The pandemic context and its economic implications prompted in 2020 and 2021 several legislative measures to alleviate fiscal burden both through tax facilities, such as amnesties or regulation of new cases and conditions for debt rescheduling, and through amendments concerning deductibility for tax purposes. This type of measures fall under the scope of the newly enacted Government ordinances nos. 8 and 11, published on August 31, 2021 in the Romanian Official Gazette.
Directly Negotiated PPAs in Romania - Are We There Yet?
Directly negotiated power purchase agreements with physical delivery (“PPAs”) have been a sensitive topic in Romania since 2012, when they were prohibited under the new energy law no. 123/2012 (the “Energy Law”) and continue to be a hot topic today, even though (long term) PPAs negotiated over the counter are expressly allowed under art. 3 (o) of Regulation (EU) 2019/943 (“Internal Market Regulation”), as they fall under the concept of “long term supply agreements”. This is mainly because Romania has stumbled over the last 2 years in reintroducing the directly negotiated PPAs back into the domestic legislation, in line with EU rules and EU market practice.
The Buzz in Romania: Interview with Alina Popescu of MPR Partners
Being the country with the highest growth rates in the EU, Romania is going strong despite the global pandemic conditions, according to MPR Partners Co-Founder and Co-Managing Partner Alina Popescu.
Romania: Ordinance on the Reduction of the Impact of Certain Plastic Products on the Environment
European Directive no. 2019/904 on the reduction of the impact of certain plastic products on the environment was transposed into Romanian law as of 2 September 2021 by Ordinance no. 6/2021 on the reduction of the impact of certain plastic products on the environment (the “Ordinance”).
Romania: Important Amendments to the Fiscal Code and the Fiscal Procedure Code
On 31 August 2021, Government Ordinances nos. 8/2021 and 11/2021, amending the Fiscal Code and the Fiscal Procedure Code, were published in the Official Gazette no. 832/31.08.2021.
Data Protection Officers in Romania
Following the adoption of the GDPR, an important new element was brought into Romania’s legal framework – the required designation of a Data Protection Officer (DPO), which is mandatory in some cases.
Financial Restructuring and Consolidation in the Hotel Sector in CEE
Few global industries have been as strongly affected by the COVID-19 pandemic as the hotel industry. All over the world, chains and bespoke hoteliers have had to face the impact of travel restrictions on bookings, in most cases leading to dire falls in occupancy rates and, subsequently, income. Now that the pandemic has been wreaking havoc for over a year, how is the hotel industry in CEE coping, and what options do hoteliers have? We spoke with three CMS Partners – Ana Radnev, Gregor Famira, and Lukas Hejduk – to get their opinions on the current situation and outlook on the future of the sector.
Values Added: Interview with Doru Toma of the Leaders for Justice Program in Romania
Doru Toma, Project Manager of Konrad Adenauer Foundation’s Leaders for Justice program, provides insight into the program’s values, goals, and structure.
In a League (Table) of Their Own: A Look at Baltic Firms’ Volume of Client Matters
Regional periodical league tables ranking M&A activity through the lens of the law firms advising on the deals are often dominated by Baltic law firms, with the CEELM Index special issue of the CEE Legal Matters magazine reflecting the same trend. To better understand why that is so, we spoke with several Partners – from both Baltic firms and other CEE jurisdictions.
Deal 5: Vimetco Group Legal Director Dragos Voncu on ALRO USD 40 Million Loan
On July 7, 2021, CEE Legal Matters reported that Zamfirescu Racoti Vasile & Partners and Simmons & Simmons had advised ALRO on a seven-year USD 40 million corporate loan from the Black Sea Trade and Development Bank to Romanian aluminum producer ALRO, part of Vimetco Group, for its capital investment program. CEE In-House Matters spoke with Dragos Voncu, Legal Director at the Vimetco Group, to learn more about the matter.
The Romanian Corporate Income Tax Grouping – Now up and Running
Starting this August, the fiscal unity system concerning the corporate income tax becomes functional in Romania, further to the enactment of the procedure for the implementation and management of such system through Order no. 1191 issued on August 6, 2021 by the National Agency for Fiscal Administration.
The Curious Case of the Romanian Thematic Tax Audit Campaign Related to Gift Vouchers
Two years ago the Romanian anti-fraud and tax authorities took the Romanian business environment by surprise, by initiating a thematic tax audit campaign aimed at auditing the tax treatment of purchased gift vouchers, in terms of income tax and social security charges. A very sought after extra-salary employee benefit, companies bought and offered gift vouchers amounting to over RON 1 billion (approx. EUR 200 million) in 2018 alone.
Romania: Profit tax consolidation in Romania gets the go-ahead
Following the adoption of regulations allowing profit tax consolidation in late 2020, the Romanian tax authorities issued Order 1191/2021 approving the instructions for implementing and managing Profit Tax Groups (“PTGs”) on 6 August 2021.
Enacting Telemedicine in Romania
Not all the impacts of the COVID-19 crisis on Romanian society are negative. The crisis also led to the much-overdue regulation of telemedicine in Romania.
Stricter Rules for the Promotion of Medical Devices in Romania
[Updated on 8 July 2021] Further to the entry into force of EU Medical Devices Regulation 2017/745 on May 26 2021, the Romanian Government issued an Emergency Ordinance setting forth the institutional framework for ensuring the MDR’s direct application (“GEO no. 46/2021”) and announced that the Ministry of Health will issue the secondary legislation in the following months.
Expat on the Market: Interview with Gianluca Carlesso of The Carlesso Law Firm
An interview with Gianluca Carlesso of The Carlesso Law Firm, about his path from Italy to Romania.
Romanian Company Law Restrictions For Intra-group Guarantees or Intra-group Lending
Intra-group loans and guarantees are frequently encountered in the activity of group companies, especially when centralized capital and liquidity management systems are in place. Intra-group loans are often used as tools to maximize liquidity at the group level while reducing the cost of funds, while the guarantees provide group companies with better access to external financing or high-value commercial contracts.