Legislation
Legislation

Legislation

1.    Legislation
1.1 NATIONAL LEGAL FRAMEWORK

Legal framework on the management and control of the European Structural and Investment Funds

  1. Law No 94/1992 on the organization and operation of the Court of Accounts, republished in the Official Journal 238/03.04.2014, as previously amended;
  2. Regulation on the organization and conduct of specific activities of the Court of Accounts as well as the recovery of the acts resulting from those activities, approved by Decision of the Plenary of the Court of Accounts No 155 of 29th of May 2014;
  3. Law No 500/2002 on public finances, as previously amended;
  4. Law No 215/2001 on public administration, as previously amended;
  5. Law No 273/2006 on local public finances, as previously amended;
  6. Law on regional development No 315/2004, as previously amended;
  7. GD No 398/2015 for the establishment of the institutional framework for the coordination and management of European Structural and Investment Funds and for the insurance of the continuity of the institutional framework for the coordination and management of structural instruments 2007-2013, as previously amended;
  8. No 399/2015 on the eligibility rules for expenditure incurred in operations financed by the European Regional Development Fund, the European Social Fund and the Cohesion Fund 2014-2020, as previously amended;
  9. GEO No 40/2015 on the financial management of European Funds for the 2014-2020 programming period, as previously amended;
  10. GD No 93/2016 for the approval of the methodological rules for the application of the provisions of GEO No 40/2015 on the financial management of European Funds for the 2014-2020 programming period, as previously amended;
  11. GEO No 66/2011 on preventing, finding and sanctioning irregularities in the procurement and use of European funds and/or related national public funds, as previously amended;
  12. GD No 875/2011 for approval of the methodological rules implementing the provisions of GEO No 66/2011 on preventing, finding and sanctioning irregularities in the procurement and use of European funds and/or related national public funds, as previously amended;
  13. GD No 519/2014 on the establishment of rates for the percentage reductions/financial corrections applicable for the irregularities set out in the Annex to the GEO No 66/2011 on preventing, finding and sanctioning irregularities in the procurement and use of European funds and/or related national public funds, as previously amended;
  14. GEO No 49/2017 on certain measures to accelerate the implementation of projects in the International Interest Transport Infrastructure, for amending and complementing GEO No 40/2015 on financial management of European Funds for the 2014-2020 programming period, to supplement Law No 105/2011 on the management and use of non-refundable external funds and national public co-financing for the European Territorial Cooperation objective, as well as for the modification and completion of GD No 17/2015 on the regulation of fiscal-budgetary measures and amending and supplementing regulatory acts;
  15. GEO No 80/2019 on the amendment and supplement of legislation in the field of European Funds.

Legal framework on public procurement

  1. GD No 901/2015 on the approval of the National Public Procurement Strategy;
  2. GEO No 13/2015 on the establishment, organisation and operation of the Public Procurement National Agency;
  3. GD No 634/2015 on the organisation and operation of the Public Procurement National Agency;
  4. Law No 98/2016 on public procurement, as previously amended;
  5. GD No 395/2016 for approval of the methodological rules for the application of the provisions relating to the award of the public procurement contract/framework agreement of Law No 98/2016 on public procurement, as previously amended;
  6. Law No 99 of 19th of May 2016 on sectoral procurement, as previously amended;
  7. GD No 394 of 2nd of June 2016 approving the methodological rules for implementing the provisions concerning the award of the sectoral contract/framework agreement of Law No 99/2016 on sectoral procurement;
  8. Law No 101/2016 on remedies and appeals in connection to the award of public procurement contracts, sectoral contracts and works and service concession contracts, and the organisation and operation of the National Council for Solving Complaints, as previously amended.

State aid and financial instruments legislation

  1. Law on Companies No 31/1990, as previously amended;
  2. Law on Companies No 21/1996, as previously amended;
  3. Law No 346/2004 on stimulating the establishment and development of small and medium-sized enterprises, as previously amended;
  4. GD No 517/2014 on the maximum intensity of regional state aid for the 2014-2020 period for initial investments, as previously amended;
  5. GEO No 77/2014 on national procedures in the field of State aid and on amending and supplementing Competition Law No 21/1996, approved by Law No 20/2015;
  6. GD No 437/2015 for the approval procedure and the content of the Memorandum provided for in Article 7 paragraph (1) of Government Emergency Ordinance No 77/2014;
  7. The Competition Council Regulation of 20th of June 2007 on state aid monitoring procedures;
  8. The Competition Council Regulation of 13th of June 2005 on state aid register;
  9. GD No 807/2014 for the establishment of state aid schemes with the aim of stimulating investments with major impact in the economy, as previously amended;
  10. Methodological Rules of 27th of September 2017 for the application by the Ministry of Business, Trade and Entrepreneurship of the provisions of Article 25 of Government Emergency Ordinance No 77/2014 on national procedures in the field of state aid and on amending and supplementing Competition Law No 21/1996;
  11. GEO 10/2017 for stimulating the establishment of new small and medium-sized enterprises, as previously amended.

The legal framework for accounting and internal control

  1. Accounting Law No 82/1991, republished, as previously amended; 
  2. GO No 119/1999 on internal control and preventive financial control, republished, as   previously amended; 

Specific regulations for ENI, INTERREG, IPA Programmes

  1. GO No 29/2015 on the management and use of non-refundable external funds and national public co-financing for the ”European territorial cooperation” objective, 2014-2020, as previously amended;
  2. Methodological rules of 29th of April 2016 implementing GO No 29/2015 on the management and use of non-refundable external funds and national public co-financing for the ”European territorial cooperation” objective, 2014-2020, as previously amended;
  3. GO No 8/2017 to amend and supplement GO No 29/2015 on the management and use of non-refundable external funds and national public co-financing for the” European territorial cooperation” objective, 2014-2020, as previously amended;
  4. Law No 105/2011 on the management and use of non-refundable external funds and national public co-financing for the “European territorial cooperation” objective, as previously amended;
  5. Order No 489/2012 for the approval of the Methodological rules for the Implementation of Law No 105/2011 on the management and use of non-refundable external funds and national public co-financing for the” European territorial cooperation” objective, as previously amended;
  6. GD No 274/2015 establishing joint secretariats, joint technical secretariats, the national point, national contact points and national contact person, as well as first level control units, with a view to implementing the cooperation programmes in which Romania takes part during the 2014-2020 programming period, as previously amended.

National legal framework for EU financing for agriculture

  1. Law No 1 of 16th of February 2004 (*updated*) on the establishment, organisation and operation of the Payment and Intervention Agency for Agriculture;
  2. GEO No 125 of 21st of December 2006 (*updated*) for the approval of direct payment schemes and complementary national direct payments, to be granted in agriculture from 2007 onwards, and for amending Article 2 of Law No 36/1991 on agricultural corporations and other forms of association in agriculture repealed by GEO No 3/2015;
  3. GEO No 3 of 18th of March 2015 for the approval of payment schemes applicable in agriculture from 2015 to 2020 and for the amendment of Article 2 of Law No 36/1991 on agricultural corporations and other forms of association in agriculture, as previously amended;
  4. GEO No 41 of 18th of June 2014 on the establishment, organisation and operation of the Agency for the Financing of Rural Investments, by reorganising the Paying Agency for Rural Development and Fisheries;
  5. GEO No 74 of 17th of June 2009 on the management of non-refundable Community funds from the European Agricultural Guarantee Fund, the European Agricultural Fund for Rural Development and the European Fisheries Fund and from the State Budget, on the management of grants allocated from the European Community and of funds allocated from the State budget relating to data collection and management programme necessary for the conduct of the Common Fisheries Policy and the Fisheries Control, Inspection and Surveillance Programme and amending Article 10 of Law No 218/2005 on stimulating the absorption of SAPARD Funds, European Agricultural Fund for Rural Development, European Fisheries Fund, European Agricultural Guarantee Fund, by taking-over credit risk by the Guarantee Funds.


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