Measures regarding the obligation of the green certificate

Following recent legislative changes, the presentation of the green certificate has become mandatory, starting with October 25, at the entrance to most public institutions. We mention that there are a number of exceptions to this rule.

Thus, according to the Government Decision (HG) 1161/2021 (published in the Official Gazette (MO) no. 1017 / 25.10.2021), normative act amending HG 1130/2021 (which contains the restrictions imposed from October 25):

“Access of persons, except employees, participants in judicial, disciplinary, contraventional, administrative-jurisdictional and administrative proceedings for reasons of public order and safety, persons in need of medical services and social benefits, as well as persons who presents to the vaccination centers in order to administer a dose of vaccine, in the premises of central and local public institutions, autonomous utilities and economic operators with public capital is allowed only to those who prove vaccination against SARS-CoV-2 virus and for whom they have passed 10 days after the completion of the complete vaccination schedule, which shows the negative result of an RT-PCR test for SARS-CoV-2 virus infection not older than 72 hours or the certified negative result of a rapid antigen test for SARS-virus infection CoV-2 not older than 48 hours, respectively which is in the period between the 15th day and the 180th -the day after confirmation of infection with the SARS-CoV-2 virus. “

Thus, taking into account the new provisions, the access in most state institutions is made, from this week, only on the basis of the green certificate. For persons who do not hold this document or any other document certifying one of the three conditions provided in the aforementioned legal provision, the services offered by public institutions will be offered outside the buildings: “public institutions and economic operators will take the necessary measures to ensure access of citizens to public services provided, in urgent situations (for example: issuance of death certificate, birth certificate and the like) and persons who do not prove vaccination, testing or cure of SARS-CoV-2 virus infection, by organizing the activity in the online environment, in open spaces, at counters arranged directly outside the buildings or in any other conditions that ensure the observance of the measures to prevent the spread of SARS-CoV-2. ”, according to HG 1130/2021.

We remind you that, according to a recently published normative act (Joint Order of the Ministry of Health and the Ministry of Interior no. 2282/156 / 25.10.2021), wearing a mask is mandatory in all public spaces, regardless of the COVID-19 infection rate, from a locality.

We emphasize the fact that, unlike HG 1130/2021, made official in MO no. 1013 / 22.10.2021, in HG 1161 of 25.10.2021 there are also a series of exceptions from the obligation to present the green certificate.

The obligation to present the proof of vaccination or cure at the entrance to the malls exists from 25.10..2021, according to the provisions of HG 1161/2021.

Please note that the measure does not apply to people who come to vaccination centers in order to administer a dose of vaccine, if dedicated and controlled colors of entry, movement and exit are established, or for public services communication inside the centers is allowed access to persons who presents a negative result of a PCR test or quickly through a document in physical or electronic format.

It is very important to mention that the obligation to present the green certificate does not refer to the employees from the shopping centers, they will present the service card or the employee certificate, according to some information of the Secretary of State in the Ministry of Internal Affairs.

Please note that access based on the green certificate is exempt for those who need medical services. As in the case of medical services, access to courts is not restricted.

Thus, the activity of the courts and prosecutor’s offices attached to them will be carried out in the same conditions as before, both in terms of the act of trial and prosecution, and in terms of access of litigants in their premises, respecting the rules of protection and limiting the effects of the pandemic.

According to a recent statement, the Secretary of State in the Ministry of Interior said that in order to raise the pension or other social benefits, such as child benefits, the green certificate will not be required at public institutions.

Even the Romanian National Post Company announced, through a press release published on its website, that it will allow access to all its customers in the post offices, without requesting the green certificate:

“All Romanian Post customers, who have problems to solve at the post offices, can enter our subunits without presenting the green certificate. Retirees and parents can raise their pensions and allowances as they have done so far “, specify the representatives of the institution, who also remind some precautionary measures that must be observed by the people who enter the post offices:

 

  • to wear the protective mask correctly (covering the mouth and nose);
  • to disinfect his hands, both at the entrance and at the exit;
  • to respect the rule of one person inside the post office;
  • to respect the social distance, of at least 2 m between people, when waiting at the entrance

 

Due to the nature of its activity as a provider of universal postal services, Romanian Post is exempted, in accordance with art. 12, par. (8) of the Annex to HG 1130/2021 from the provisions of the Decision for amending the annexes no. 2 and 3 to the Government Decision no. 1,090 / 2021 regarding the extension of the alert state on the Romanian territory starting with October 10, 2021, as well as the establishment of the measures that will be applied during it to prevent and combat the effects of the COVID-19 pandemic. ”

We specify that the National Agency for Fiscal Administration (ANAF) also announced, through a communiqué, that only persons who meet one of the conditions provided by the green certificate have access inside the tax offices: healing, vaccination or testing.

People who will not have this green certificate will be able to access the services of public institutions online, but also in open spaces through counters arranged directly outside the buildings.

ANAF reminded that the fiscal obligations can be fulfilled also through the online means of communication, through the Virtual Private Space (SPV) or through the e-guvernare.ro website. In addition, payments can be made through ghiseul.ro or by bank transfer.

The National Office of the Trade Register (ONRC) announced, through a communiqué dated October 26, that the access to the subordinated institutions is made, as of today, only for the persons who meet the conditions for the green certificate.

“Starting with October 25, 2021, during the alert state, access to the institution (ONRC headquarters, ORCT headquarters and territorial offices), except for employees, is allowed only to individuals who prove vaccination through the digital certificate of the Union On COVID-19, on paper or in electronic format, as appropriate, of the document attesting to the disease between the 15th and 180th day or the negative result of an RT-PCR test for infection with the SARS virus- CoV-2 not older than 72 hours or the certified negative result of a rapid antigen test for SARS-CoV-2 virus infection not older than 48 hours;

Thus, the proof of vaccination, cure or testing must be presented together with the identity card of the security guard or of the person specially designated for this purpose at the entrance of the institutions.

For persons who do not meet these conditions and can not use the electronic services of ONRC, will be located outside the institutions in the immediate vicinity of the main entrance, collection / release points such as counter, in compliance with the rules for preventing SARS-CoV virus 2.

We specify that the exception to these rules are lawyers who will be able to enter the ONRC offices based on the lawyer’s card, up to date, accompanied by the power of attorney.

 

Legal basis:

https://www.posta-romana.ro/a1496/stiri/posta-romana-permite-accesul-tuturor-clientilor-sai-in-oficiile-postale-fara-a-solicita-certificatul-verde.html

HG 1130/2021 for the modification of the annexes no. 2 and 3 to the Government Decision no. 1,090 / 2021 regarding the prolongation of the alert state on the Romanian territory starting with October 10, 2021, as well as the establishment of the measures that are applied during it for the prevention and combating of the effects of the COVID-19 pandemic;

HG 1161/2021 for the amendment and completion of annexes no. 2 and 3 to the Government Decision no. 1090/2021 regarding the extension of the alert state on the Romanian territory starting with October 10, 2021, as well as the establishment of the measures applied during it to prevent and combat the effects of the COVID-19 pandemic;

CNSU Decision 94/2021 regarding the establishment of additional measures necessary to be applied during the alert state for preventing and combating the effects of the COVID-19 pandemic;

https://www.onrc.ro/index.php/ro/

www.anaf.ro