In brief

  • A machine costing 3,000 or 4,000 lei becomes a claimable expense again under the investment scheme for SMEs in Gorj, Hunedoara, Dolj, Galați, Prahova and Mureș. The rule was later extended to newly established social enterprises too, through Order of the Minister of Investments and European Projects no. 1.426/2026. Since February 2026 such items had dropped out of the fixed asset category, because the tax threshold went up from 2,500 to 5,000 lei, while the scheme declared inventory items ineligible without exception.
  • The claimable band is written in lei, not in euro: between 2,500 lei and the threshold in Article 28(2)(b) of the Tax Code, that is, 5,000 lei on the date of publication. The item must have a normal operating life of more than one year and must fit into one of the subgroups of the Catalogue approved by Government Decision no. 2.139/2004.
  • The rest of the scheme is untouched: 775,569,856 euro, 400 estimated beneficiaries, grants of between 200,000 and 8,000,000 euro per project, aid intensities of 60% to 75% for the regional aid and aid granted until 31 December 2028.
Act: MIPE Order no. 1.370/2026 amending and supplementing Order no. 3.996/2023 of the minister of investments and European projects approving the state aid and de minimis aid scheme for financing investments in SME development supporting sustainable growth and job creation under the Just Transition Programme 2021-2027
Published: Official Gazette of Romania (Monitorul Oficial) no. 767 of 9 September 2026
In force from: 9 September 2026, the date of publication

If you run a small company in Gorj, Hunedoara, Dolj, Galați, Prahova or Mureș and you are preparing a project on just transition funds, the list of things you can claim has just widened. Order no. 1.370/2026 of the minister of investments and European projects, published on 9 September 2026, brings back into the eligible expenditure category items costing more than 2,500 lei that, in accounting terms, are no longer fixed assets but inventory items (obiecte de inventar). The ministry had made the same correction eight days earlier: on 1 September 2026, by Order no. 1.345/2026, it amended the de minimis scheme for microenterprises in the same sense, and topped that scheme up by 37.8 million euro.

The correction is explained by a tax change with no apparent connection to European funds. Government Emergency Ordinance no. 8/2026, published in Official Gazette of Romania no. 147 of 25 February 2026, rewrote Article 28(2)(b) of the Tax Code: an item is a depreciable fixed asset if, on entering the company’s assets, it has a tax value equal to or greater than 5,000 lei, a limit updated annually with the inflation index, by government decision. Until then the threshold was 2,500 lei.

The side effect was immediate. A device costing 3,800 lei was, in 2025, a fixed asset. In 2026 it became an inventory item, with nothing about it having changed. And Article 28(o) of the scheme approved by Order no. 3.996/2023 declared ineligible, without any exception, „expenditure on the purchase of goods which, under the law, fall into the category of inventory items”. The very same purchases that fitted into a project in 2025 fell outside it in 2026.

The scheme in question is not a small one. Order no. 3.996/2023, published in Official Gazette of Romania no. 951 and 951 bis of 20 October 2023, makes 775,569,856 euro available to SMEs in the six counties, of which 770,000,000 euro as regional state aid and 5,569,856 euro as de minimis aid, that is, 99.28% and 0.72%. The money comes 85% from the Just Transition Fund and 15% from the state budget. The estimated number of beneficiaries is 400, which gives an average of 1,938,924.64 euro per company.

The area of application is fixed by Article 4 of the scheme: Hunedoara, Gorj, Dolj, Galați, Prahova and Mureș. Within Hunedoara there is a separate call, dedicated to the Jiu Valley integrated territorial investment, for which the place of implementation must be in Uricani, Lupeni, Vulcan, Aninoasa, Petroșani or Petrila, including the villages attached to them. The second Hunedoara call excludes exactly those localities. A company based in any other county does not qualify, however fitting its project may be.

The indicative allocations per call, in Article 29(3), are: Gorj 184,898,599 euro, Dolj 136,673,075, Hunedoara 131,969,559, Prahova 104,525,370, Galați 84,633,938, Mureș 83,903,737 and the Jiu Valley 48,965,578, a sum that comes to exactly 775,569,856 euro, the total budget of the scheme, with nothing left over.

What it changes in practice

The order applies from 9 September 2026. Article II merely states that the act is published in the Official Gazette of Romania, without setting a later date, and Article 12(3) of Law no. 24/2000 provides that ministerial normative acts enter into force on the date of publication unless otherwise provided. There is no transitional provision for projects already under assessment or under implementation.

For the entrepreneur, the substantive change is a single one and it reads across three articles of the scheme, amended simultaneously. Article 21(1)(a)(ii) now lists among the investments financeable through regional state aid not only equipment „of the nature of fixed assets” but also goods in the inventory items category with a value between 2,500 lei and the threshold in Article 28(2)(b) of the Tax Code. Article 25(4) lists them among expenditure on equipment and fittings, with two further conditions: the normal operating life must exceed one year and the item must fit into one of the subgroups of the Catalogue approved by Government Decision no. 2.139/2004. Article 28(o) keeps its prohibition but gains an exception referring to Article 25(4).

In concrete terms, the claimable band today runs from 2,500 to 5,000 lei. The upper limit is not written as a figure but by reference to the Tax Code, so it moves on its own: if the Government indexes the threshold for inflation, the band widens too, without any need for a new order. The lower limit, by contrast, is written as a figure and stays at 2,500 lei. An item worth 2,000 lei is still not claimable.

The currency is worth noting. The project ceilings of the scheme are expressed in euro, between 200,000 and 8,000,000, and are converted into lei at the InforEuro rate in force on the date the call opens, under Article 12(1). The band of 2,500 to 5,000 lei is expressed in lei and does not depend on any exchange rate. In a project budget built in euro, this category of expenditure will therefore be calculated differently from the rest.

The second group of amendments is a matter of vocabulary, but it has practical consequences. Article 3 gains two new definitions: „inventory items”, meaning low-value goods below the legal threshold for depreciable fixed assets, and „tangible assets”, defined by reference to Article 2 point 29 of Regulation (EU) no. 651/2014. The second definition fills an old gap: the phrase „tangible assets” appeared six times in the scheme, including in the heading of the investment category in Article 21(1)(a) and in Article 25(1), without being defined anywhere.

The third group concerns the name of the programme. The title of the order, Article 1 and the title of the scheme no longer say „Just Transition Programme 2021-2027” but „Sustainable Development and Just Transition Programme 2021-2027”, and the preamble invokes Commission Implementing Decision C(2022) 8.703 final of 24 November 2022, by which the programme financed from the European Regional Development Fund, the Cohesion Fund and the Just Transition Fund was approved. For an applicant, it means that documents, applications and correspondence will from now on carry a different programme name, even though the calls keep their old codes, of the PTJ/P1/1.1/1.A/GJ type.

What does not change deserves saying just as firmly. The aid intensities remain those in Article 12(2): 75% for microenterprises, small and medium-sized enterprises alike in the Gorj, Dolj, Galați and Prahova calls, and 70% for micro and small, 60% for medium-sized, in Hunedoara, in the Jiu Valley and in Mureș. The de minimis aid intensity stays at 90% across all calls. The de minimis ceiling stays at 300,000 euro over three years for a single undertaking, with a maximum of 200,000 euro in any one project. The budget, the estimated number of beneficiaries and the timetable stay identical.

What has changed compared with the previous situation

The previous version of the order is not the 2023 one. The act has been amended three times so far: Order no. 6.005/2023, published in Official Gazette of Romania no. 1.121 of 13 December 2023, renumbered the annex; Order no. 6.162/2023, in Official Gazette of Romania no. 1.149 of 19 December 2023, intervened in Articles 6, 9 and 10 of the scheme; and Order no. 686/2024, in Official Gazette of Romania no. 193 of 8 March 2024, carried out the most extensive revision, bringing the scheme into line with Regulation (EU) 2023/2.831 on de minimis aid. Set against the consolidated version as it stood before 9 September 2026, the text published now brings the following changes, provision by provision.

The definition of tangible fixed assets. Until now, Article 3(g) said they were „fixed assets meeting two cumulative conditions: an entry value of more than 2,500 lei and a normal useful life of more than one year”. The new definition drops the threshold and the duration entirely and speaks of „any depreciable tangible asset, buildings and land of any kind, held for use in the production or supply of goods or services, for rental to third parties or for administrative purposes”. It is the ordinary accounting definition of tangible fixed assets, moved into the scheme as it stands.

Eligible equipment. The old Article 21(1)(a)(ii) stopped at „technological equipment, machinery, working installations, furniture, IT equipment and office equipment, of the nature of fixed assets, with the exception of means of transport”. The list is widened to include goods in the inventory items category within the band from 2,500 lei to the Tax Code threshold.

Expenditure on equipment. The old Article 25(4) stopped at machinery and equipment not requiring installation. Now the same inventory items also enter it, on condition of an operating life of more than one year and of fitting into the 2004 Catalogue.

The prohibition in the list of ineligible expenditure. Article 28(o) said, until now, only this: expenditure on goods falling into the inventory items category is ineligible. Now the same point gains the words „with the exception of those falling within Article 25(4)”.

The name of the programme. The phrase „Just Transition Programme” is replaced, under point 9, throughout the order: it appears in the title of the scheme and in six other places in the text, among them Article 4(1), the one listing the counties, so the name changes there too. The abbreviation „PTJ”, used on its own 29 times, plus „AMPTJ”, „AM PTJ” and „OIPTJ”, is not affected by the replacement. The scheme does, however, define the abbreviation itself, in Article 3(y), so the text remains coherent after the amendment.

What has not changed, although it could have. Neither the budget, nor the allocations per county, nor the breakdown by year, nor the estimated number of beneficiaries, nor the intensities, nor the project ceilings, nor the deadlines. Order no. 1.345/2026, its twin on the microenterprise scheme, had brought an extra 37.8 million euro and 150 more estimated beneficiaries eight days earlier. Here, not a single leu is added.

Advantages and disadvantages

What it improves

  • It repairs a loss of eligibility that nobody decided on. Companies did not lose the right to claim a 3,800 lei device through a European funds policy decision, but through a Tax Code amendment made for an entirely different purpose.
  • The exception in Article 28(o) refers to Article 25(4), that is, to a different article. On the microenterprise scheme, the same exception referred, eight days earlier, to the very article it sat in, and that produced a serious ambiguity. Here the mistake is not repeated.
  • The upper end of the band is not written as a figure but by reference to the Tax Code. When the Government indexes the threshold for inflation, the scheme updates itself, without a new order and without a new opinion from the Competition Council.
  • The new definition of tangible assets, by reference to Article 2 point 29 of Regulation (EU) no. 651/2014, covers a phrase used six times in the scheme and left undefined until now, including in the heading of the investment category in Article 21.
  • The intensities, the ceilings and the allocations stay untouched. An applicant who was preparing a file on the old figures has nothing to recalculate.

What remains a problem

  • The correction comes 196 days after the publication of Government Emergency Ordinance no. 8/2026, which moved the tax threshold. Throughout that period, purchases in the 2,500 to 5,000 lei band were formally ineligible.
  • There is no transitional provision at all. A beneficiary already in implementation, who took such purchases out of the budget after February 2026, does not learn from the order whether and how they can be put back.
  • The wording of Article 21(1)(a)(ii) ties the exception for means of transport to the list of ineligible expenditure in a way that can be read two ways, with opposite results for lifting and handling machinery. See the section on errors.
  • The claimable band has its lower limit written as a figure, 2,500 lei, and its upper limit written as a reference. After the first indexation of the tax threshold, the two will move differently, without the order saying why.
  • The scheme may grant aid until 31 December 2028, but Regulation (EU) no. 651/2014, the European basis for the 770 million euro of regional aid, expires on 31 December 2026. The order says nothing about what happens after that.

Practical advice

  1. Redo the project’s purchase list taking the 2,500 to 5,000 lei band into account. Devices, tools, technical furniture and fittings that dropped out of your budget after February 2026 can be put back, provided they have a normal operating life of more than one year.
  2. Check each such item against the Catalogue approved by Government Decision no. 2.139/2004. Article 25(4) requires the item to be „classifiable in one of the subgroups” of the Catalogue, so an article that is not to be found there fails the condition, whatever it costs.
  3. Do not put items below 2,500 lei in the budget. The lower limit is not negotiable and does not move with the tax threshold. If a piece of equipment costs 2,300 lei, it stays outside the financing.
  4. If you are planning a lifting or handling machine from class 2.3.6 of the Catalogue, a forklift or a crane, ask the managing authority in writing to confirm eligibility before you put it in the budget. The new wording of Article 21(1)(a)(ii) can also be read as taking such machinery out of the eligible category.
  5. If you are already in implementation, ask the project manager on the managing authority side, in writing, whether you can introduce such purchases through an addendum. The act has no transitional provisions, so the answer is given at contract level.
  6. Check that the registered office or the place of business targeted by the investment is in Hunedoara, Gorj, Dolj, Galați, Prahova or Mureș. For the call dedicated to the Jiu Valley, the place of implementation must be in Uricani, Lupeni, Vulcan, Aninoasa, Petroșani or Petrila, while the other Hunedoara call excludes those same localities.
  7. If you are preparing your project for a call in 2027 or 2028, treat 31 December 2026 as a reference date. That is when the European regulation exempting the scheme from the duty to notify Brussels expires.

Frequently asked questions

What does this order mean in money terms?
Goods costing between 2,500 lei and the fixed asset threshold in the Tax Code, today 5,000 lei, can go back into the budget of a project financed under the scheme. Those below 2,500 lei remain ineligible, and those above the threshold were eligible anyway, as fixed assets.
Where does the 5,000 lei threshold come from?
From Article 28(2)(b) of Law no. 227/2015 on the Tax Code, in the version given by Government Emergency Ordinance no. 8/2026, published in Official Gazette of Romania no. 147 of 25 February 2026. The text says an item is a depreciable fixed asset if, on entering the company’s assets, it has a tax value equal to or greater than 5,000 lei, and that the limit is updated annually for inflation, by government decision.
Which companies can apply for money under this scheme?
Microenterprises, small enterprises and medium-sized enterprises carrying out the investment in Hunedoara, Gorj, Dolj, Galați, Prahova or Mureș, with the special rules in Article 4 for the call dedicated to the Jiu Valley. The excluded fields and the ineligible CAEN classes are listed in the annexes to the scheme.
How much can be received per project?
Between 200,000 and 8,000,000 euro, adding together the regional state aid and the de minimis aid, with the amounts calculated in lei at the InforEuro rate on the date the call opens. De minimis aid may not exceed 200,000 euro in one project, and over three years a single undertaking may not go beyond 300,000 euro of de minimis aid from all sources.
What share of the investment does the grant cover?
It depends on the county and on the size of the company. In the Gorj, Dolj, Galați and Prahova calls, regional state aid covers 75% for all three categories of enterprise. In Hunedoara, in the Jiu Valley and in Mureș, 70% for microenterprises and small enterprises, 60% for medium-sized ones. De minimis aid covers 90%, in all calls.
Until when can the money be obtained?
The scheme applies until 31 December 2028, and payments are made until 31 December 2029. Aid is deemed granted on the date the financing contract is signed, not on the date of payment, under Article 13(6) and Article 16 of the scheme. The actual opening and closing dates of each call are set by the applicant’s guide.
Does the order change the budget of the scheme?
No. The budget stays at 775,569,856 euro, of which 770,000,000 in regional state aid and 5,569,856 in de minimis aid, with 400 estimated beneficiaries. The allocations per call and the breakdown by year also stay unchanged.
What happens to projects already under implementation?
The order provides nothing for them. It applies from 9 September 2026, with no transitional provisions, so introducing such purchases into a running contract depends on the agreement of the managing authority, through an addendum.
Why is the name of the programme changing?
Because the European basis invoked by the order is Commission Implementing Decision C(2022) 8.703 final of 24 November 2022, by which the „Sustainable Development and Just Transition” programme was approved, financed from the European Regional Development Fund, the Cohesion Fund and the Just Transition Fund. The order aligns the name in the scheme with that of the programme approved by the Commission.
Can I still buy a car or a transport machine with the grant?
Motor vehicles and means of transport in subgroup 2.3 of the Catalogue remain ineligible expenditure under Article 28(i), with the exception of class 2.3.6, „Handling and lifting machinery and installations”. The new wording of Article 21(1)(a)(ii) can, however, be read the other way round precisely for that class, so the safe answer has to be requested in writing from the managing authority.

Errors and inconsistencies in the published text

  • Article I point 6, the new wording of Article 21(1)(a)(ii) of the scheme. The sentence ends with „with the exception of means of transport which do not fall within the categories of ineligible expenditure laid down in Article 28 of this scheme”. Placed immediately after „means of transport”, the relative clause qualifies them, and therefore excludes from financing exactly those means of transport that Article 28 does not declare ineligible. Yet the only means of transport left outside the prohibition in Article 28(i) are those in class 2.3.6, „Utilaje și instalații de transportat și ridicat”, that is, forklifts and cranes. It follows that Article 21 takes them out of the eligible category, while Article 28(i) expressly keeps them eligible. The parallel text introduced by point 7 in Article 25(4) attaches the same condition to inventory items, through the formula „and which do not fall within the categories of ineligible expenditure laid down in Article 28”, which shows what the intention was. As published, an applicant wanting to buy a forklift gets two different answers from two articles of the same scheme.

Editorial analysis

The order solves a real problem and solves it correctly in substance. The fixed asset threshold was moved from 2,500 to 5,000 lei by an economic recovery ordinance, that is, by an act unconnected with European funds, and the collateral effect was that a whole category of purchases quietly dropped out of financing. Nobody decided that and nobody announced it. The order puts it back and, unlike its twin on the microenterprise scheme, does so without getting tangled in a circular reference: the exception in Article 28(o) refers to Article 25(4), that is, to a different article, not to itself.

The first observation that is not visible from reading the act end to end is the chronology. Government Emergency Ordinance no. 8/2026 was published on 25 February 2026. The opinion of the Competition Council on the present order bears the date of 28 July 2026, the approval memorandum of the Directorate-General for the Sustainable Development and Just Transition Programme that of 28 August 2026, the minister’s signature 2 September, and publication came on 9 September. From the tax amendment to the correction in the scheme, 196 days went by. Of those, only 43 fall between the Competition Council’s opinion and publication, so the external procedure was the short part. The rest, almost five months, was spent before the file left for the Competition Council.

The second observation concerns an article the order rewrites without needing to. Point 4 replaces the definition of tangible fixed assets in Article 3(g). Throughout the consolidated text of the scheme the phrase appears twice, and both occurrences sit in the list of definitions in Article 3, at points (e) and (g). No operative article uses it. The order therefore spends one of its nine points rewriting a term with no use, while the phrase actually used, „tangible assets”, was undefined and only now receives a definition, at point (nn). The new definition at point (nn) was necessary; the one at point (g) was not. The order of priorities says something about how the scheme was read before it was amended.

The third observation is the weightiest and appears nowhere in the order. The scheme may grant aid until 31 December 2028, under Article 29(1). The regional state aid, that is, 770 million euro of the 775.57, rests on Regulation (EU) no. 651/2014, whose period of application was extended to 31 December 2026 by Regulation (EU) 2023/1.315. Article 58(4) of the regulation adds a six-month adjustment period after expiry, that is, until 30 June 2027. From publication of the order to the last day on which a contract may be signed there are 844 days. Of those, 294 are covered by the regulation invoked in the preamble of the act itself. The remaining 550, that is, 65.2% of the granting window, depend on a European regulation that has not yet been adopted. On 2 September 2026 the Ministry of Transport and Infrastructure inserted, into five schemes at once, a clause undertaking to align the scheme with the future regulation and blocking the granting of aid until then. The Ministry of Investments and European Projects, which signed the present order on the same day, inserted nothing of the kind.

The fourth observation concerns proportions. The scheme estimates 400 beneficiaries and has 5,569,856 euro for de minimis aid, that is, 13,924.64 euro per beneficiary. Article 15, however, allows up to 200,000 euro of de minimis aid in a single project. At that ceiling, the whole de minimis envelope is used up by 28 projects, that is, 7% of the estimated beneficiaries. The de minimis component, which covers precisely the soft costs, vocational training and services, is not sized for the number of companies the scheme sets out to reach. Whoever arrives late will find it empty, and the present order, which does not touch the budget, changes nothing there.

What should be changed

  • Correcting the reference in Article 21(1)(a)(ii). The exception for means of transport should stay as it was, without any qualifier, and the condition about the list of ineligible expenditure should be tied explicitly to inventory items, exactly as it was tied in Article 25(4) through the formula „and which do not fall within”. Effect: an applicant who wants a forklift or a crane from class 2.3.6 learns from the text, not from a letter to the managing authority, whether it can be bought with the grant.
  • A transitional provision for running contracts. A paragraph stating that beneficiaries under implementation may introduce purchases in the 2,500 to 5,000 lei band through an addendum, within the contracted value. Effect: the 196 days in which this expenditure was ineligible do not turn into a permanent loss for companies that cut their budgets between February and September 2026.
  • Indexing the lower limit together with the upper one. The 2,500 lei threshold should be tied to a fraction of the tax threshold, half of it for instance, instead of staying a fixed figure. Effect: the band does not widen uncontrollably with every indexation of the Tax Code, and it no longer needs a new order to stay proportionate.
  • An alignment clause for the future block exemption regulation. The same one the Ministry of Transport and Infrastructure inserted on 2 September 2026 into five transport schemes. Effect: a company planning to apply in 2027 knows that the ministry has committed to alignment and on what terms contracts may be signed after 31 December 2026, instead of finding out as it goes along.
  • Rebalancing the de minimis envelope, or lowering the ceiling per project. Either the 5,569,856 euro share is increased, or the 200,000 euro ceiling per project is brought closer to the average of 13,924 euro per beneficiary. Effect: vocational training costs and the services financeable through de minimis aid stay within reach for companies applying in the second half of the scheme too.
  • Replacing the abbreviation „PTJ” in the same order. Point 9 changes the phrase „Just Transition Programme”, but the abbreviation appears on its own 29 times in the scheme, on top of „AMPTJ”, „AM PTJ”, „OIPTJ” and the call codes. Effect: programme documents, guides and funding applications use a single name, and the applicant no longer has to work out for themselves that PTJ and the Sustainable Development and Just Transition Programme are the same thing.

Original text of the legal act

The text below is reproduced in Romanian, the official form of publication.

The full text, as published in the Official Gazette of Romania

Official Gazette of Romania no. 767 of 9 September 2026 16 pages PDF, 118 KB the act starts on page 15

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This article is for informational purposes only and does not constitute legal advice. For specific situations, consult a licensed attorney or tax advisor.