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Gruia Dufaut Law Office explains the Military Ordinance no. 4 : Tightening of movement restrictions and ceiling of certain products’ prices

The Romanian authorities have adopted the Military Ordinance no. 4 published in the Official Gazette no. 257/29.03.2020, within the context of the state of emergency being declared in Romania, aimed at stemming the spread of Covid-19.

This ordinance brings by new restrictions with respect to the free movement of persons and the confinement regime. Among other provisions, the text also provides for ceiling of prices for carburant, electricity and warm, water, gas and cleaning services.

 

THE FREE MOVEMENT OF PERSONS

 

  • The movement of people older than 65-year is prohibited, except from 11 a.m. to 1 p.m. (for shopping for necessities, mention being made of the fact that shops shall ensure priority access for this age group and limit the access of other age groups) and from 8 p.m. to 9 p.m. for caring for pets or domestic animals but only in the surroundings of homes. For the latest time lapse, no declaration under the sole responsibility is requested.

Free movement of people over 65 is allowed without hourly constraints for medical emergencies and routine care (conditional upon using a personal transport mean or an ambulance).

  • The ban on travelling of groups of more than 3 persons regards only pedestrian traffic.

Here below, a summary of the other main restrictions enacted by the previous military ordinances regarding the free movement of persons:

  • The movement of people from other age categories in banned unless it is for professional reasons or a well-grounded personal emergency;
  • The movement of people over 65 is allowed outside the time lapse hereinabove for professional reasons or for agricultural activities;
  • Team sports are forbidden;

For what is worth, beware that all people moving must produce, upon request of the authorities and as appropriate, the identity card, the certificate issued by the employer or a declaration under sole responsibility.

The declaration under sole responsibility shall include the name and surname, the date of birth, the domicile / work place address, the reason of the travel, the movement time lapse, the date and the signature. Such declaration needs not bear the stamp. The declaration and the certificate issued by the employer may be displayed on an electronic device such as a smartphone, tablet or other similar device.

 

ATTENTION! Pursuant to the provisions of the article 27 of the Emergency Ordinance of the Government no. 1/1999, inobservance of the emergency measures on the free movement of persons shall constitute grounds for disciplinary, civil, contraventional or even criminal liability.

 

ECONOMIC ACTIVITIES 

 

  • Drivers of vehicles over 2,4 tons entering in the country from abroad must choose between three forms of isolation in order to protect their families: (1) use an isolation place set up by the employer, (2) self-isolation at home (3) use a paid up isolation place provided, upon request, by the public authorities. Such choice shall be made upon entering the country by filling in a Declaration under sole responsibility. This measure comes into force on 31 March 2020.
  • Certain economic operators (acting mainly in the energy field) must set up preventive isolation measures / special areas within the working premises, for the staff holding essential positions for the functioning of the production, transport and distribution of electricity and gas, … as to allow continuity of functioning of the National Energetic System, pursuant to the plans for continuing of the activity. Refusal of preventive isolation of the staff concerned shall constitute grounds for disciplinary, civil, contravention or, as the case may be, even criminal liability. This measure comes into force on 31 March 2020.

 

Here below, a summary of the other main restrictions enacted by the previous military ordinances:

 

  • Public institutions and economic operators have the obligation to mark a protection zone of at least 1.5 meters between their customers;
  • The administrators of the agro-alimentary markets shall ensure that the sales activity is carried out in observance of the security distance regulations between the agricultural producers, vendors and purchasers; at the same time, the agricultural producers and the vendors shall wear gloves and masks.
  • The sale activity in the commercial centres is prohibited, except for the sale of food, veterinarian, cleaning, pharmaceutical products, the sale of products and services of optical medicine, the sale of electronic products and home appliances conditional upon the economic operators ensuring home delivery.
  • Dental offices may perform only emergency interventions.

 

OTHER PROVISIONS

  • In order to protect the citizens residing on high human density areas, starting with March 31, public authorities shall install disinfectant facilities at the building’s entries and may carry out disinfecting actions for the halls and the inside of the elevators;
  • All people leaving the isolation or quarantine place without the approval of the competent authorities shall be liable to pay a contravention fine and be subject to a new 14-day quarantine cycle bearing the costs pertaining thereto.

 

Summary of the other main restrictions enacted by the previous military ordinances:

 

  • The validity of all documents due for renewal during the emergency state is maintained and they shall be renewed within the 90-day term following to the expiration of the emergency state;
  • For a more effective enforcement of the restrictions ordered, the army shall assist the police forces;
  • Authorities shall also proceed to the identification and inventory of the homeless and provide accommodation for them.

 

GRUIA DUFAUT LAW OFFICE

ATTORNEYS AT LAW (PARIS & BUCHAREST)

www.gruiadufaut.com

 

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