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

at funds are to be granted with priority to schools that did not make such investments for equipping science laboratories and school cabinets in the last five years. Furthermore, as stated in Annex 10 of the Applicant’s guide, ten additional points are to be attributed to projects localised in disadvantaged areas during the projects’ assessment process. Under section 1.5 – Eligible beneficiaries, the authorities explained that a list of disadvantaged localities was provided in Annex 2 of the guide, which was set on the basis of the updated Local Human Development Index. The authorities explained in justification document No. 473/DGIPRE of 28 February 2024 that where a locality was not included in Annex 12, but would however pertain to a disadvantaged area based on latest demographic changes, the applicant would be able to argue the classification in a disadvantaged area by applying the criteria detailed in the Applicant’s guide. This explanation from the authorities is confirmed by section 1.5 – Eligible beneficiaries of the Applicant’s guide (page 16). The authorities also explained in the summary document and justification Document No. 473/DGIPRE of 28 February 2024 that following the submission of projects and after the assessment of the applications received, financing contracts were signed for all approved projects, irrespective of whether they had benefitted or not from this type of investment in the last five years. This explanation from the authorities is confirmed by the list of projects selected for funding and of contracts signed. Whilst this constitutes a minimal substantive deviation from the requirement of the Council Implementing Decision, considering that at national level 1 236 localities were categorised as pertaining to disadvantaged areas, of which 1 222 were located in rural areas and the remaining were located in urban areas, the authorities decided to use the reference to disadvantaged localities instead, as specified in justification document No. 473/DGIPRE of 28 February 2024. This approach allowed for other projects located in disadvantaged urban areas to also be supported, given they are confronted with similar issues as rural localities, in particular poverty. This approach therefore led to the signature of financing contracts with all educational establishments located in rural areas that applied for support. Furthermore, by providing support to all approved projects, the authorities enabled the equipment of a greater number of science laboratories/school cabinets, ultimately benefitting a larger number of students and improving the overall quality of education. Consequently, 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. 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 school science laboratories/schools cabinets. As EN 28 EN  of this, this minimal deviation does not change the nature of the measure and does not affect the progress towards the achieving the investment that the milestone represents. On this basis, it is considered that this constitutive element of the milestone is satisfactorily fulfilled. Additionally, Romania provided a list of 2 299 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. (75) Furthermore, Romania has also confirmed that previously satisfactorily fulfilled milestones and targets have not been reversed. (76) Following the partially positive assessment concerning Romania’s payment request, in accordance with Article 24(5) of Regulation (EU) 2021/241, the disbursement of the financial contribution for the third instalment of the non-repayable support and the disbursement of the loan for the third instalment of the loan support should be authorised. (77) In accordance with Article 2(3) of the Council Implementing Decision, as specified in the Financing Agreement, the pre-financing of the financial contribution shall be cleared by being proportionally deducted against the payment of the instalments. As Romania received EUR 2 139 237 912 of the financial contribution as pre-financing, an amount of EUR 146 981 612 of the payment should be utilised to clear the pre- financing, of which EUR 32 067 426 to clear the pre-financing for the REPowerEU chapter. Additionally, in accordance with Article 13(3) of Regulation (EU) 2021/241 and Article 5 of the Financing Agreement, this payment shall also be reduced to offset the excess amount of pre-financing of EUR 274 823 310. (78) In accordance with Article 3(3) of the Council Implementing Decision, as specified in the Loan Agreement, the pre-financing of the loan shall be cleared by being proportionally deducted against the payment of the instalments. As Romania received EUR 1 942 479 890 of the loan as pre-financing, an amount of EUR 98 309 452 of the payment should be utilised to clear the pre-financing. (79) This Decision should be without prejudice to procedures relating to distortions of the operation of the internal market that may be undertaken, in particular under Articles 107 and 108 of the Treaty on the Functioning of the European Union. It does not override the requirement for Member States to implement the measures in accordance with Union and national law and, in particular, to notify instances of potential State aid to the Commission under Article 108 of the Treaty on the Functioning of the European Union. (80) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 35(1) of Regulation (EU) 2021/241, HAS ADOPTED THIS DECISION: Article 1 Authorisation of the disbursement of the non-repayable support The disbursement of the third instalment of the non-repayable support as laid down in Section 2.1.3 of the Annex to the Council Implementing Decision of 3 November 2021 on the approval of the assessment of the recovery and resilience plan for Romania for an amount of EUR 1 044 292 406 is authorised. EN 29 EN  In accordance with the Financing Agreement concluded pursuant to Article 23(1) of Regulation (EU) 2021/241 between the Commission and Romania, EUR 421 804 922 shall be utilised to clear the pre-financing of the financial contribution and offset the excess amount of pre-financing paid. EUR 622 487 484 shall be provided to Romania by means of payment to the bank account indicated in the Financing Agreement. Article 2 Authorisation of the disbursement of the loan support The disbursement of the third instalment of the loan support as laid down in Section 2.2.3 of the Annex to the Council Implementing Decision of 3 November 2021 on the approval of the assessment of the recovery and resilience plan for Romania for an amount of EUR 755 598 209 is authorised. In accordance with the Loan Agreement concluded pursuant to Article 15(2) of Regulation (EU) 2021/241 between the Commission and Romania, EUR 98 309 452 shall be utilised to clear the pre-financing of the loan and EUR 657 288 757 shall be provided to Romania by means of payment to the bank account indicated in the Loan Agreement. Article 3 Addressee This Decision is addressed to Romania. Done at Brussels, 28.5.2025 For the Commission Valdis DOMBROVSKIS Member of the Commission EN 30 EN