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

ial Order for the performance and quality indicators to be used for the selection of the medical units benefiting from the Health Quality Fund. The evidence provided by Romania demonstrates that two Ministerial Orders were adopted and entered into force covering the requirements of the Council Implementing Decision. The Council Implementing Decision required the entry into force of the ministerial order for the performance and quality indicators to be used for the selection of the medical units benefiting from the Health Quality Fund. Instead, Romania adopted two ministerial orders. Ministerial Order No. 2567/2023 approving the Methodology for the establishment of performance and quality indicators used to select health units with beds, beneficiaries of the Fund for quality of healthcare was published in the Official Journal No. 711, and entered into force on the date of its publication in the Official Journal on 2 August 2023, according to the provisions of Article 12(3) of Law No. 24/2000 on legislative technique rules for drafting legal acts. Ministerial Order No. 4201/2023 approving the Methodology for performance-based selection of health units with beds, beneficiaries of the Health Quality Fund was published in the Official Journal No. 1133, and entered into force on the date of its publication in the Official Journal on 14 December EN 16 EN  2023, according to the provisions of Article 12(3) of Law No. 24/2000 on legislative technique rules for drafting legal acts. Whilst this constitutes a minimal formal deviation from the requirement of the Council Implementing Decision, both Ministerial Orders have the same legally binding value and ensure that the outcome of having performance and quality indicators ready to be used for the selection of the medical units benefiting from the Health Quality Fund has been achieved. 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 milestone with all its constitutive elements is satisfactorily fulfilled. (58) Milestone 358 provides for the adoption of the sectorial action plans for the development of human resources in health. The evidence provided by Romania demonstrates the adoption and entry into force of the sectoral action plans for the development of human resources in health 2023-2030. On the basis of the due justification provided, the milestone should be considered as satisfactorily fulfilled. (59) Milestone 378 provides for the entry into force of a legislative act necessary to prevent the separation of children from the family and support for vulnerable families. The evidence provided by Romania demonstrates that Law No. 156/2023 on organizing the activity for the prevention of separation of the child from the family entered into force. The law regulates the activities for supporting the families raising and caring for children at risk of separation which are in a vulnerable situation from an economic, social, health or education point of view. On the basis of the due justification provided, the milestone should be considered as satisfactorily fulfilled. (60) Milestone 380 provides for the entry into force of the law for the implementation and operationalisation of the Guide to Accelerating the Deinstitutionalisation Process of all persons with a disability currently institutionalised. The evidence provided by Romania demonstrates that the Guide entered into force through a Government Decision. The Council Implementing Decision states that the reform shall be implemented through the entry into force of a legislative act for the approval of the Guide, and that the Guide will be an annex to the National Strategy for preventing institutionalisation and accelerating deinstitutionalisation, both of them being approved through a Government Decision. In light of the purposive interpretation of this requirement in the Council Implementing Decision, this requirement is interpreted as providing for the entry into force of a Government Decision, as a piece of secondary legislation, instead of a law. On this basis, it is considered that this constitutive element of the milestone is satisfactorily fulfilled. Moreover, the Council Implementing Decision states that the legislative act shall be based on a full mapping of the individual situation of all persons with a disability and currently institutionalized in Romania. The Council Implementing Decision also states, in the name of the reform, that this reform concerns the protection system for adults with disabilities. The Romanian recovery and resilience plan also provides that the reform concerns the protection system of adults with disabilities. In light of the purposive interpretation of this requirement in the Council Implementing Decision, this requirement is interpreted as targeting all adults with a disability and currently institutionalised in Romania. Furthermore, the Council Implementing Decision states that the legislative act shall be based on a full mapping of the individual situation of all persons with a disability and currently institutionalized in Romania. The Council Implementing Decision also states, in the name of the reform, that this reform concerns the protection system for adults with disabilities. The Romanian recovery and resilience plan also provides (in page 20) that the reform concerns the protection EN 17 EN  system of adults with disabilities. In light of the purposive interpretation of this requirement from the Council Implementing Decision, this requirement is interpreted as targeting all adults with a disability and currently institutionalised in Romania. The Strategy is based on information from the full mapping of the individual situation of all adults with disabilities currently institutionalised in Romania, as specified in chapters I, II and IV of the Strategy. The mapping was performed at national level in 2022 with the support of the World Bank and the contribution of central, county and local level authorities. Through this process, data was collected for more than 16 000 adults with disabilities which were institutionalised at the time in public residential services. The data was used to inform decisions to be taken at county and local level, to support case managers and additional personnel in preparing the individual deinstitutionalisation plans and to monitor the progress of the deinstitutionalisation process, as explained in section 3.1., chapter III of the Guide. The individual deinstitutionalisation plans are based on the stages of the “independent living pathway” defined in Chapter I of the Strategy for enabling the adults with disabilities to live independently in the community – preparedness, transitioning/transferring in the community, monitoring and evaluation of the status of the person. This is done by independent case managers, based on the assessment of the person’s needs, thus in compliance with the case management principles, as case management is a working method based on the person-centred approach. The case managers belong to services that are independent from the residential service providers, and they are not employees of the residential centers, as specified in page 70 of the Guide. A detailed analysis of the adults is included, concerning their educational and socio-economic status, as well as autonomy level and medical needs, with a view to identifying appropriate support, assistance services and relevant types of activities. The mapping report can be accessed at the following link: Report-with-updated-mapping-of-the-situation-of-all- persons-with-disabilities-living-in-residen.pdf (gov.ro). On this basis, it is considered that this constitutive element of the milestone is satisfactorily fulfilled. On the basis of the due justification provided, the milestone should be considered as satisfactorily fulfilled. (61) Milestone 381 provides for the entry into force of the law to support the implementation of the adopted national strategy for the prevention of institutionalisation. The evidence provided by Romania demonstrates that Law No. 7/2023 on supporting the process of deinstitutionalisation of adults with disabilities and implementing measures to accelerate it and prevent institutionalisation and amending and supplementing certain legislative acts entered into force. On the basis of the due justification provided, the milestone should be considered as satisfactorily fulfilled. (62) Milestone 384 provides for the entry into force of the legislation approving the implementing rules for the application of Minimum Inclusion Income. The evidence provided by Romania demonstrates that Government Decision No. 1154/2022 approving the implementing rules for the application of the provisions of Law No. 196/2016 on the minimum inclusion income entered into force. On the basis of the due justification provided, the milestone should be considered as satisfactorily fulfilled. (63) Milestone 399 provides for the entry into force of a law for the adoption and implementation of the National Long-Term-Care Strategy. The Council Implementing Decision required the entry into force of a law for the adoption and implementation of the National Long-Term-Care Strategy. However, the Romanian authorities have adopted a Government Decision for the adoption of the National Long-Terms-Care EN 18 EN  Strategy, and amended Law No. 17/2000 for the implementation of the Strategy. Government Decision No. 1492 of 14 December 2022 for the approval of the National Strategy on Long-Term-Care and Active Aging 2023-2030 (hereinafter referred to as “the Strategy”) was published in the Official Journal No. 1251 and 1251bis on 23 December 2022. It 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. Furthermore, to support the implementation of the Strategy, two amendments were made to Law No. 17/2000 on social assistance of the elderly, through: Law No. 355 of 13 December 2022, published in the Official Journal No. 1202 on 14 December 2022 and Law No. 100 of 16 April 2024, published in the Official Journal No. 369 on 18 April 2024. Both laws entered into force three days after their publication, in accordance with Article 12(1) of Law No. 24/2000 on the rules of legislative technique for the drafting of legislative acts. Whilst this constitutes a minimal formal deviation from the requirement of the Council Implementing Decision, the Government Decision adopting the National Long-Term-Care Strategy constitutes a legally binding document, therefore ensuring the enforceability and certainty of application of the Strategy to improve the quality of the long-term care services for older people. Furthermore, the legal framework which outlines the approval of strategies through Government Decision is Article 25 (e) of Government Emergency Ordinance No. 57/2019 on the Administrative Code, which establishes that in fulfilling its functions, the Government is empowered to adopt, through Decisions, strategies, programmes and methodologies in specific fields. Law No. 17/2000 on social assistance of the elderly is a legally binding act important in supporting the implementation of the Strategy because it also regulates the field of long-term care. The law was amended to define the key performance indicators and to ensure the conditionality between the funding disbursement mechanism and the achievement of the indicators as required by the Council Implementing Decision. 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. Furthermore, The Council Implementing Decision required the entry into force of a law for the revision of minimum quality standards. However, the minimum quality standards were revised through Ministerial Order No. 2143/2022 amending Ministerial Order No. 29/2019 for the approval of minimum quality standards for the accreditation of social services for elderly, homeless persons, young people leaving the child protection system, and other categories of adults in difficult situations, as well as community-based services, integrated services and social canteens. Ministerial Order No. 2143/2022 was published in the Official Journal No. 1247 on 23 December 2022 and entered into force on 23 December 2022. Whilst this constitutes a minimal formal deviation from the requirement of the Council Implementing Decision, the Ministerial Order approving the minimum quality standards constitutes a legally binding document, therefore ensuring the enforceability and certainty of application of the standards to improve the quality of the long-term care services for older people. Furthermore, the legal framework which outlines the approval of minimum quality standards through Ministerial Order is Article 4(5) of Law No. 17/2000 on social assistance of the elderly, which requires that the minimum quality standards in social services provided to the elderly are approved by order of the Minister of Labor and Social Solidarity. 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. On the basis of the due justification provided, the milestone should be considered as satisfactorily fulfilled. EN 19 EN  (64) Milestone 410 provides for the entry into force of guidelines for use and enforcement of the Single Register of Interest Transparency (RUTI). The evidence provided by Romania demonstrates that the guidelines for the use and enforcement of RUTI have been adopted and operationalised through an Order of the Secretary General of the Government. The Order sets the guidelines for ensuring transparency and accountability in the interaction between decision makers and interest groups. On the basis of the due justification provided, the milestone should be considered as satisfactorily fulfilled. (65) Milestone 411 provides for the entry into force of the legislation outlining the conditions, assessment methods, preparation procedures and the roles of the General Secretariat of the Government and the Ministry of Justice in overseeing the use of Emergency Ordinances. The evidence provided by Romania demonstrates that legislation and an accompanying methodology entered into force, which set down a detailed framework for the preparation, justification and assessment of Emergency Ordinances, in order to ensure that they are only used in extraordinary situations with appropriate checks and balances in place. On the basis of the due justification provided, the milestone should be considered as satisfactorily fulfilled. (66) Milestone 412 provides for the entry into force of a legislative amendment on the rules of legislative technique for drafting normative acts, ensuring that all consolidated legal texts are published following amendments. The evidence provided by Romania demonstrates that the amendment to Law No. 24/2000 entered into force and requires the systematic publication by the Legislative Council of the full consolidated text of legislative acts. The Council Implementing Decision required that the legislative amendments to Law No. 24/2000 shall enter into force by 30 September 2022. Law No. 343/09 amending Law No. 24/2000 entered into force on 12 December 2022. Whilst this constitutes a minimal substantive deviation from th