Preliminary assessment of the second payment request of Romania

  i)    Cover note justifying how the milestone (including all the constitutive elements) was
        satisfactorily fulfilled;
  ii)   Copy of the Government Decision 467/2022 approving the Methodology for drawing up and
        implementing budgetary programmes published in the Official Journal No. 368 on 14 April
        2022.

The authorities also provided:
   i)  Copy of the Government Decision 427/2022 approving the Methodology for drawing up,
       monitoring, reporting, and revision of Institutional Strategic Plans published in the Official
       Journal No. 301 on 29 March 2022;
  ii)  Copy of Law 69/2010 on fiscal and budgetary responsibility, as republished in the Official
       Journal No. 472 on 4 June 2020;
 iii)  Copy of Law 500/2002 on public finances, published in the Official Journal No. 597 on 13
       August 2002;
 iv)   Copy of Law 52/2003 on decisional transparency in public administration, as republished in
       the Official Journal No. 749 on 29 June 2022;
  v)   Copy of Law 248/2013 on the organization and functioning of the Economic and Social
       Council, as republished in the Official Journal No. 740 of 2 October 2015;

 vi)   Copy of Law 367/2022 on social dialogue, published in the Official Journal No. 1238 on 2
       December 2022.

Analysis:

The justification and substantiating evidence provided by the Romanian authorities covers all constitutive elements of the milestone.

Entry into force of the government decision for the approval of the methodology for drawing up, monitoring and reporting of the budgetary programmes

Government Decision No. 467/2022 approving the methodology for drawing up and implementing budgetary programmes (hereinafter referred to as “the Government Decision”) was published in the Official Journal No. 368 on 14 April 2022, and therefore entered into force on the same day, as established by Article 12(3) of Law 24/2000 on the rules of legislative technique for the drafting of legislative acts.

The government decision act shall: - ensure drawing up, monitoring and reporting of budgetary programmes (…) The Government Decision ensures the drawing up and monitoring of budgetary programmes, as evidenced by Article 1(2), which states that the methodology shall determine the form of presentation of the budgetary programmes, their content and the method for developing result and/or efficiency indicators, and the way in which the implementation of budgetary programmes is to be monitored. Art. 3(2) requires that Chief Authorising Officers shall draw up the budget programmes in accordance with the provisions of the methodology. Article VI(2) of the Annex to the Government Decision also ensures the reporting of budgetary programmes, specifying that the Chief Authorising Officers are required to draw up and attach to the annual financial statements annual performance reports.

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