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Summary of the Provisions of Military Ordinance no. 2 /21 March 2020 

by Sorina Olaru, Razvan Savin, Senior Associate

Published: March, 2020

Submission: March, 2020

 



Note: the complete text of the Military Ordinance no. 2/2020 can be found here.


Following the increase of number of persons infected with Covid-19 and in an effort to strengthen the measures for preventing the spread of the virus, by keeping the social distance avioding unnecessary travel, in the evening of 21 March 2020, Military Ordinance no. 2/21.03.2020 was published in the Official Gazette no. 230/21.03.2020.


The main provisions brought by this ordinance are:


  • temporary suspension of dental medicine offices activity, except for emergency dental interventions, starting with 22 March 2020, 22:00 hrs.

  • suspension of retail activities for sale of products and services in shopping centers, except for sale of food, veterinary or pharmaceutical products and cleaning services. The measure applies from 22 March 2020, 22:00 hrs.

  • the travel of persons outside the home/household will be carried out only in compliance with the general measures to prevent the spread of Covid-19 and to avoid the formation of any group of persons. In the view of the ordinance, a group of people consists of more than 3 people who do not live together. The measure is of immediate application (started on 21 March 2020).

  • between 06:00 and 22:00 hrs,it is recommendedthat the travel of persons outside the home / household be carried out only for the following reasons:

a) travel in professional interest, including between home / household and the place (s) of professional activity and back;


b) travel to obtain goods that cover the basic needs of the person and pets, as well as goods necessary for the professional activity;


c) travel for medical assistance that cannot be delayed or carried out remotely;


d) movement for justified reasons, such as caring / accompanying the child, assistance of elderly, sick or disabled persons or death of a family member;


e) short trips, near the house / household, related to individual physical activity and needs of pets.


  • between 22:00 – 06:00 hrs, the movement of persons outside the home / householdis permitted onlyfor the reasons mentioned above. The measure will apply from 23 March 2020, 22:00 hrs.

  • in order to verify the reason for travel in professional interest,a work permit, certificate issued by the employer or a sworn written statement must be presented.

  • in order to verify the reason for a trip in personal interest, a person must presenta sworn written statement, completed in advance.

  • models of sworn statement and employer certificate can be found on the Ministry of Internal Affairs website. The sworn statement can also be written by hand, taking over all the elements provided in the statement template.

  • it is forbidden for foreign nationals and stateless persons to enter Romanian territory, unless they transit the territory via a transit corridor organized by agreements with the neighboring states. The measure applies from 22 March 2020, 22:00 hrs.

  • by exception, foreign nationals and stateless persons belonging to the following categories are allowed to enter the territory of Romania:

a) family members of Romanian citizens;


b) family members of the citizens of another Member State of the European Union or of the European Economic Area or of the Swiss Confederation, residing in Romania;


c) persons who hold a long-stay visa, a residence permit or a document equivalent to the residence permit issued by the Romanian authorities according to the Government Emergency Ordinance no. 194/2002 regarding the regime of foreigners in Romania, republished, with subsequent amendments and completions, or a document equivalent to them issued by the authorities of other states, according to European Union law;


d) persons traveling in professional interest, evidenced by a visa, residence permit or other equivalent document;


e) diplomatic or consular personnel, personnel of international organizations, military personnel or personnel who can provide humanitarian aid;


f) passengers in transit, including those repatriated as a result of granting consular protection;


g) passengers traveling on imperative grounds (medical or family);


h) persons who need international protection or for other humanitarian reasons.


  • As a measure to prevent the spread of COVID-19, persons isolated at home, who leave the place where they were placed, without the approval of the competent authorities, are considered persons with an increased risk of contagiousness and are escorted by the law enforcement and placed in institutionalized quarantine, under guard, being quarantined for a new period of 14 days. Persons who violate these provisions continue to be liable for criminal offenses. The measure is of immediate application (21 March 2020).

  • military ordinance no. 1 /17.03.2020 is amended, introducing the possibility of officiating religious services in places of worship, without public access, which can be transmitted by media or online, the possibility of officiating private liturgical / religious acts (baptism, weddings, funerals), in which a maximum of 8 people can participate, as well as performing eucharist of sick believers in the hospital or their home.

  • the provisions of the Military Ordinance no. 1 / 17.03.2020 are amended in the sense that the obligations of the drivers of the motor vehicles of transport at the border crossing points provided in art. 4 are also applicable to drivers with a maximum authorized capacity of more than 2.4 tonnes.

  • violation of the provisions of the Military Ordinance no. 2/2020 attracts disciplinary, civil, contraventional or criminal responsibility of the responsible persons. In case of violation of the provisions regarding quarantine or isolation at home, the sanctions for the offense of hindering the prevention of diseases provided by art. 352 Criminal Code apply. To the extent that they are not considered a crime, the violation of the provisions of Military Ordinance no. 2/2020 is sanctioned with a fine from 100 lei to 5,000 lei, for natural persons, and from 1,000 lei to 70,000 lei, for legal person

 



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