Preliminary assessment of the fourth payment request of Romania

e 2023 (evidence 6). According to the provisions in Article 12(3) of Law No. 24/2000 on legislative technique rules for drafting legal acts, the decision entered into force on the day of its publication in the Official Journal. Article 1 of Government Decision No. 77/2021 establishes the National Forest Guard. Article 5 of Government Decision No. 77/2021 defines the tasks of the National Forest Guard organisation as a whole in section (1). These tasks include, among others, to control the application of the forestry regime and to check the traceability of timber materials. Article 5 of Government Decision No. 77/2021 defines the tasks of individual Forest Guards in section (2). These tasks include, among others, to implement, monitor and control the application of the forestry regime and to monitor and control the traceability of timber materials, thus combatting illegal logging. Government Decision No. 46/2023 regarding the organisation, operation and distribution of the number of posts for the National Forest Guard and the Forest Guards (Hotărâre nr. 46/2023 privind organizarea, funcţionarea şi repartizarea numărului de posturi pentru garda forestieră naţională şi gărzile forestiere, hereinafter referred to as “Government Decision No. 46/2023”) was published in the Official Journal No. 58 of 20 January 2023 (Evidence No. 7). According to the provisions in Article 12(3) of Law No. 24/2000 on legislative technique rules for drafting legal acts, the decision entered into force on the day of its publication in the Official Journal. Government Decision No. 46/2023 further reorganises the National Forest Guard and replaces, through Article 16, Government Decision No. 743/2015 on the organisation and functioning of the Forest Guards (Hotărâre nr. 743/2015 privind organizarea şi funcţionarea Gărzilor forestiere, hereinafter referred to as “Government Decision No. 743/2015”). Article 1 of Government Decision No. 46/2023 defines the National Forest Guard as a public institution which has under its authority the forest guards, whereas Article 1 of Government Decision No. 743/2015 defined forest guards as public institutions, without one National Forest Guard under whose authority they fall. Furthermore, Article 9(e) assigns to the National Forest Guard the responsibility of imposing sanctions for contraventions in the field of forestry and confiscate the timber involved. Accordingly, the National Forest Guard also plays an active role in combating illegal logging. Government Emergency Ordinance No. 63/2025 amending certain legislative acts in the field of forestry (Ordonanță de urgență nr. 63/2025 pentru modificarea și completarea unor acte normative din domeniul silviculturii, hereinafter referred to as “Government Emergency Ordinance 63/2025”) was published in the Official Journal No. 1076 of 21 November 2025 (evidence 8). According to the provisions in Article 12(3) of Law No. 24/2000 on legislative technique rules for drafting legal acts, the Ordinance entered into force on the day of its publication in the Official Journal. Government Emergency Ordinance No. 63/2025 organises the National Forest Administration Romsilva in several articles: • Article I 1 requires competitions for the selection and appointment of management. • Article I 4 specifies the conditions required for the function of director, including, among others, a) a bachelor’s degree in forestry, b) having no convictions for an administrative 11  offence in connection with the forestry authority and c) having no conflicts of interest. It further describes the procedure for selection and appointment of directors, including a written phase and interview. • Article I 10(4) describes the conditions required for main management positions including, among others, Director-General and Deputy Director-General, setting minimum years of experience in forestry. The Government Emergency Ordinance therefore provides for professional requirements and procedures for appointments, reforming the management of the Forest Administration. Government Decision No. 123/2026 approving organisational and operational measures, as well as for the reorganisation of the National Forest Administration – Romsilva (Hotărâre nr. 123-2026 privind aprobarea măsurilor de organizare și funcționare, precum și de reorganizare ale Regiei Naționale a Pădurilor — Romsilva, hereinafter referred to as “Government Decision No. 123/2026”) was published in the Official Journal No. 191 of 2026 (Evidence No. 9). According to the provisions in Article 12(3) of Law No. 24/2000 on legislative technique rules for drafting legal acts, the decision entered into force on the day of its publication in the Official Journal. Government Decision No. 123/2026 further reorganises the National Forest Administration Romsilva in several articles, repealing Government Decision No. 229/2009 on the reorganisation of the National Forest Administration - Romsilva and the approval of the rules of organisation and functioning (Hotărâre nr. 229/2009 privind reorganizarea Regiei Naționale a Pădurilor — Romsilva și aprobarea regulamentului de organizare și funcționare, hereinafter referred to as “Government Decision No. 229/2009”). • Chapter I, Article 2 provides for a central structure and forestry directorates. • Chapter III, Article 6 defines Romsilva’s main tasks and powers, including “a) to apply the National Forest Strategy” and “c) to ensure the integrity of the forest managed and for which it provides forestry services through technical and organisational measures leading to the prevention of illegal logging”. These tasks are absent from Government Decision No. 229/2009. • Chapter IV, section 1 sets up the central structure, including Director-General and directors. Article 11 establishes the main tasks of the central structure, including to “(w): organise annual thematic audits on preventing and combating illegal logging and, on the basis of the findings made, engage administrative, disciplinary, administrative or criminal liability”. The tasks of the central structure were not defined in Government Decision No. 229/2009. • Chapter IV, section 2 sets up the forestry directorates with directors and technical directors. Article 14 establishes the main tasks of the regional forestry directorates, including to “(i): coordinate the identification of high-risk areas for illegal logging in the subordinated forest districts and organise prevention actions, especially in these areas”. The tasks of the forestry directorates were not defined in Government Decision No. 229/2009. • Chapter V sets up Romsilva’s management structure consisting of the Management Board and Director-General. • Article 35 provides for annual evaluations of staff. • Article 39 repeals Government Decision No. 229/2009. • Annex 1 lists the forestry directorates with the counties they include. There are 19 directorates compared to the 42 defined in Government Decision No. 229/2009. Furthermore, in line with the description of the measure, the reform consists of the adoption of (…) legal acts (…) combatting illegal logging and improving forest management. The legal acts – 12 laws, government decisions, government emergency ordinances – that are part of M24 are described above. They combat illegal logging by fixing sanctions, at times higher than in earlier legislation, establishing damage calculation methods, tasking the Romanian Gendarmerie with the protection of forests and augmenting transparency on the provenance of timber. They improve forest management by reorganising the National Forest Guard and National Forest Administration Romsilva, defining their tasks, consolidating forestry directorates and introducing professional requirements and competitions for appointments to key management positions and providing for annual evaluations of staff. 4. Commission Preliminary Assessment: Satisfactorily fulfilled. 13 Number and name of the Milestone: RO-C[C2]-I[5]-M[41] Approval of project design Related Measure: RO-C[C2]-I[5] Integrated flood risk mitigation systems in forest river basins Qualitative Indicator: Approval of project design Time: Q1 2023 1. Context: The objective of this investment is to reduce flood risk to protect people, infrastructure and socio- economic objectives in risk areas, as well as to protect the environment and biodiversity through environmental measures, in particular those relating to ensuring fish migration and ensuring ecological flow. The investment consists of modernisation works for flood protection. Milestone 41 concerns the approval of the project design for the modernisation works for flood protection. Milestone 41 is the first step of the implementation of the investment, and it will be followed by milestone 42, related to the construction of the modernisation works for flood protection. 2. Evidence provided: Name of the evidence Short description 1 Cover note Summary document duly justifying how the target (including all the constitutive elements) was satisfactorily fulfilled. 2 Copy of financing contract COD C2/I5 of 1 Signed contract between the Ministry of the September 2022. Environment, Water Resources and Forestry and the Romanian National Forest Authority Romsilva for the task to carry out the torrential correction project. 3 Endorsement report (aviz) () approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents for the river basin Măieruș, Bacău and Economic Committee for Opinion of County”. Romsilva and dated 26 October 2020. 4 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents for the river basin Grozea, stage III, and Economic Committee for Opinion of Bacău County”. Romsilva and dated 26 October 2020. 5 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents for the river basin Izvorul Negru, and Economic Committee for Opinion of stage II, Bacău County”. Romsilva and dated 24 November 2022. 6 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents for the river basin Pârâul Negru, and Economic Committee for Opinion of Bacău County”. Romsilva and dated 24 November 2022. 7 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents for the river basin and stabilization and Economic Committee for Opinion of of the slope Strâmtura Scaune, pârâul Romsilva and dated 24 November 2022. 14  Asău”. 8 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents for the river basin Martinu”. and Economic Committee for Opinion of Romsilva and dated 26 November 2021. 9 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents for the river basin stream Casele and Economic Committee for Opinion of Bisocii”. Romsilva and dated 7 March 2023. 10 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents for the river basin stream Tisău- and Economic Committee for Opinion of Cheia”. Romsilva and dated 7 March 2023. 11 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents for the river basin Fetița Mare”. and Economic Committee for Opinion of Romsilva and dated 24 November 2022. 12 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents for the river basin between and Economic Committee for Opinion of Grefeniș Stream and Schitu Stream, Neamț Romsilva and dated 11 October 2022. County”. 13 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents for the river basin Valea Rea stage and Economic Committee for Opinion of II”. Romsilva and dated 21 December 2022. 14 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents for the river basin Bucșoița”. and Economic Committee for Opinion of Romsilva and dated 23 February 2023. 15 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents for the river basin Pârâul Leșului”. and Economic Committee for Opinion of Romsilva and dated 23 February 2023. 16 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents Scânteia”. and Economic Committee for Opinion of Romsilva and dated 11 October 2022. 17 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents Valea Lungă”. and Economic Committee for Opinion of Romsilva and dated 11 October 2022. 18 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents Izvorul Govorei”. and Economic Committee for Opinion of Romsilva and dated 26 October 2020. 19 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents Bistricioara, stage II”. and Economic Committee for Opinion of Romsilva and dated 23 February 2023. 20 Endorsement report (aviz) approving the Endorsement report approving the design 15  design for the sub-project “Correction of for the sub-project, issued by the Technical torrents for the river basin Maghernița”. and Economic Committee for Opinion of Romsilva and dated 23 February 2023. 21 Endorsement report (aviz) approving the Endorsement report approving the design design for the sub-project “Correction of for the sub-project, issued by the Technical torrents Fetig, stage III”. and Economic Committee for Opinion of Romsilva and dated 23 February 2023. 22 Feasibility study for the sub-project Feasibility study including the project design “Correction of torrents for the river basin for the project, issued by Tim Wald Consult Măieruș, Bacău County”. to the beneficiary Romsilva and dated 30 September 2019. 23 Feasibility study for the sub-project Feasibility study including the project design “Correction of torrents for the river basin for the project, issued by Tim Wald Consult Grozea, stage III, Bacău County”. to the beneficiary Romsilva and