaliem în continuare:
- Cine poate fi intern?
- Care sunt entitățile cu care pot fi încheiate contracte de internship?
- Organizarea programului de internship și contractul de internship
- Cuantumul indemnizației de internship
- Drepturi și obligații ale organizației gazdă
Legal Alert 23 - 27 July 2018
Clarifications on the organization and functioning of the National Office for Centralized Public Procurement
Following the set-up of the National Office for Centralized Procurement (“NOCPP”) by way of GEO no. 46/2018, the Romanian Government brings clarifications on the organization and functioning of the NOCPP by issuing the Government Decision no. 502/2018, published in the Official Gazette no. 614 as of July 17, 2018.
Internship law published on July 19, 2018 within Official Gazette, settles the legal framework for the manner of performing paid internship programs for persons of at least 16 years, by this manner these persons being able to acquire, among others, the professional experience, practical skills and/or competencies.
Legal Alert 16 - 20 iulie 2018
Detașarea lucrătorilor în cadrul prestării de servicii: Principalele modificări aduse Directivei 96/71/CE
Directiva 96/71/CE privind detașarea lucrătorilor în cadrul prestării de servicii a fost modificată prin Directiva 2018/957/UE, publicată pe 9 iulie 2018, în scopul asigurării unui just echilibru între libertatea de prestare a serviciilor în cadrul Uniunii, condițiilor de concurență echitabilă, respectiv protecție socială a lucrătorilor, prin promovarea justiției sociale.
Legal Alert 16 - 20 July 2018
The posting of workers in the framework of the provision of services: Main amendments brought to Directive 96/71/EC
Directive 96/71/EC on the posting of workers in the framework of the provision of services was amended by Directive 2018/957/EU, published on July 9, 2018, in order to ensure that a fair balance is struck between the freedom to provide services within the European Union, loyal competition, respectively the social protection of workers by promoting social justice.
Legal Alert 18 - 22 June 2018
Legal amendments: The company may issue dividends quarterly
Companies may issue dividends quarterly, according to the bill no. 265/2017, adopted by the Romanian Parliament, on June 13.
For this purpose, the bill brings a series of amendments of Accounting Law no. 82/1991, of the Companies’ law no. 31/1990 and of Law no. 1/2005 regarding the organization and functioning of the cooperation.
In order to enter into force, the bill has to be sent to promulgation by the president and to be published in the Official Gazette.
Legal Alert 18 - 22 iunie 2018
Modificări legislative: Societățile vor putea să distribuie dividende trimestrial
Societățile primesc posibilitatea de a distribui trimestrial dividendele, potrivit proiectului de lege nr. 265/2017, adoptat de Parlamentul României pe 13 iunie 2018.
În acest sens, proiectul de lege aduce, după caz, modificări și completări Legii contabilității nr. 82/1991, Legii societăților nr. 31/1990, precum și Legii nr. 1/2005 privind organizarea și funcționarea cooperației.
Pentru a intra în vigoare, proiectul urmează să fie promulgat de președintele României și publicat în Monitorul Oficial.
The Constitutional Court upheld: Women can request the continuation of their individual employment agreements until they reach the age of 65
On 5 June 2018, the Constitutional Court upheld the unconstitutionality of art. 56 letter c) first thesis of Law no. 53/2003 - the Labor Code and ascertained that the provisions thereof are constitutional if the collocation “standard retirement age” is construed as not precluding a woman from requesting the continuation of her individual employment agreement, in conditions identical to men, respectively until she reaches the age of 65.
Decizia Curții Constituționale: Femeile pot solicita continuarea executării contractului individual de muncă până la împlinirea vârstei de 65 de ani
Curtea Constituțională a admis, pe 5 iunie, excepția de neconstituționalitate a dispozițiilor art.56 alin.(1) lit. c) teza întâi din Legea nr.53/2003 - Codul muncii și a constatat că acestea sunt constituționale în măsura în care sintagma „condiții de vârstă standard” este interpretată în sensul în care nu exclude posibilitatea femeii de a solicita continuarea executării contractului individual de muncă, în condiții identice cu bărbatul, respectiv până la împlinirea vârstei de 65 de ani.
The first EU regulations on virtual currency exchanges and wallets
On April 19, the European Parliament approved a directive whereby, among others, provides for the first time at European level a legal framework for virtual-fiat currency exchange platforms and custodian wallet providers.
In addition, the approved directive regulates expressly remote and electronic client identification, thus facilitating the digitalization of customer on-boarding across Europe.
Primele reglementări UE privind platformele de schimb și portofelele electronice de monedă virtuală
Parlamentul European a aprobat, pe 19 aprilie, o directivă care prevede pentru prima dată la nivel european un cadru legal și pentru platformele de schimb de monedă virtuală și furnizorii de portofelele electronice de monedă virtuală.
De asemenea, directiva reglementează expres identificarea clienților la distanță și/sau în mod electronic, facilitând astfel digitalizarea procesului de acceptare a clienților în întreaga Uniune Europeană.
Amendments and completions regarding the method of calculation and the procedure for the approval of the maximum prices of medicinal products for human use
By Order of the Minister of Health no. 407 of 30th of March 2018 (the “Order”) published in the Official Gazette no. 288 of 30th of March 2018, it has been approved the amendment and completion of the Order of the Minister of Health no. 368/2017 approving the Norms regarding the method of calculation and the procedure for the approval of the maximum prices of medicinal products for human use (the “Norms”).
Minor offences provided under labor regulations that are object of the prevention law
Law 270/2017 on prevention provides that the public control authorities have the obligation to apply the sanction of warning and to establish a remediation plan if they ascertain that one of the minor offences expressly regulated by law has been committed.
Legislative proposal in connection with the General Data Protection Regulation – Provisions that derogate from the European rules
The Romanian Parliament drafted a legislative proposal regarding the applicable measures for enforcing the (EU) Regulation 2016/679 issued by the European Parliament and the Council on the protection of natural persons with regards to the processing of personal data (“General Data Protection Regulation”).
New obligation for public constructions operating without a fire safety authorization
The beneficiaries of investments consisting in constructions with public destination operating without obtaining the fire safety authorization are obliged to place notice boards in front of the entrances to the respective areas, with the following content: "This area operates without the fire safety authorization."
Law on public-private partnership, substantial amendments
The architecture of public-private partnership is substantial amended according to the provisions enacted by Emergency Ordinance no. 104/2017 for amending and supplementing Law no. 233/2016 on public-private partnership.
The main amendments consists of:
- New definition of some concepts;
- The possibility for the public partner to finance the investments with financial resources coming from public funds other than post-accession non-reimbursable external funds or their national contribution.
General and specific terms and conditions, together with the contractual framework agreement model, approved in the field of public procurement
Through Government Decision no. 1/2018 approving general and specific conditions for certain categories of procurement contracts related to publicly funded investment objectives, as published in Official Gazette no. 26 of 11 January, 2018, the general and specific terms and conditions, together with the framework agreement model for public or sectoral procurement contracts covering either the performance of works only or both the design and performance of works, have been approved, if such:
- are related to publicly funded investment objectives, including non-reimbursable or reimbursable funds, and
- the estimated total value is equal to or greater than the threshold value provided by art. 7 par. 1 lt. a of Law no. 98/2016, respectively 24,977,096 lei.
Legislative proposal regarding the authorization of the execution of construction and demolition works
The new proposal for the law regarding the authorization of the performance of construction and demolition works aims to replace Law no. 50/1991, restructuring the law and bringing forward a series of substantial changes.
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.
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, 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
 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.
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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.
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The draft of food commerce law commented by specialists of Deloitte and Reff & Associates
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.