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

e requirement of the Council Implementing Decision, Law No. 343/09 had entered into force at the time of the assessment. On the basis of the due justification provided, the milestone should be considered as satisfactorily fulfilled. (67) Milestone 424 provides for the entry into force of the amended Criminal Code and Criminal Procedure Code, to bring them in line with the relevant national Constitutional Court decisions. The evidence provided by Romania demonstrates that the three adopted laws address 52 exceptions of unconstitutionality, which the Constitutional Court of Romania admitted concerning certain provisions which were introduced through the entry into force of Law No. 286/2009 (Criminal Code) and Law No. 135/2010 (Criminal Procedure Code) on 1 February 2014. The Council Implementing Decision required that amendments to the Criminal Code and Criminal Procedure Code shall enter into force by 31 December 2022. The three laws entered into force on 11 July 2023 and 14 July 2023, respectively. Whilst this constitutes a minimal substantive deviation from the requirement of the Council Implementing Decision, the three laws had entered into force at the time of the assessment. On the basis of the due justification provided, the milestone should be considered as satisfactorily fulfilled. (68) Milestone 439 provides for the entry into force of updated legislation to improve the framework for the implementation of corporate governance principles in state-owned enterprises. The evidence provided by Romania demonstrates that the new legal framework separates the regulatory and ownership functions, removes any direct or indirect advantage that might derive from State ownership, be it in terms of market rules/regulations, financing, taxation, or public procurement, and ensures that any EN 20 EN  state-owned enterprise pursue obtaining profitability. The Council Implementing Decision required that “the updated legislation for state-owned companies (including those at local level) shall enter into force by 31 December 2022.” Law No. 187/2023 (“the Law”) amending GEO 109/2011 approved by Law No. 111/2016 on the governance of state-owned enterprises was published in the Official Journal on 29 June 2023. According to the provisions in Article 12(1) of Law No. 24/2000 on the rules of legislative technique for the drafting of legislative acts, the Law entered into force three days later, on 4 July 2023. Whilst this constitutes a minimal substantive deviation from the requirement of the Council Implementing Decision, Law No. 187/2023 had entered into force at the time of the assessment. 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 the amended Law 111/2016, removing all exceptions, including for state-owned companies at local level. Article 1(1) of the Law provides for the organisation, operation and governance of public undertakings and ensures that transparency is increased by defining the quality of the information they disclose to the public, in compliance with the principles of corporate governance of public undertakings. Article 1(2) of the Law provides that all state-owned enterprises must apply its provisions, eliminating all exceptions, including for state-owned enterprises at local level. According to Article 1, paragraphs 1, 2 and 5 of the Law, the principles of corporate governance must be implemented by all autonomous administrations, national companies, state-owned enterprises, and companies where the state or a local administrative unit is the sole shareholder, majority shareholder, or exercises control, as well as companies in which one or more public enterprises hold a majority stake or a stake that ensures control. However, Article 1(6) of the Law exempts two autonomous administrations subordinated to the National Bank of Romania (these are the State Mint and National Printing House) from applying the provisions of the Law. As explained in the letter of the National Bank of Romania, these are entities that serve critical functions linked to the performance of the tasks of the National Bank of Romania in relation to the issue of banknotes and coins as means of payment in Romania, in order to meet the country’s cash needs. Insurance and credit institutions such as the State Mint and National Printing House, apply the provisions of the special legislation on corporate governance (Law No. 227/2007, Law No. 207/2022, Law No. 237/2015, and Law No. 236/2018). Whilst this constitutes a minimal substantive deviation from the requirement of the Council Implementing Decision, Articles 1(3) and 1(4) of the Law require that if the corporate governance rules laid down in Law No. 227/2007, Law No. 207/2022, Law No. 237/2015, and Law No. 236/2018 do not provide specific conditions, the provisions of the Law shall apply. Therefore, the Law serves as the general framework for corporate governance in public undertakings and ensures that, in the absence of specific conditions in the special legislation, the provisions of the Law are applicable to the State Mint and National Printing House. 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 milestone 439 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. (69) Milestone 449 provides for the entry into force of a new law on social dialogue, collaboratively negotiated with the social partners and in line with the Recommendations of the International Labour Organization (ILO). The evidence provided by Romania demonstrates that the new Social Dialogue Law entered into EN 21 EN  force and is in line with the requirements of the Council Implementing Decision. On the basis of the due justification provided, the milestone should be considered as satisfactorily fulfilled. (70) Milestone 453 provides for the entry into force of a Ministerial Order adopting a Cross-sectorial Framework Programme and of a Ministerial Order for the establishment, organisation and operation of complementary early-childhood education services. The evidence provided by Romania demonstrates that the Ministerial Order for the adoption of the Cross-sectorial Framework Programme and the legislation for the establishment, organisation and operation of complementary early-childhood education services entered into force. The Council Implementing Decision required the adoption of a Ministerial Order regulating the establishment, organisation and operation of complementary early-childhood education services until 31 December 2022, in order to prepare the launching of the grant scheme. The Romanian authorities adopted multiple pieces of legislation to regulate the establishment, organisation and operation of complementary early-childhood education services. First, the authorities adopted Government Emergency Ordinance No. 128/2022, amending and completing the National Education Law No. 1/2011 with two new paragraphs under its Article 27. The first paragraph states that in localities with an insufficient number of nurseries and kindergartens, complementary early childhood education services may be developed, which could also function as schools. The second paragraph tasks the Ministry of Education to initiate a Government Decision on the organisation and operation of complementary early childhood education services. Government Emergency Ordinance No. 128/2022, entered into force at the time of its publication in the Official Journal No. 941 on 26 September 2022, in accordance with Article 12(3) of Law 24/2000 on the rules of legislative technique for the drafting of legislative acts. Further on, the Ministry of Education prepared Government Decision No. 1604/2022 (hereinafter referred to as “Government Decision No. 1604/2022”), approving the Methodology for the Organisation and Operation of Early Childhood Education Services and amending Annex 4 to Government Decision No. 369/2021 on the organisation and functioning of the Ministry of Education, which was published in the Official Journal No. 1276 on 30 December 2022. 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 considered that this constitutive element of this milestone is satisfactorily fulfilled. On the basis of the due justification provided, the milestone should be considered as satisfactorily fulfilled. (71) Milestone 463 provides for the entry into force of the Ministerial Order for the use of the Early Warning Mechanism in Education (MATE) tool at national level. The evidence provided by Romania demonstrates that Ministerial Orders entered into force: (i) extending the use of the MATE IT tool at national level, covering both the primary and lower secondary education; (ii) approving a methodology for the management of the MATE IT tool of the Integrated Education Information System in Romania for pre-university education activities, in line with the requirements of the milestone. On the basis of the due justification provided, the milestone should be considered as satisfactorily fulfilled. (72) Milestone 470 provides for the entry into force of the Government Decision approving the methodology for organising the complete dual route and the new qualifications resulting from the complete dual route. The evidence provided by Romania demonstrates that the Romanian authorities adopted several Ministerial Orders which EN 22 EN  ensure a complete educational pathway for students registered under dual secondary and third level education programmes. The Council Implementing Decision required the entry into force of a Government Decision approving the Methodology for organizing the complete dual route and the new qualifications resulting from the complete dual route. However, 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. The Ministerial Order establishes in Article 1 of the Annex, which forms an integral part of this Ministerial Order, that the methodology governs the organisation and functioning of dual education up to doctorate’s degree level, detailing the general organisation of dual education both at pre-university level (partnerships with economic operators (Articles 7-16), practical modalities and class organisation (Articles 24 and 25), specific conditions per each qualification level from level 3 to level 5 (Articles 36-51)) and at higher university level (Articles 60-76). The Ministerial Order also sets our provisions related to access requirements and admission to dual education for professional qualification levels 4 and 5, as explained below. Ministerial Orders 5733/2022 and 5734/2022 of 29 September approving the Methodology for Access, Organisation and Procedure for admission to dual education for professional qualification levels 4 and 5, respectively according to the National Framework of Qualifications establish that the students that followed a dual education pathway and obtained a level 3 qualification can continue their dual education studies and obtain a qualification of level 4 or 5, and provide further details regarding the access requirements for levels 4 and 5 of qualification, as explained below. These Ministerial Orders were published in the Official Journal No. 979 on 7 October 2022 and in the Official Journal No. 1027 on 21 October 2022 respectively and entered into force on the same date of their 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. 5442/2022 of 26 September 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 makes limited changes related to the admission procedure. This Ministerial Order 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. Therefore, the methodology for organizing the complete dual route was adopted by Ministerial Order 5732/2022, and complemented by Ministerial Order No. 5442/2022, Ministerial Order No. 5733/2022 and Ministerial Order No. 5734/2022. Whilst this constitutes a minimal formal deviation from the requirement of the Council Implementing Decision, 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. Furthermore, 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 framework through a Ministerial Order is Article 25(6) of the National Education Law No. 1/2011, in force at the time of the adoption of Ministerial Order 5732/2022, which foresees that the organisation and functioning of dual education, access to dual EN 23 EN  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 Law No. 198/2023 on pre-university education, which entered into force at the time of its publication in the Official Journal No. 613 on 5 July 2023 and in Law No. 199/2023 on higher education, which entered into force at the time of its publication in the Official Journal No. 614 on 5 July 2023 and which replaced National Education Law No. 1/2011. Article 35(10) of Law No. 198/2023 on pre-university education foresees that the organisation, operation and access to dual secondary school education, the duration and content of vocational training programmes, the framework partnership contract, the individual practical training contract, the mode of organisation and the conduct of the qualification certification examination are regulated by specific methodologies approved by order of the Minister of Education, and Article 93 of Law No. 199/2023 on higher education foresees that dual higher education is organised for short cycles, first cycle, cycle II and cycle III, professional PhD according to a methodology approved by order of the Minister of Education. 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 the legislative framework with the methodology for organizing the complete dual route with a duration of 4 years, with access to tertiary education, sta