Preliminary assessment of the first payment request of Romania

samples, out of which all 60 have been considered as connected and functional. This analysis concluded that the target has been over-achieved. In consideration of the foregoing, the analysis certifies that the cash registers are connected to the National Agency for Fiscal Administration’s electronic system and are functioning. The full connection of cash registers will ensure that transactions performed by cash registers are tracked and stored electronically by the National Agency for Fiscal Administration. This will help address, 22 in particular, fraud in the area of trade, by allowing the National Agency for Fiscal Administration to monitor the activity of cash registers in Romania and reducing informal transactions. The higher number of transactions recorded thanks to the full connection of cash registers shall in turn contribute to reducing the VAT gap in Romania. Commission Preliminary Assessment: Satisfactorily fulfilled Number: 366 Related Measure: Development of pre-hospital medical infrastructure Name of the Milestone: Adoption of criteria for prioritising investments in Integrated Community Centres Qualitative Indicator: Adoption of the Manual of Integrated Community Centres, including guidelines for the prioritization of investments in Integrated Time: Q4 2021 Community Centres through an order of the Minister of Health. Context: As provided in the Council Implementing Decision, the objective of this investment is to improve the access for the population, in particular for people in rural, disadvantaged and marginalized areas, to quality health care, as well as to increase the availability of health services in primary and community care. The adoption of the criteria for prioritising investments in Integrated Community Centres (ICCs) is the first milestone in this investment. These criteria should be contained in the Manual of the Integrated Community Centres, providing guidelines for prioritisation of communities to benefit from the Integrated Community Centres, approved by Ministerial Order. This milestone is followed by target 370, due by Q2/2025, which consists of building/renovating 200 Integrated Community Centres. Evidence provided: In line with the verification mechanism set out in the Operational Arrangements, the following evidence was provided: 1. Summary document duly justifying how the milestone (including all the constitutive elements) was satisfactorily fulfilled (Cover Note). 2. Copy of the Ministerial Order (Ministry of Health Order 2931/2021, published in the Official Journal No. 1240 bis on 29/12/2021). 3. Copy of the Manual of Integrated Community Centres. 4. Guidelines for the prioritization of investments in Integrated Community Centres. 5. Link to the website where the Manual may be accessed. The authorities also provided: 6. The letter no. 186/20.06.2022 from the Association of Romanian Communes (ACoR) to the Minister of Health confirming the involvement of ACoR in the drafting of the Manual of Integrated Community Centres and in the adoption of the prioritisation criteria for investments in ICCs. 7. The email correspondence between the Ministry of Health and the president of ACoR and the vice-president of the Romanian Association of Cities since December 2021, for their consultation regarding the drafting of the Manual of Integrated Community Centres and the data collection for the prioritisation criteria for investments in Integrated Community Centres. Analysis: 23 In line with the requirements set out in the CID Annex, the Ministry of Health elaborated the Manual of Integrated Community Centres which includes the methodological priority guidelines drafted in consultation with representatives of the local public authorities. The Manual has been adopted by Order 2931/2021 of the Minister of Health and the priority guidelines included therein line out the prioritization of investments in the Integrated Community Centres. The requirements established by the description of the measure and of the milestone in the Council Implementing Decision have been fulfilled as follows:  Regarding the adoption of the Manual of Integrated Community Centres through an Order of the Minister of Health: o the Manual of Integrated Community Centres was approved through Order 2931/2021 of the Minister of Health, published in the Official Journal No. 1240 bis (29 December 2021).  With respect to the requirement of the priority guidelines in the Manual of Integrated Community Centres being developed in consultation with representatives of the local public authorities: o the Manual including the priority guidelines was developed with the support of experts from the Romanian Association of Communes and the Romanian Association of Cities, as proven by the supplementing documents which have been provided (the letter from the Association of Romanian Communes (ACoR) and the email correspondence with the president of ACoR and the vice-president of the Romanian Association of Cities). The consultation with representatives of the local public authorities is also mentioned at page 19 of the Ministerial Order, in the last paragraph.  Regarding the requirement that the prioritisation of Administrative Territorial Units must consider the following six criteria: (1) the number of vulnerable people per community (minimum 500 medically, socially or economically vulnerable people); (2) the availability of association with other vulnerable localities; (3) the existence of a community nurse and a social worker/social assistance technician; (4) administrative territorial units without access to a family doctor or with insufficient number of family doctors relative to the population; (5) the existence of a local council decision to set up the Integrated Community Centres; (6) the identification of the locality as a marginal rural area. The purpose of these criteria is to allow for the prioritisation of Administrative Territorial Units where Integrated Community Centres are to benefit from the investments. o The criteria for prioritising investments in Integrated Community Centres are detailed in chapter 9 (pp. 19-21) of the Manual of Integrated Community Centres which is in the annex of the Ministerial Order. All the criteria correspond to the six requirements enumerated above and listed in the CID Annex. Additionally, the Manual may be accessed online via the following link: https://www.ms.ro/organizare/unitatea-de-implementare-si-coordonare-programe/ Commission Preliminary Assessment: Satisfactorily fulfilled Number: 426 Related Measure: Stepping up the fight against corruption Name of the Milestone: Entry into force of the government decision approving new National Anti- Corruption Strategy Qualitative Indicator: Provision in the government decision indicating the Time: Q4 2021 adoption of the Anti-Corruption Strategy Context: 24 The objective of reform 6 is to step up the fight against corruption through subsequent milestones, by: i) adopting the national strategic framework for its prevention and repression; ii) strengthening the capacity of the institution competent to combat it, namely the National Anti-Corruption Directorate (DNA); iii) recovering the damage and proceeds of crime, to strengthen integrity in the civil service; iv) ensuring an efficient system for declaring assets and interests. Milestone 426 requires the adoption of an Anti-Corruption Strategy (“the Strategy”) by government decision and constitutes the first part of Reform 6. Romania committed to implement at least 70% of the measures foreseen in the strategy by 31 December 2025 (Target 428). Evidence provided: In line with the verification mechanism set out in the Operational Arrangements, the following evidence was provided: 1. Summary document justifying how the milestone (including all the constitutive elements) was satisfactorily fulfilled. The document moreover includes links to the website where the strategy can be accessed. 2. Copy of the publication in the Official Journal No. 1218 of 22 December 2021 of the Government Decision GD 1269/2021 approving the Strategy. 3. Copy of the adopted strategy (as annex to GD 1269/2021), including a summary of the policies and measures envisaged. Analysis: The following elements have been addressed:  The anti-corruption strategy contains 127 measures organised in 5 general objectives and 19 specific objectives, 16 more than those set out in the CID Annex.  As required by the CID Annex, the Strategy sets out five general objectives (detailed from pg. 26 to pg. 40): (1) increasing implementation of anti-corruption measures; (2) reducing the impact of Corruption on citizens; (3) strengthening integrity management and administrative capacity to prevent and fight corruption; (4) strengthening integrity in priority areas; (5) improving the performance of the fight against corruption by criminal and administrative means.  At the level of the specific objective (“SO”), the Strategy aims at training staff of central and local public authorities and representatives of the private sector on environmental integrity issues (SO 4.8, Measure 1), in line with the CID Annex. The Ministry of Justice moreover commits to work with the High Court of Cassation and Justice, the Supreme Council of Magistracy, the National Institute of Magistracy NMI, the Ministry of Environment and the General Inspectorate for Immigration to develop a curriculum for the training of practitioners involved in preventing and combating environmental crime. The curriculum would include issues on preventing and combating related corruption (SO 4.8, Measure 3).  The Strategy aims at allocating a new DNA seat and provide with the necessary financial resources for the fitting-out of the new premises, which is appropriate also in the light of the support structure of the European Public Prosecutor's Office and the Technical Service to be developed (SO 5.1, Measure 2). It moreover commits to the development of the DNA Technical Service, including at territorial level (3 area centres, with staff of the allocated 90 police officers mentioned in SO 5.1, Measure 4) (SO 5.1, Measure 3) and to provide the financial and human resources needed to support investigations into high-level corruption cases – in particular, by allocating and budgeting an additional 90 judicial police officers in DNA (SO 5.1, Measure 4). 25  These measures would help enhance the functioning of the DNA (National Anti-Corruption Directorate), the European Public Prosecutor Office support structure, the Technical Service and the reinforcement of judicial police officers, as required by the CID Annex.  To promote the unification and judicial practice in corruption, the DNA will conduct an analysis of judicial practice concerning corruption cases especially in public procurement (SO 4.4, Measure 1), while ordinary appeals and appeals in the interest of the law will be promoted in order to step up efforts to unify judicial practice with respect to corruption cases (SO 5.1, Measure 7).  As required by the CID Annex, the new Strategy sets out as new priority area environmental corruption (page 21 and SO 4.8, as discussed above) and the integrity in the protection of cultural assets (pg. 23 and SO 4.9). The Strategy moreover addresses the link between corruption and organised crime (SO 5.3), as it acknowledges corruption as one of the means that sustain the activities of organised crime groups and entrench their power. Measures to achieve this objective include the production of a taxonomy of judicial practices on corruption cases associated with organised crime, and the reinforcement of the protection of judicial staff involved in the prevention and fight against corruption and organised crime (pg. 42).  The strategy moreover reviews the integrity legislation (Section C.2, pg. 10-11) and sets out measures to improve legislation concerning: o Conflicts of interests and incompatibilities, especially in the health sector (SO 4.1, Measure 6), education sector (SO 4.2, Measure 6) and the management of cultural heritage (SO 4.9, Measure 2) o Declaration of assets and gifts, especially in the public sector (SO 5.2, Measure 3) o Revolving door (pantouflage), especially to avoid conflicts of interests between providers of anti-corruption training and the examiners that shall award licensing/accreditation/certification mechanisms for that training (SO 4.2, Measure 5) o The status and mandate of Ethics Adviser, in order to make anti-corruption preventive measures more effective (SO 3.1, Measure 1). The uniform application of the general standard of disclosure of public interest information ex officio at the level of central and local public authorities (SO 3.2, Measures 1 and 2). Moreover, Annex 4 includes a General Standard for Disclosure of Public Interest Disclosures that central and local public authorities will have to fill into report, among others, information about their budget and all financial sources and, in the case of contracting authorities, annual public procurement programmes, a summary of procured contracts (for contracts worth less than EUR 5,000) or public contracts (in all the other cases). Commission Preliminary Assessment: Satisfactorily fulfilled Number: 450 Related Measure: Monitoring and implementation of the plan Name of the Milestone: Audit and Controls: information for monitoring implementation of the recovery and resilience plan Qualitative Indicator: Audit report confirming repository system Time: Q4/2021 functionalities Context The objective of the overall investment is to set up and operationalise the integrated IT system, part 26 of the government cloud and connect it with other national and EU systems used for the purpose of the implementation of the recovery and resilience plan. The purpose of the IT system is to ensure the electronic collection, recording and storage of data relating to each component of the RRF, including all data as requested by Art. 22(2)(d) of the RRF Regulation. Evidence Provided: In line with the verification mechanisms set out in the Operational Arrangements, the following evidence was provided: 1. Copy of the final Audit Report, signed on 30/05/2022 by the Audit Authority; 2. A certificate of completion of the works signed by the contractor, i.e. Special Telecommunications Service (STS) no 99817/28.04.2022; 3. An acceptance Protocol signed by STS and the competent authority, i.e. Ministry of Investments and European Projects (MIPE), no 99641/30.03.2022); 4. Summary document justifying how the milestone (including all the constitutive elements) was satisfactorily fulfilled; 5. Link to the website where the IT system can be accessed: (Proiecte PNRR (gov.ro)). Analysis: The evidence provided by the Romanian authorities addresses the description of the reform in the CID Annex as follows: 1. A repository system for monitoring the implementation of the recovery and resilience plan shall be in place and operational before the first payment request (except for pre-financing). The system shall include, as a minimum, the following functionalities: a) collection of data and monitoring of the achievement of milestones and targets; (…) Romania presented a full repository system for monitoring the implementation of the recovery and resilience plan in place and operational before the first payment request (except for prefinancing). The acceptance Protocol signed between the Romanian Special Telecommunication Services (hereinafter STS) and the Ministry of European Investments and Projects (hereinafter MIPE) as national coordinator in March 2022 covers part of the IT system. The Protocol refers to the functionalities of the front office module (the module used by applicants) as being completed and operational. The certificate of completion of works signed by the developer, i.e. STS, on 28 April covers, however the rest of the IT system, i.e. back office modules confirming that the system has been completed and is operational in its integrity since 26 April 2022. The audit report submitted by the Romanian authorities (drafted by the Audit Authority - hereinafter the AA) covers not only milestone 450, but all milestones and targets of the first payment request. M450 is assessed in chapter 3.3 The Audit findings and recommendations for M450 and in detail in Annex 12 of the audit report. The audit report confirms that the IT system (e_SMC) is operational and able to collect all data for the monitoring of the achievement of all milestones and targets, including issuing progress reports and management declarations. Moreover, the Dashboard component is active. It can display in real-time the evolution of the parameters for the implementation of the Plan, i.e