In the Official Gazette number 1330 of December 31, 2020 was published EMERGENCY ORDINANCE (OUG) no. 224 of December 30, 2020 on some measures for providing financial support for tourism enterprises, accommodation structures, food structures and agencies tourism, whose activity was affected in the context of the COVID-19 pandemic, as well as regarding some fiscal measures
The present emergency ordinance establishes the legal framework regarding the establishment of a state aid scheme regarding the granting of financing from national public funds and / or from external funds for tourism enterprises, tourist reception structures with accommodation functions, accommodation structures, food and travel agencies, whose activity was affected in the context of the COVID-19 pandemic, as well as the regulation of fiscal measures.
The state aids granted on the basis of this scheme are compatible with the common market on the basis of Art. 107 para. (3) letter. (b) from TFUE, as interpreted by section 2 and section 3.1 of the European Commission Communication – Temporary framework for state aid measures to support the economy in the (2020/C91I/01), with subsequent amendments (C(2020) 2215 from 3. April 2020, C(2020) 3156 from 8. Mai 2020, C(2020) 4509 from 29 June 2020 and C(2020) 7127 from 13. October 2020), and are granted after the communication, by the European Commission, of the authorization decision.
The aid is granted to the beneficiaries in the form of grants in order to partially cover, in the amount of 20%, the loss of turnover or turnover, in the case of travel agencies, resulting from the activities related to the CAEN codes listed in art. 3 para. (2), suffered in 2020, compared to 2019.
The maximum amount of state aid that can be granted to a beneficiary through this scheme is 800,000 euros / enterprise. The figures used must be gross, before deducting taxes or other charges.
The euro / leu exchange rate for calculating the maximum ceiling of 800,000 euro / enterprise is the exchange rate of the National Bank of Romania valid at the date of issuing the financing contract.
The beneficiaries of the state aid scheme are the enterprises that meet, at the date of submitting the financing application, the eligibility conditions provided in the state aid scheme, including those imposed by the legislation in the field of state aid.
The beneficiaries of this scheme are the licensed travel agencies that carry out activities according to the CAEN codes 7911, 7912, 7990, tourist reception structures with classified accommodation functions, which carry out activities according to CAEN codes 5510, 5520, 5530, 5590, food structures, which carry out activities according to the CAEN codes 5610, 5621, 5629, 5630, which are registered for fiscal purposes on the Romanian territory.
The aid may be granted to enterprises that are not in difficulty, within the meaning of the definition in art. 1 para. (3) letter i) and / or enterprises that were not in difficulty on December 31, 2019, but that faced difficulties or entered into difficulty later, due to the COVID-19 epidemic.
By way of exception to the provisions of paragraph (3), the aid may be granted to micro or small enterprises within the meaning of Annex I to the General Block Exemption Regulation, Regulation (EU) No 1095/2010 of the Commission Regulation (EC) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market pursuant to Articles 107 and 108 of the Treaty, which were already in difficulty on 31 December 2019, provided that it is not the subject of a collective insolvency under national law and not having received rescue aid or restructuring aid.
In order to be eligible for aid, it is necessary that, at the time of granting the aid under this emergency ordinance, the economic operators provided in para. (4) who received rescue aid to have repaid the loan or to have terminated the guarantee, and the economic operators who received restructuring aid to no longer be subject to a restructuring plan.
Beneficiaries are not subject to a decision issued by the European Commission / other State aid provider / Competition Council for recovery of State aid / de minimis or, if they have been the subject of such a decision, it has already been enforced and the receivable fully recovered, with the related interests.
Beneficiary companies must also meet the following conditions to be eligible:
- hey have not received any other aid according to section 3.1 of the Communication or, if they have received, the aid received added to the one received under this scheme does not exceed 800,000 euros;
is not insolvent at the time of enrollment in the state aid scheme.
The amounts related to the state aid scheme are ensured from the state budget through the budget of the Ministry of Economy, Entrepreneurship and Tourism, within the budgetary provisions approved for this purpose and / or from external funds.
Through the state aid scheme, state aid is granted to an estimated number of 73,211 beneficiaries, out of which 15,168 accommodation structures, 52,583 food structures and 5,460 travel agencies.
The signing of the financing contract with the beneficiary within the scheme will be made until June 30, 2021 at the latest, and the payment of the amounts within 30 days from the signing of the financing contract, in compliance with art. 1 para. (2).