Preliminary assessment of the second payment request of Romania

No. 101/2016) Qualitative Indicator: Provision in the law indicating entry into force of the Time: Q1 2022 law on remedies Context:

The aim of this reform is to support good governance by reforming the national public procurement system. This is to be achieved by legal changes, trainings, centralisation of certain procurement activities, and further digitalisation of the procurement process.

Milestone 433 requires an amendment to the national legislation on remedies with respect to public procurement to allow a faster implementation of projects.

Milestone 433 is the first step of the implementation of the reform, and it will be followed by milestone 434 related to the adoption of a Public Procurement Strategy, target 435 related to operational centralised procurement bodies for local authorities, and target 436 related to specialised trainings to be provided. It is also followed by milestones 437 and 438 related to interconnecting and operationalising a public procurement electronic system. The reform has a final expected date for implementation in Q4 2025.

Evidence provided:

In line with the verification mechanism set out in the Operational Arrangements, the following evidence was provided:

   i)   Cover note duly justifying how the milestone was satisfactorily fulfilled;
  ii)   Government Ordinance No. 3 on the legislative amendment to the national legislation on
        remedies (Law No. 101/2016), published in the Official Journal No. 821 on 27 August 2021,
        hereinafter referred to as “the Government Ordinance”;
 iii)   Law No. 291 on the approval of Government Ordinance No. 3 from 25 August 2021,
        published in the Official Journal No. 1067 on 3 November 2022, hereinafter referred to as
        “the Law”.

Analysis:

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

The legislative amendment to the national legislation on remedies (Law No. 101/2016) shall introduce the obligation for the contract to be signed with the winning bidder immediately after the adoption of the National Council for Dispute Resolution (CNSC) decision, prior to a court resolution in case of a complaint against a Council’s Decision.

Government Ordinance No. 3 on the legislative amendment to the national legislation on remedies (Law No. 101/2016) (hereinafter referred to as “The Government Ordinance”) was published in the Official Journal on 27 August 2021 and entered into force three days after the date of its publication. It was ratified by Parliament and codified into Law No. 291 on the approval of Government Ordinance No. 3 from 25 August 2021, published in the Official Journal No. 1067 on 3 November 2022.

Article 4(1) of the Government Ordinance amends the Law No. 101/2016 on remedies and review

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