Minister of Public Finance Order no. 3037/2020 for the amendment and completion of Order no. 1665/2020 on the establishment of electronic means of remote transmission of enforcement acts and the related communication procedure

In brief

Minister of Public Finance Order no. 3037/2020 brings a series of additions to Order no. 1665/2020, which represents the legal framework for the procedure for communicating enforcement acts to credit institutions by uploading to the National Agency for Fiscal Administration (ANAF) portal private space.

In detail

Order no. 3037/2020 stipulates that any decisions to be communicated to credit institutions regarding the lifting of enforcement measures on cash availability related to seizures established by the date of entry into force of Order no. 1665/2020 will be uploaded to the ANAF portal private space, through the e-Popriri platform.

The new Order modifies the definition of “total or partial suspension” of the forced execution previously provided in an annex to Minister of Public Finance Order no. 1665/2020. The new definition provides that such suspensions cover the entire remaining amount still to be recovered, whereas the previous regulation referred to credit institutions involved in the foreclosure procedure.

An exception has been introduced to the rule according to which, if they do not set up the seizure, credit institutions have to notify, using the established communications procedure, ANAF of the reasons why by 17.00 of the next banking day. Thus, credit institutions will no longer be required to send such messages in the event of suspension, continuation, updating of amounts still to be recovered and lifting of the seizure order, as such exchanges will be updated automatically on a weekly basis through the e-Popriri system by retrieval of the existing information in the databases owned by or to which ANAF has access.

Another amendment concerns the applicability of the electronic communication mechanism until the signing of the Framework Convention on the Accession of Credit Institutions. Thus, for that period, the order stipulates that only the provisions of Chapter III on the procedure for analysing amounts made unavailable by established seizures remain exempt from application, and the provisions on notifications regarding setting up or not of seizures may be applied until the Framework Convention is signed. 

Information regarding the communication date and time of seizures being established, and regarding their non-establishment, will be able to be transmitted by email to the Central Point, unlike the in the previous process, where communication by email was mandatory. This change was made in support of credit institutions that have implemented the procedure for sending messages regarding the reasons for non-establishment of seizures.

[Minister of Finance no. 3037/2020 for the amendment and completion of the Order of the Minister of Public Finance no. 1665/2020 on the establishment of electronic means of remote transmission of enforcement acts and their communication procedure, published in the Official Gazette no. 1210 dated 11 December 2020]

The takeaway

By Minister of Public Finance Order no. 3037/2020, decisions to be communicated to credit institutions regarding the lifting of enforcement measures on cash availability related to seizures established by the date of entry into force of Order no. 1665/2020 will be uploaded to the ANAF portal private space through the e-Popriri platform.

Credit institutions will no longer exchange messages with ANAF in the event of suspension, continuation, updating of the amounts yet to be recovered and lifting of the seizure order, as such exchanges will be updated automatically on a weekly basis by the e-Popriri system.

Until the date of signing the Framework Convention whereby credit institutions join the electronic communications mechanism, they can apply the provisions for notifications regarding establishment and non-establishment of seizures.