COMMISSION IMPLEMENTING DECISION on the authorisation of the disbursement of the third instalment of the non-repayable support and the third instalment of the loan support for Romania

rting with school year 2023-2024. However, the legislative framework providing access to tertiary education adopted by the Romanian authorities is applicable starting with school year 2025- 2026. Article 34 of Ministerial Order No. 5733/2022 and Article 35 of Ministerial Order No. 5734/2022 foresee that these provisions are applicable starting with the generation of future graduates of dual education of 3 years registered in ninth grade in school year 2022-2023, which means that they are applicable starting with school year 2025-2026. Whilst this constitutes a minimal substantive deviation from the requirement of the Council Implementing Decision, the possibility to obtain a level 4 qualification and then access tertiary education was introduced for the first time to the generation of students who started their dual education in school year 2022-2023, and will graduate in school year 2024-2025. This delay is linked to the complexity and scope of the comprehensive educational reform undertaken by the Romanian authorities, which included the adoption and entry into force in 2023 of the new education laws, Law No.198 and Law No.199. Article 248(17) of Law No. 198/2023 on pre-university education foresees that starting with school year 2025-2026 the technical and professional education with a duration of 3 years (including dual education) is to be reorganized within technological high schools, which opens the possibility for students in dual education to obtain a level 4 qualification in 4 years. Furthermore, the application of the legislative framework starting from 2025-2026 does not change the nature of the measure and does not affect the progress towards the achievement of the reform that this milestone represents. By initiating the application of the new legislative framework in the 2025-2026 school year, the Romanian authorities are prioritizing the delivery of a well-designed dual education system and ensure the transition to tertiary education of the students who began their dual education in the 2022-2023 school year under the new laws. This approach ensures that the first cohort of students under the new framework who will have completed their 3 years of dual education will have the possibility to obtain a level 4 qualification, thus fulfilling the reform’s objective to ensure a complete educational pathway for students registered under dual secondary education, allowing them to advance to third level education programmes. As of this, this minimal deviation does EN 24 EN  not affect the progress towards achieving the reform that the milestone represents. On this basis, it is considered that this constitutive element of the milestone is satisfactorily fulfilled. Additionally, the Council Implementing Decision states that the new methodology shall aim to improve educational outcomes in vocational and educational training (VET). Romania’s recovery and resilience plan (component 15, page 53) provides contextual information showing that the objective of reform C15.R4, which includes milestone 470 under assessment, is to develop dual education with a higher number of areas, qualifications and graduates covered to align VET with the labour market needs and increase its attractiveness. It is stated that the effects of the reform will be, amongst others, a rapid insertion on the labour market for VET graduates, as also stated in the description of the measure in the CID, which clarifies that the objective of this reform is to develop dual education aligned with labour market needs. In light of the purposive interpretation of this requirement from the Council Implementing Decision, the improvement of the educational outcomes in vocational and educational training (VET) is interpreted as requiring that the methodology aligns vocational and educational training (VET) with the labour market needs and increase their attractiveness. Article 2 of the Annex to the Ministerial Order No. 5732/2022 approving the Methodology for the organisation and operation of the dual education foresees that through dual education “Key competences are developed in the context of professional training, in support of successful integration into the labour market, while fostering further education and lifelong learning”. Dual education is an integral part of the VET and therefore updating the legislative framework to allow a better regulation of dual education taking into consideration both the needs of the students and the labour market demands contributes to improving educational outcomes in VET by providing learners with essential skills and enhancing their employability. As such, it is concluded that the aim of the methodology was to improve educational outcomes in VET, for the achievement of which the Romanian authorities have adopted various pieces of legislation ensuring a complete educational pathway for dual education, including access to higher dual education. On this basis, it is considered that this constitutive element of the milestone is satisfactorily fulfilled. Furthermore, the Council Implementing Decision required that the new methodology approved by Government Decision shall ensure a complete educational pathway for students registered under dual secondary and third level education programmes (Qualification 3-7). However, the Romanian authorities have adopted multiple pieces of legislation to ensure a complete educational pathway for dual education students. First, the procedural and structural elements necessary in this regard have been adopted through Government Emergency Ordinance No. 128/2022, amending and completing National Education Law No. 1/2011, which ensures a full dual education pathway by establishing dual tertiary (university) education programmes (paragraphs 2-7 of the sole article). Second, Ministerial Order No. 5732/2022 approves the Methodology for the organisation and operation of the dual education and establishes that the methodology “governs the organisation and functioning of dual education for professional qualifications at levels 3, 4, 5, 6, 7 and 8, as established in accordance with the National Qualifications Framework”, regulating dual education up to Doctorate’s degree programmes (level 8). Article 2 of the Annex to the Ministerial Order defines the scope of dual education, which is the organisation “for the acquisition of knowledge, skills and competences, predominantly for employment, for professional qualifications at levels 3, 4, 5, 6, 7 and 8”. Third, the aforementioned pieces of legislation were complemented by Ministerial Order No. 5442/2022, Ministerial Order No. 5733/2022 and Ministerial Order No. 5734/2022. These Ministerial Orders cover the access and admission requirements to levels 3 to 5 of EN 25 EN  qualifications, including registration procedures and eliminatory and admission tests, therefore ensuring rules on transparency for students entering and progressing in the dual education system. The access to tertiary dual education is covered in Article 72 of the Annex to Ministerial Order No. 5732/2022 which foresees that the access to tertiary dual education of high school graduates with a baccalaureate diploma is to be carried out in accordance with own methodologies of the higher education institutions, developed on the basis of the Framework Methodology for admission in tertiary cycles. Fourth, both Law No. 198/2023 on pre-university education, and Law No. 199/2023 on higher education, which replaced National Education Law No. 1/2011, maintained and developed the provisions regarding dual education (full dual route), consortia for dual education and integrated professional campuses. In this regard, Law No. 198/2023 includes ‘Section V Technological pre-university education in dual system’, and Law No. 199/2023 includes ‘Chapter X Dual higher education’. Whilst this constitutes a minimal formal deviation from the requirement of the Council Implementing Decision, the Government Emergency Ordinance No. 128/2022 and Ministerial Order No. 5732/2022, Ministerial Order No. 5442/2022, Ministerial Order No. 5733/2022 and Ministerial Order No. 5734/2022 constitute legally binding documents and achieve in full the scope of the measure which is ensuring a complete educational pathway for students registered under dual secondary and third level education programmes. In order to ensure a complete dual education pathway, it was necessary to first complete the National Education Law 1/2011 with provisions regarding higher dual education at university level, because this form of education was previously not foreseen in the Romanian education system. Consequently, Romania undertook a complete reform of its education system and Law 1/2011 was replaced in 2023 by Law No. 198/2023 on pre-university education and Law No. 199/2023 on higher education. Additionally, the approval of the Methodology through Ministerial Order was done in line with the applicable legislation. In particular, the legal framework which outlines the approval of the Methodology through a Ministerial Order was at the time of their approval Article 25(6) of the National Education Law No. 1/2011 which foresees that the organisation and functioning of dual education, access to dual education, the duration and content of vocational training programmes are regulated by specific methodologies approved by orders of the Minister of National Education. Similar provisions are found in Article 35(10) of Law No. 198/2023 on pre-university education and in Article 93 of Law No. 199/2023 on higher education, which replaced National Education law No. 1/2011. These provisions are applicable also for Ministerial Order No. 5442/2022, Ministerial Order No. 5733/2022 and Ministerial Order No. 5734/2022. Therefore, the legislative changes made by Romania set out a robust and structured framework that provides a complete educational pathway for students registered under dual secondary and third level education programmes (Qualification 3-7). As of this, this minimal deviation does not affect the progress towards achieving the reform that the milestone represents. On this basis, it is considered that this constitutive element of the milestone is satisfactorily fulfilled. Additionally, The Council Implementing Decision required that the legislative framework for organizing the complete dual education route shall enter into force by 30 September 2022. The Romanian authorities adopted Ministerial Order No. 5732/2022 laying out the Methodology for the organisation and functioning of dual education. This Ministerial Order was published in the Official Journal No. 981 on 10 October 2022, and entered into force on the same date of its publication in the Official Journal, in line with Article 12 (3) of Law 24/2000 on the rules of legislative technique for the drafting of legislative acts. This Ministerial Order was complemented by three other Ministerial Orders which govern the entry requirements EN 26 EN  for level 3, 4 and 5 professional qualifications. Ministerial Order No. 5442/2022 of 26 September 2022 amending the Framework Methodology for the Organisation and Procedure for admission to dual education for professional qualification level 3, according to the National Qualifications Framework, approved by Ministerial Order No. 3556/2017, was published in the Official Journal No. 1018 on 19 October 2022 and entered into force on the same date of its publication in the Official Journal, in line with Article 12 (3) of Law 24/2000 on the rules of legislative technique for the drafting of legislative acts. Ministerial Order No. 5733/2022 of 29 September 2022 approving the Methodology for Access, Organisation and Procedure for admission to dual education for professional qualification level 4, according to the National Framework of Qualifications was published in the Official Journal No. 979 on 7 October 2022 and entered into force on the same date of its publication in the Official Journal, in line with Article 12 (3) of Law 24/2000 on the rules of legislative technique for the drafting of legislative acts. Ministerial Order No. 5734/2022 of 29 September 2022 approving the Methodology for Access, Organisation and Procedure for admission to dual education for professional qualification level 5, according to the National Framework of Qualifications was published in the Official Journal No. 1027 on 21 October 2022 and entered into force on the same date of its publication in the Official Journal, in line with Article 12 (3) of Law 24/2000 on the rules of legislative technique for the drafting of legislative acts. Whilst this constitutes a minimal substantive deviation from the requirement of the Council Implementing Decision, the legislative framework entered into force by the time of the assessment. On the basis of the due justification provided, the milestone should be considered as satisfactorily fulfilled. (73) Milestone 489 provides for the signature of financing contracts for equipping classrooms from the pre-university schools, county centres for resources and educational assistance and extracurricular educational units in the school network with furniture. The Council Implementing Decision required that priority shall be given to educational establishments which had not benefitted from this type of investment in the last five years. The Applicant’s guide specifies according to its section 1.4 - Eligible activities (page 12 and page 14) that funds are to be allocated with priority to schools that did not make such investments for purchasing furniture for classrooms in the last five years. The authorities further explained in justification Document No. 472/DGIPRE of 28 February 2024 that following the submission of the projects and after the assessment of the applications received, financing contracts were signed for all approved projects. This explanation from the authorities is confirmed by the list of projects selected for funding and of contracts signed. The signed contracts account for 85 451 classrooms, including those classrooms in the educational establishments that had not benefitted from this type of investments in the last five years. All educational establishments which had not benefitted from this type of investment in the last five years, and which applied for funding signed financing contracts. Whilst this constitutes a minimal substantive deviation from the requirement of the Council Implementing Decision, by providing support to all approved projects, the authorities enabled a greater number of schools to upgrade their infrastructure, ultimately benefitting a larger number of students and improving the overall quality of education. Therefore, the authorities’ approach ensured a more comprehensive implementation of the investment and achieved the objective of the investment, which is to provide the necessary facilities to meet quality standards in classrooms. As of this, this minimal deviation does not change the nature of the measure and does not affect the progress towards achieving the reform that the milestone represents. On this basis, it is EN 27 EN  considered that this constitutive element of this milestone is satisfactorily fulfilled. Additionally, Romania provided a list of 2 483 financing contracts signed, on the basis of which a sampling exercise was carried out. Each contract in the sample fulfils the requirements set out in the Council Implementing Decision. On the basis of the due justification provided, the milestone should be considered as satisfactorily fulfilled. (74) Milestone 490 provides for the signature of financing contracts for equipping with furniture, materials and equipment for didactic use science laboratories and school cabinets of pre-university schools, county centres for resources and educational assistance and extracurricular educational units in the school network. The Council Implementing Decision required that priority shall be given to the educational units which had not benefitted from this type of investment in the last five years and that are located in rural areas. The Applicant’s guide specifies according to its section 1.4 - Eligible activities of the Applicant’s guide (page 14), th