DOCUMENT Text of military ordinance 8 – Coronavirus

• See OM8 in the attached document

„MILITARY ORDINANCE no. 8, of 04.09.2020, on measures to prevent the spread of COVID-19

Considering the provisions of art. 24 of the Government Emergency Ordinance no. 1/1999 on the state of siege regime and the state of emergency regime, published in the Official Gazette of Romania, Part I, no. 22 of January 21, 1999, approved with modifications and terminations by Law no. 453/2004, as amended and subsequently supplemented,

Taking into account the evaluation carried out by the National Committee for Special Situations of Emergency, approved by Decision No. 19 of 09.04.2020,

In accordance with art. 4 paragraph (2) and (4) of Decree of the President of Romania No. 195/2020 on the establishment of a state of emergency at the national level, published in the Official Gazette of Romania, Part I, no. 212 of March 16, 2020, from points 1 to 4 of annex no. 2 to the same decree and art. 20 lit. n) of the Government Emergency Ordinance nº 1/1999, modified and later supplemented,

The Minister of the Interior issues the following Military Ordinance:

• article 1 – (1) Movement outside the home / home of commercial fishing permit / permit holders in the Danube / inland waters / Black Sea is permitted for the purpose of commercial fishing and aquaculture activities,
• as well as for the valorisation / commercialization of the products resulting from these activities.
• (2) Movement outside the beekeepers’ dwelling / home is permitted to / from the location of the hive or for movement of the hive. The beekeeper’s quality test is performed using the certificate containing the hive code issued by the county animal husbandry offices, or by any other document that proves the beekeeper’s quality and the ownership of the hives.
• (3) Moving out of the home / home is permitted for the purchase of vehicles, auto parts, and auto repair services.
• (4) The provisions of article 4 of Military Ordinance n. ° 3/2020 on measures to prevent the spread of COVID-19 will be applied accordingly.
• (5) In the declaration under their own responsibility, the persons mentioned in paragraphs (1) and (2) mention, as a reason, the movement in professional interest, and the persons mentioned in paragraph (3) mention, as a reason, the move to secure assets. that covers the basic needs of people.
• (6) The measures will apply from the date of publication of this military ordinance in the Official Gazette of Romania, Part I.
• article 2 – (1) The measure to suspend flights by air operators to Spain and from Spain to Romania extends for a period of 14 days, starting on April 14, 2020.
• (2) The measure provided in par. (1) does not apply to flights carried out with state aircraft, cargo and mail, humanitarian or emergency medical services, as well as non-commercial technical landings.
• (3) The measure provided for in paragraph (1) will also apply after the duration for which the state of emergency is established by Decree of the President of Romania n. ° 195/2020, only if the state of emergency extends throughout the territory of Romania and if in the decree of extension The state of emergency maintains the competence of the Minister of the Interior to establish, by military ordinance, the gradual prohibition of air traffic on different routes.
• article 3 – (1) Agri-food markets remain open throughout the emergency period, strictly for farmers who present an agricultural producer certificate, with the obligation to respect measures to prevent the spread of COVID-19.
• (2) Agricultural producers can move from the place of production of agri-food products to the agri-food market and access it, based on a declaration under their own responsibility and the manufacturer’s certificate.
• (3) The plant protection units remain open during the emergency period, their personnel have the obligation to comply with the measures to prevent the spread of COVID-19.
• (4) The measures will apply from the date of publication of this military ordinance in the Official Gazette of Romania, Part I.
• article 4 – (1) In accordance with annex number 1 of this military ordinance, the temporary closure of the total or partial closure of state border points established by the National Committee for Decisions of Special Situations will be extended, in accordance with annex number 1 of this military ordinance. Emergency no.8 / 2020 and no.12 / 2020.
• (2) The measure will apply from the date of publication of this military ordinance in the Official Gazette of Romania, Part I
• article 5 – (1) Cross-border workers who, upon entering Romania from Hungary, do not have symptoms of COVID-19 are exempt from isolation measures at home or in quarantine.
• (2) Cross-border worker means the person who demonstrates that he lives and works within a radius of 30 km on one side or the other of the Romanian-Hungarian state border, calculated from the closest border crossing point open to traffic. of people who return home at least once a week.
• (3) The Romanian-Hungarian state border crossing points through which entry to Romania is permitted under the conditions of paragraph (1) are as follows: Cenad, Nădlac, Turnu, Vărşand, Salonta, Borș, Săcuieni , Urziceni and Petea.
• (4) Through the Romanian-Hungarian state border crossing points provided for in paragraph (3), the entry / exit of cross-border workers with agricultural machinery and machinery is also allowed.
• (5) In case of non-compliance with the conditions stipulated in par. (2), the people involved are quarantined for a period of 14 days, assuming the expenses incurred with their quarantine.
• (6) The measures will apply from the date of publication of this military ordinance in the Official Gazette of Romania, Part I.
• article 6 – (1) People who enter Romania to carry out installation, commissioning, maintenance, service of medical equipment and equipment are exempt from the home isolation / quarantine measure, if they have no symptoms associated with COVID- 19 and test the reports. contracts with the beneficiary / beneficiaries of the territory of Romania.4
• (2) The provisions of paragraph (1) shall also apply to the scientific, economic, defense, public order and national security fields.
• (3) The measures will apply from the date of publication of this military ordinance in the Official Gazette of Romania, Part I.
• article 7 – (1) During the state of emergency, the export of agri-food products from the list provided in Annex n. ° 2 of this military ordinance is prohibited / suspended.
• (2) The procedures for the export of agri-food products provided in paragraph (1), which are in progress on the date of entry into force of this military ordinance, will be suspended during the emergency period.
• (3) During the state of emergency, the activity of issuing phytosanitary certificates for the export of agri-food products from the list provided in annex no.2 of this military ordinance is suspended.
• (4) The measures will apply from the date of publication of this military ordinance in the Official Gazette of Romania, Part I.
• art.8 – (1) The intra-community acquisition of agri-food products from the list provided in Annex n. ° 2 can only be carried out if the Member State demonstrates that the products purchased are intended for own or Community consumption, and not for export.
• (2) The measure will apply from the date of publication of this military ordinance in the Official Gazette of Romania, Part I.
• article 9 – (1) During the state of emergency, the cessation or suspension of the activity of social services, such as residential assistance and assistance centers for the elderly, residential centers for children and adults, with and without disabilities, as well as for other vulnerable categories, public and private, provided for in the Social Services Nomenclature approved by Government Decision n. ° 867/2014 for the approval of the Social Services Nomenclature, as well as the framework regulations for the organization and operation of social services, with subsequent amendments and terminations.
• (2) The owners / supporters / legal representatives of the beneficiaries of the services mentioned in paragraph (1), on the basis of an application, may request the transfer of the beneficiaries from the center to their home, or, depending on the case, to the residence of the members / supporters / legal representatives if they assume, under their own responsibility, that they have conditions corresponding to their temporary protection.
• (3) The measures will apply from the date of publication of this military ordinance in the Official Gazette of Romania, Part I.
• Art.10 – (1) The preventive isolation measure in the workplace or in specially dedicated areas to which external persons do not have access, for the personnel employed in the centers referred to in article 9, paragraph (1), shall be established during the emergency period for a period of 14 days.
• (2) The period provided for in paragraph (1) is cyclically followed by a period of preventive isolation in the home, for a period equal to that of preventive isolation in the workplace, ensuring the presence of staff in the center on shifts / shifts.
• (3) Within 24 hours after the publication in the Official Gazette of this military ordinance, the head of the center, the designated substitute or the coordinator of specialized personnel will establish the organization of the tours during the state of emergency.
• (4) In the absence of the personnel provided in par. (3), the director of the general directorate of social assistance and child protection, for public social services in the structure of the general directorate, the mayor, for social services organized within / subordinate to the authorities of the local public administration and the legal representative of the private provider establishes the organization of the tours during the state of emergency
• (5) In exceptional situations, in the case of private social services, for which the staff provided in paragraphs (3) and (4) does not exist, the county committee for special emergencies designates the person responsible for organizing the Preventive isolation tours in the workplace / home insurance and service management.
• (6) The rejection of preventive isolation in the workplace by the staff of the centers provided for in article 9, paragraph (1), attracts the offense or criminal liability, as the case may be.
• (7) Access for visitors / members / supporters / legal representatives of beneficiaries of social services in the residential centers provided for in Article 9, paragraph (1) is prohibited.
• (8) The measure provided for in paragraph (7) will apply from the date of publication of this military ordinance in the Official Gazette of Romania, Part I.
• article 11 – (1) In the event that social service providers do not have their own accommodation resources for the application of the provisions of article 10, paragraph (2), the authorities of the local public administration in the area of ​​competence whose social services provide in art. (1) They have the obligation to identify and guarantee, in their proximity, spaces for the accommodation of isolated preventive personnel in the workplace, the daily food necessary for this and to guarantee the transport of the personnel, who are isolated.
• preventive at home, from the workplace to your home / residence and vice versa, in compliance with infection protection and prevention measures.
• article 12 – (1) The personnel who attend the centers provided for in Article 9 paragraph (1) must be provided by the social services provider with the necessary hygienic-sanitary and protective equipment.
• (2) The measure will apply from the date of publication of this military ordinance in the Official Gazette of Romania, Part I.
• article 13 – (1) During the state of emergency, with the exception of the legal provisions in force, in the case of the dismissal of the employees of the centers provided for in Article 9 paragraph (1), the notification period is 45 calendar days.
• (2) The measure will apply from the date of publication of this military ordinance in the Official Gazette of Romania, Part I.
• Art.14 – (1) In order to prevent the appearance of outbreaks of infection, in the case of the manifestation of the specific symptoms COVID-19 or, as the case may be, of information resulting from direct contact with an infected person between beneficiaries or staff, public health departments provide proof of beneficiaries and all staff, at the headquarters of the social service.
• (2) The measure will apply from the date of publication of this military ordinance in the Official Gazette of Romania, Part I.
• article 15 – (1) During the state of emergency, the procedures for selling / buying majority shares of companies of the National Energy System are suspended, regardless of the form of their ownership.
• (2) The resumption of the procedures will be carried out after the conclusion of the state of emergency with the corresponding delay of the terms established in the previous calendar.
• (3) The measure will be applied from the date of publication of this military ordinance in the Official Gazette of Romania, Part I.
• Art.16 – It is recommended to the authorities of the local public administration and to the owners, natural or legal persons, to mount devices with disinfecting solutions at the entrances of buildings for the purpose of collective housing and to periodically disinfect elevators, stairs and other common spaces within This buildings.
• art.17 – On Thursdays, Fridays and Saturdays, before the two Easter holidays, economic operators that market agri-food products can extend their operational program according to their needs.
• article 18 – (1) After article 9, paragraph 3, of Military Ordinance No. 1/2020 on some emergency measures related to crowding and the cross-border movement of goods, published in the Official Gazette of Romania, Part I, no. . 219 of April 18, 2020, a new paragraph is inserted, paragraph (4), with the following content:
• “(4) In case of non-compliance with the measure provided for in article 5, in addition to the main violation sanction, depending on the nature and severity of the law, the supplementary violation sanction may be applied for the confiscation of the goods whose transportation for distribution outside Romanian territory may apply. “
• (2) The measure will apply from April 11, 2020.
• article 19 – (1) After paragraph 3 of Article 1 of Military Ordinance No. 5/2020 on measures to prevent the spread of COVID -19, published in the Official Gazette of Romania, Part I, No. 262 of March 31, 2020, a new paragraph, paragraph (4), with the following content:
• “(4) The measure provided for in paragraph (2) will also apply after the duration for which the state of emergency is established by Decree of the President of Romania no. 195/2020, only if the state of emergency is extended throughout Romania and if the decree on the extension of the state of emergency maintains the competence of the Minister of the Interior to establish, by military ordinance, the gradual prohibition of air traffic on different routes. “
• (2) The measure will apply from the date of publication of this military ordinance in the Official Gazette of Romania, Part I.
• article 20 – (1) Military Ordinance No.7 / 2020 on measures to prevent the spread of COVID -19, published in the Official Gazette of Romania, Part I, No. 284 of April 4, 2020, is amended and completes the Following way:
• 1. After paragraph 4 of Article 9, a new paragraph, paragraph 5, is inserted with the following content:
• “(5) The measures provided for in paragraphs (1) and (3) will also apply after the duration for which the state of emergency is established by Decree of the President of Romania no. 195/2020, only if the state emergency extends throughout Romania and if the decree prolonging the state of emergency maintains the competence of the minister of internal affairs to establish, by military ordinance, the gradual prohibition of air traffic on different routes. “
• 2. Paragraph 1) of Article 10 is amended and will have the following content:
• “(1) Flights carried out by all airlines holding operating licenses in accordance with European Union regulations, by charter, for the transport of temporary workers from Romania to other states, with the approval of the competent authorities of the country of origin and destination “.
• 3. Paragraph 1) of article 16 will be modified and will have the following content:
• “(1) To prevent the spread of COVID-19, the ministries with their own health network and the authorities of the local public administration, provide the public health system personnel, upon request, hotel spaces destined to rest between shifts or guards , food – three meals a day and water. “
• (2) The measures will apply from the date of publication of this military ordinance in the Official Gazette of Romania, Part I.
• Art.21 – (1) I have the power to guarantee the application and compliance with the provisions of this military ordinance:
• a) The Romanian police, the Romanian Gendarmerie and the local police, by the measures provided for in articles 1 and 3;
• b) the Ministry of Transport, Infrastructure and Communications, for the measure provided for in article 2;
• c) the Ministry of Transport, Infrastructure and Communications, the Romanian Border Police and the public health departments, for the measures provided for in articles 4 to 6;
• d) the Ministry of Agriculture and Rural Development, for the measures provided for in articles 7 and 8;
• e) The Ministry of Labor and Social Protection, through subordinate institutions, under its authority or coordination, the departments of public health, as well as the leaders of local authorities of public administration, for the measures provided for in articles 9 to 14;
• f) Ministry of Economy, Energy and Business Environment, for the measure provided for in art.15;
• (2) Failure to comply with the measures provided for in article 1-15 will give rise to disciplinary, civil, contradictory or criminal liability, in accordance with the provisions of article 27 of the government Emergency Ordinance n. ° 1/1999, later modified and supplemented.
• (3) The personnel of the institutions referred to in paragraph (1) are authorized to find infractions and apply sanctions, in accordance with the provisions of article 29 of the Government Emergency Ordinance n. ° 1/1999, with subsequent modifications and terminations.
• article 22 – The provisions of art. 6 and 7 of Military Ordinance no. 4/2020 on measures to prevent the spread of COVID-19, published in the Official Gazette of Romania, Part I, no. 257 of March 29, 2020, ceases to apply.
• article 23 – Annexes 1 and 2 are an integral part of this military ordinance.
• article 24 – (1) This military ordinance is published in the Official Gazette of Romania, Part I.
• (2) Audiovisual media service providers have an obligation to inform the public, through messages transmitted regularly, for at least 2 days from the date of publication, about the content of this military ordinance. “