Preliminary assessment of the second payment request of Romania

xvi)    Copy of Government Decision No. 276/2023, published in the Official Journal No. 267 on 30
        March 2023.

Analysis:

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

Entry into force of the legislative framework establishing the National Agency for Infrastructure Development in Health (ANDIS).

The Government Emergency Ordinance No. 76 of 2 June 2022 on the establishment, organisation and functioning of the National Agency for the Development of Health Infrastructure was published in the Official Journal on 3 June 2022 and entered into force on the date of its publication, in accordance with Article 12(3) of Law No. 24/2000 on the rules of legislative technique for the drafting of legislative acts. It was complemented by the Government Decision No. 1506 of 19 December 2022 for the Implementing Rules of Government Emergency Ordinance No. 76/2022, published in the Official Journal on 21 December 2022 as well as by the Government Decision No. 857 of 6 July 2022 on the organisation and functioning of ANDIS, published in the Official Journal on 6 July 2022. Both Government Decisions entered into force on the date of their publication, in accordance with Article 12(3) of Law No. 24/2000 on the rules of legislative technique for the drafting of legislative acts. Law No. 66/2023 approved the Government Emergency Ordinance No. 76 and was published in the

Official Journal on 28 March 2023 and entered into force on 31 March 2023, in accordance with Article 12(1) of Law 24/2000 on the rules of legislative technique for the drafting of legislative acts.

The Council Implementing Decision Annex required that the legislative framework establishing the National Agency for Infrastructure Development in Health (ANDIS) shall set out the following functions for the Agency:

Preparing and implementing priority public health infrastructure investment projects in a timely manner, in accordance with the specifications and within the framework of the approved budget. Article 3(3) letter c) of the Government Emergency Ordinance No. 76/2022 provides the objectives that ANDIS pursues with its activity. These are preparing and implementing investment projects of major importance for the health infrastructure in a timely manner, in accordance with the specifications and within the framework of the approved budget.

Issuing instructions, recommendations and applicable methodological standards for the preparation, implementation and completion of public health infrastructure investment projects. Article 4(1) letter b) of the Government Emergency Ordinance No. 76/2022 provides that for developing health infrastructure, ANDIS has to draft and adopt instructions, guidance and recommendations approved by order of the president of ANDIS. These have to cover the preparation, implementation and completion of investment projects and will apply the relevant legal provisions. Article 4(1) letter d) provides that ANDIS shall develop methodologies on strategies for financing investment projects in health infrastructure, implementation of investment projects of considerable importance in health infrastructure from project design until commissioning of the investment objective achieved under the project according to the destination, prioritisation of investment projects of considerable importance in health infrastructure, management, supervision and commissioning of investment targets of considerable importance in health infrastructure

according to the destination.

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