Amendment of Emergency Ordinance (OUG) 130/ 2020

Communication of the Commission – Fourth Amendment to the Commission was published in the Official Journal of the European Union on 13 October 2020: Temporary framework for State aid measures to support the economy in the context of the current COVID-19 epidemic and amending the Annex to the Communication from the Commission to the Member States on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to short-term export credit insurance 2020/C 340 I/01), extending the measures for the granting of grants, provided for in the temporary framework, until 30 June 2021.

As a result of the amendments introduced by Law no. 220/2020, the Government of Romania amends the Government Emergency Ordinance 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 by Government Emergency Ordinance no. 199/2020, published in the Official Gazette no. 1108 / 19.11.2020.

The normative act introduces the following amendments and completions:

  • Amendment of Art.5 para.(1) lett.(b) in order to expand the category of beneficiaries of microgrants, thus: PFA/ Individual enterprises / Family enterprises, other professionals, as regulated by Art. 3 para. (2) Law no. 287/2009 Civil Code, – republished, as subsequently amended, who pursue liberal professions regulated by laws and regulations and Non-governmental organizations (ONG) with economic activity in one of the fields of activity provided in annex no. 1, as amended by Law no. 220/2020;
  • The introduction in the sphere of micrograt beneficiaries, of small and medium enterprises that prove through the financial statements submitted that they do not have employees with individual employment contract on December 31, 2019, which were established in 2019, and have a turnover less than 5,000 euros, and for which the minimum turnover ceiling is calculated by multiplying the number of full months of activity in 2019 by the amount of 415 euros
  • Increasing the funds allocated for grants for working capital from 350,000,000 euros to 067.095.588 euro, from which 765.000.000 euro non-reimbursable external funds and 142.031.250 euro funds from the state budget and co-participation of 160.064.338 euro from beneficiaries, for funding applications submitted by 28 October 2020 inclusive, having regard to the submission of 22,226 applications, with a total value of EUR 630 million, in line with requests to the State Aid Administrator, namely the Ministry of the Economy, Energy and the Business Environment;
  • The budgets for the forms of support in the form of working capital grants and productive investment grants are indicative and can be relocated between the types of measures according to the needs of SMEs and under the conditions in the total allocation of measures in this ordinance.urgency, within the limits of the allocations for this purpose in the POC and the REACT-EU funding facility.

Modification and / or completion of the State aid scheme – Support for SMEs takes effect from the date of communication by the European Commission of the authorization decision.

Within 10 days of the date of authorization by the European Commission of any amendments and / or additions to the State aid scheme – Support for SMEs, by joint order of the Minister for European Funds and the Minister for the Economy, Energy and the Environment their implementation is approved.

Till authorization, the granting of financial support from non-reimbursable external funds shall be made in accordance with the State aid scheme approved by Decision C (2020) 4,286 of 27 August 2020.