Measures adopted by the Military Ordinance no. 3 from 24 March 2020

On March 24, 2020, the Military Ordinance no. 3 regarding the measures to prevent the spread of COVID-19 was published in the The Official Monitor of Romania; the measures applied as of today, starting at 12 pm.

Among its most important provisions, we mention that the text prohibits any outdoor activities, including during the daytime, except for the following purposes (i) professional activity, (ii) providing goods that cover the basic needs, (iii) for healthcare purposes, (iv) looking after other persons, (v)  blood donation,  as well as those made for the purpose of (vi) carrying out agricultural activities or marketing agri-food products.

In addition, according to the military ordinance, people over 65 can leave their domicile only during the hours 11.00-13.00 and only the purpose of procuring goods and food, obtaining medical care, looking after other persons, for daily physical routine in the vicinity of the dwelling or walking of pets. The above hours do not apply in case the persons leave their homes to undertake professional activities or various agricultural activities.

In order to attest the aforementioned reasons, the following justification documents will be presented to the authorized bodies:

  • Work badge or proof issued by the employer; or
  • A duly filled-in statement.

Also, the measure of home isolation or, as the case may be, quarantine, shall be take with respect to all persons entering Romania. As an additional control measure, the ordinance provides that, for checking compliance with quarantine or isolation conditions at home, national security institutions will design communications systems and computer applications, necessary to the Ministry of Internal Affairs, Ministry of Health and local authorities, in order to permanently communicate with the persons quarantined or isolated at home.

To prevent large groups of people, in places where people areallowed to go, such as grocery stores or public institutions, the latters need to take additional safety measures such as marking access areas with visible signs which indicate keeping the distance of 1.5 meters between people, market managers will have to organize sales activity so that a social distance is maintained and traders will have to wear masks and gloves.

Last but not least, the military ordinance provides that starting at 23 pm, all flights to France and Germany and from France and Germany to Romania will be suspended for a period of 14 days by all airline economic operators, applicable to all airports in Romania, except for flights with state-owned aircraft, freight and mail flights, humanitarian or providing emergency medical services, as well as non-commercial technical authorizations.

In addition, the military ordinance provides for the modification of art. 2 of the Ordinance no. 2/2020, respectively the introduction of paragraph 2 according to which the measure of temporary suspension of the retail activity of products and services in the commercial centers where everal economic operators operate does not apply in the case of (i) sale of electronic and home appliances by the economic operators that ensure delivery to the buyer's home / office and (ii) sale of medical optics products and services.

Failure to comply with the measures established by the military ordinance entails disciplinary, civil, contraventional or criminal liability.