Emergency Ordinance (O.U.G.) no.130_2020 approved and amended by Law no.220_2020

O.U.G. no. 130/2020 on some measures for providing financial support from non-reimbursable external funds, related to the Competitiveness Operational Program 2014-2020, in the context of the crisis caused by COVID-19, as well as other measures in the field of European funds was approved by Law no.220 / 2020 published in the Official Gazette no. 1011 of October 30, 2020, a law that was promulgated by the President of Romania by Decree no. 814/2020. On this occasion, a number of changes were made to the original form of the ordinance, as follows:

  • Introduction in the category of beneficiaries for all measures of Non-governmental organizations (ONG) with economic and sports activity
  • Micro-grants granted from non-reimbursable external funds

o The introduction in the category of beneficiaries of micro-grants of other professionals, as defined in the Civil Code approved by Law no. 287/2009 and who carry out liberal professions regulated by acts with the force of law, in one of the fields of activity provided in annex no. 1

o Amendment of the title of Annex no. 1, respectively “Areas of activity eligible for Self-employed person PFA / ONG with economic and sports activity [art. 5 paragraph (1) letter b)] within measure 1″ Microgrant for working capital ” “and the introduction of new CAEN codes, as provided in Annex 1 of the law.

  • Grants for working capital
  • Introduction of new fields of activity: viticulture and distribution of goods;
    o Grants for working capital and NGOs with economic activity in the fields of culture and sports, as well as those of public utility in the social field
  • Eligible for accessing working capital grants and companies or NGOs engaged in trade fairs and events, IT, technology, digital, financial education, strategy and management, which did not qualify for the certificate due to the specifics of their activity (ie annual organization, with the concentration of revenues only in a certain period of the year, not only in the first half of the year, period taken into account for establishing the percentage of decrease of at least 25% provided as a condition issuance of the emergency certificate). In this case, the 25% decrease required for the issuance of the emergency certificate will be calculated taking into account the fiscal year 2020 compared to fiscal year 2019 or, as the case may be, semester 1 and semester 2 respectively 2020 compared to 2019 . “
  • Introduction of new CAEN codes by completing Annex 2

 

  • Grants for investitions granted to small and medium enterprises (IMM)
  • Inclusion in the category of beneficiaries of investment grants in areas of activity such

as:

  • viticulture;
  • services for organizing fairs, events and exhibitions (CAEN code 8230).
  • Granting grants for investments and NGOs with economic activity in the cultural field, as well as those of public utility in the social field;
  • Modification of the selection criteria for financing investment projects, provided in annex no. 4, which include:
  • field of activity (CAEN class) in which the investment / belonging of the field of activity is made – CAEN code – to the trade balance. Priority will be given to areas of activity in which in 2019 imports were higher than exports and had a contribution to the negative balance of trade;
  • human resources existing at the time of online registration; economic-financial forecasting as a result of the implementation of the project, at the end of the second complete financial year, after the implementation of the investment;
  • the economic-financial capacity of the applicant in the financial year prior to the submission of the financing application;
  • contribution to the achievement of secondary objectives.
  • Introduction of new CAEN codes by completing annex no.3;
  • Modification of the financing selection criteria for investment projects related to measure 3 of the Evaluation Grid, set out in Annex 4, as follows:

Field of activity (CAEN class) in which the investment / belonging to the field of activity is made – CAEN code – to the balance of trade

  1. a) The field of activity contributes negatively to the balance of trade15 points
  2. b) The field of activity contributes positively to the balance of trade 5 points
  3. Human resources existing at the time of online registration
  4. a) The company has at least 2 employees at the time of online registration 10 points
  5. b) The company has at least one employee at the time of online registration 5 points
  6. c) The company has no employees at the time of online registration 0 points
  7. Economic-financial forecasting following the implementation of the project, at the end of the second complete financial year, after the implementation of the investment

3.1. Overall solvency ratio (Total assets / Total liabilities)

  1. a) ≥ 3 10 points
  2. b) ≥ 2 and < 3 7 points
  3. c) ≥ 1 and < 2 3 points
  4. d) < 1 0 points

3.2. Financial rate of return – ROE (Net income / Equity)

  1. a) ≥ 7% 10 points
  2. b) ≥ 6% and < 7% 7 points
  3. c) ≥ 5% and < 6% 3 points
  4. d) < 5% 0 points
  5. The economic-financial capacity of the applicant, in the financial year prior to the submission of the financing application

   4.1. Overall solvency ratio (Total assets / Total liabilities)

  1. a) ≥ 2 10 points
  2. b) ≥ 1,5 and < 2 7 points
  3. c) ≥ 1 and < 1,5 3 points
  4. d) < 1 0 points

4.2. Financial rate of return – ROE (Net income / Equity)

  1. a) ≥ 5% 10 points
  2. b) ≥ 3% and < 5% 7 points
  3. c) ≥ 1% and < 3% 3 points
  4. d) < 1% 0 points

4.3. Non-reimbursable financing coverage rate (Net result in year N / Requested non-reimbursable financing)

  1. a) ≥ 30% 15 points
  2. b) ≥ 20% and < 30% 10 points
  3. c) ≥ 10% and < 20% 5 points
  4. d) < 10% 0 points
  5. Contribution to the achievement of secondary objectives

5.1. The investment includes measures to improve the quality of the environment and increase energy efficiency – Use of renewable energy sources

  1. a) Yes, the project includes such 5 points measuresb) Nu, proiectul nu include astfel de măsuri 0 points

5.2. Purchase of more energy efficient equipment (including efficient lighting in production spaces). Optimizing the operation of installations and technological flows

  1. a) Yes, the project includes such 5 points measures
  2. b) No, the project does not include such 0 points measures

5.3. Minimization at source of generated waste. Increasing the recovery and recycling of waste
a) Yes, the project includes such 5 points measures

  1. b) No, the project does not include such 0 points measures

5.4. Adaptation of infrastructure, including equipment and machinery for access and operation by persons with disabilities

  1. a) Yes, the project includes such 5 points measures
  2. b) No, the draft does not include such measures.