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DECISIONS OF THE GOVERNMENT OF ROMANIA

THE GOVERNMENT OF ROMANIA

DECISION
on the approval of the Framework-Regulation delegating the management of
the public services of sanitation of towns and villages and of the Framework-
Contract delegating the management of the public services of sanitation of
towns and villages by concession

On the basis of Art. 108 of the Constitution of Romania, republished, Art. 14

paragraph (1) letter b) of the Law No. 326/2001 on public services of communal
husbandry, with the subsequent amendments and additions, and Art. 11 of
Government Ordinance Nr. 87/2001 on the public services of sanitation of towns and
villages, approved with amendments and additions by Law No. 139/2002, with the
subsequent amendments and additions,

The Government of Romania has adopted this decision.

Sole article. – The Framework-Regulation delegating the management of the public

services of sanitation of towns and villages and the Framework-Contract delegating
the management of the public services of sanitation of towns and villages by
concession, as set out in Annexes Nos. 1 and 2 which are an integral part of this
decision, are hereby approved.

PRIME-MINISTER
ADRIAN NĂSTASE

Countersigned by:
Minister of State, Minister of Administration and the Interior,
Ioan Rus
Minister in charge of public administration,
Gabriel Oprea
for Public Finance Minister,
Gheorghe Gherghina,
Secretary of State

Bucharest, March 18th, 2004,

No. 346.
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Annex No.1

FRAMEWORK-REGULATION
delegating the management of the public services of sanitation of towns and
villages

CHAPTER I

Reference rules and regulations

Art. 1. – This Framework-Regulation delegating the management of the public

services of sanitation of towns and villages, hereinafter called Framework-
Regulation, was drawn up on the basis of the provisions of the Law No. 326/2001 on
public services of communal husbandry, with the subsequent amendments and
additions, of Government Decision No. 373/2002 on the organisation and functioning
of the National Regulatory Authority for Public Services of Communal Husbandry –
A.N.R.S.C., with the subsequent amendments, of Government Ordinance No.
87/2001 on the public services of sanitation of towns and villages, passed with
amendments by Law No. 139/2002, with the subsequent amendments and additions,
of Law No. 219/1998 on the regime of concessions, of Government Decision No.
216/1999 approving the Framework – Methodology of implementation of Law No.
219/1998 on the regime of concessions, with the subsequent amendments, of
Government Ordinance No. 16/2002 on public – private partnership contracts,
approved with amendments and additions by Law No. 470/2002, with the subsequent
amendments, of Government Decision No. 621/2002 approving the Methodology of
implementation of Government Ordinance No. 16/2002 on public – private
partnership contracts.

CHAPTER II

General provisions

Art. 2. – This Framework – Regulation sets a coherent juridical framework on

the stages and methods to be carried out in the delegation of the management of the
public services of sanitation or towns and villages.
Art. 3. – (1) The provisions of this Framework - Regulation shall apply in all
cases where the local authorities for public services decide to delegate the
management of the public services of sanitation of towns and villages.
(2) The subject of the management delegation shall be the management of the
public service of sanitation of towns and villages.
(3) Within 30 days of the adoption of the decision delegating the management
of the public service of sanitation of towns and villages in the form of delegated
management, the competent local authority for public services shall issue and
approve, on the basis of the Framework – Regulation, its own regulation for the
delegation of the service management, which is part and parcel of the documentation
preparing the tender.
(4) For the conclusion of the contracts under which the management of the
public services of sanitation or towns and villages is delegated, the competent local
authority for public services shall work out and approve, within 6 months of the
decision to delegate the service management, a specialist study putting forward the
solution for the delegation of the management of the public service of sanitation of
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towns and villages and the documentation required to prepare the tender for the said
delegation. The tender procedures shall start within 2 months of the approval of the
tender documents.
(5) The management of the public services of sanitation or towns and villages
may be delegated only to operators certified by the National Regulatory Authority for
Public Services of Communal Husbandry – A.N.R.S.C.
(6) The process of delegation of the management of the public services of
sanitation of towns and villages shall be monitored by A.N.R.S.C.
Art. 4. – The delegation of the management of the public services of sanitation
or towns and villages shall comply with the legislation in force and shall be carried
out under conditions of transparency, impartiality and competitiveness, being
achieved on the basis of:
a) concession contract;
b) public – private partnership contract.

CHAPTER III

Delegation of the management under concession contract

SECTION 1

Procedures preceding the delegation of management of the public services of

sanitation of towns and villages on the basis of concession contract

Art. 5. – (1) The subject matter of the contract delegating the management by
concession is the public service of sanitation of towns and villages.
(2) The delegation of the management of the public services of sanitation of
towns and villages shall be made by open public tender, after the stages set out in
Art. 3 (3) have been covered.
Art. 6. – (1) In order to keep documentary evidence of all acts and data
relating to the procedures of delegation of the management of the public services of
sanitation of towns and villages and to the implementation of the concession
contracts, the competent local authority for public services, as grantor, shall set up
and keep two registers:
a) the register of “Candidatures and Bids”, containing data and information
about the procedures preceding the conclusion of the concession contract; it shall
indicate at least the data and information relating to the preliminary study, the
submission of candidatures and the bids;
b) the register of “Contracts”, which shall contain data and information relating
to the conclusion and implementation of the concession contract; it shall indicate at
least the data and information relating to the subject matter of the concession
contract, its term, the deadlines for investment completion, the royalty payment
terms, the environment requirements.
(2) The registers shall be set up and kept at the head office of the competent
local authority for public services.
Art. 7. – (1) All the public tender documents, drawn up during the public tender
procedures, shall be kept together by the competent authority for local public
services in a file on the delegation of the management of the public services of
sanitation of towns and villages, which shall be set up for each and every concession
contract.
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(2) The competent local authority for public services shall observe the
confidentiality of the documents comprised in the file on the delegation of the
management of the public services of sanitation of towns and villages.

SECTION 2

The opening of the procedure of delegation of the management of the public

services of sanitation or towns and villages

Art. 8. – The competent local authority for public services, as grantor, may
open the procedure for granting the concession by drawing up the preliminary study,
the Specifications and publishing the announcement about the tender organisation in
keeping with the provisions of Law No. 219/1998 and Government Decision No.
216/1999, with the subsequent amendments.

SECTION 3

The preliminary study

Art. 9. – The initiation of the delegation of the management of the public

services of sanitation of towns and villages shall be based on a preliminary study,
drawn up beforehand by care of the competent local authority for public services,
which shall mainly contain the data set out in Art. 7 letters a) - h) of Law No.
219/1998.
Art. 10. – The preliminary study shall be approved by decision of the local
authority for public services.

SECTION 4

The Specifications

Art. 11. – (1) The Specifications shall contain the minimal terms and conditions
for holding the tender for the delegation of the management of the public services of
sanitation of towns and villages by concession.
(2) The content of the Specifications together with the preliminary study shall
be approved by decision of the local authority for public services.
Art. 12. – (1) The Specifications shall be put up for sale by the local authority
for public services at its head office and / or other places designated by it and
specified in the published announcement.
(2) The price of the Specifications shall be set by the local authority for public
services.
(3) The content of the Framework-Specifications shall be minimal and
presented in the annex to the Framework-Contract.
Art. 13. – The Specifications shall obligatorily provide for:
a) the terms and conditions of exploitation of the public service of sanitation of
towns and villages which forms the subject of concession and the economic, financial
and environment objectives pursued by the local authority for public services in terms
of an efficient exploitation of the service which constitutes the subject of concession;
b) the obligations of the local authority for public services and of the
concessionaire in terms of investments and ways to fund them, including the
investment completion terms;
c) the financial and insurance terms;
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d) the status of the assets used by the concessionaire during the concession
term;
e) the obligations concerning environmental and public health protection, as
well as operating safety, as established under the law;
f) the subject of concession: the data required for the precise identification of
the public service of sanitation of towns and villages the management of which is
delegated, as they come out from the technical-economic substantiation in the
preliminary study, a full list of the assets related to the public service of sanitation and
the relevant quantitative and technical data and values, and the area where the
service granted by concession is carried out;
g) the destination of the assets related to the activities carried out as part of
the public service of sanitation of towns and villages;
h) the obligation to provide a continuous and permanent delegated public
service of sanitation of towns and villages, meeting at least the minimum
performance indicators under the law;
i) the interdiction to subdelegate the management of the public service of
sanitation of towns and villages;
j) the management delegation term;
k) the minimum royalty value and the way it shall be calculated;
l) specific conditions related to the nature of the assets and services the
management of which is delegated, concerning such aspects as: operation in safety,
the use and conservation of the public assets received with the delegation of
management, environmental protection, labour safety, public health, conditions and
terms imposed by the international agreements and conventions Romania is a party
to, conditions of gradual adjustment to the European Union standards etc.;
m) the amount of security to be deposited by the concessionaire under the
law;
n) clauses concerning the termination of the contract on the delegation of
management;
o) for the ongoing public services, clauses concerning the employees and
social protection;
p) procedures of transfer of the activity from the current operator;
q) the inspections carried out by the grantor and the reporting requirements;
r) the conditions of eligibility of the operators who take part in the public tender
for the concession of the management of the public service of sanitation or towns
and villages;
s) the criteria of selection of the bids and their score on a scale which
assesses the importance of these criteria.
Art. 14. – (1) The investments shall be funded from the following sources:
a) the concessionaire’s own funds and allocations from the local budget,
according to the obligations laid down in the contract on the delegation of the
management of the public services of sanitation of towns and villages;
b) bank loans, including loans guaranteed by the local authority for public
services or by the Government;
c) financial grant obtained under bilateral or multilateral agreements;
d) other sources under the law;
e) funds allotted from the state budget as participation in co-financing projects
achieved with external financial grants and / or external loans to the implementation
of which the Government also contributes, and for financing programmes approved
under special laws;
f) savings obtained from the acquisition of performing equipment;
g) other sources.
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(2) The investments made by the concessionaire for the rehabilitation,

modernisation and development of the public system of sanitation shall be paid off by
the concessionaire of the public service of sanitation or towns and villages, during the
term of the contract delegating the management.
(3) Any foreign investments in the public systems of sanitation shall enjoy all
the legal facilities in force at the date of the contract conclusion. The facilities
obtained shall be laid down in the contract on the delegation of the management of
the public services of sanitation of towns and villages and shall be applied for the
period set upon the contract conclusion. Where the investor is granted subsequent
facilities, the contract on the delegation of management shall be adequately
amended, by an additional act, signed by both Parties, and authorised by A.N.R.S.C.
(4) Any investments made from the investors’ own funds shall remain in their
property for the entire term of the contract on the delegation of the management of
the public services of sanitation of towns and villages, unless otherwise agreed upon
when the contract was signed; the contract shall provide for the way such assets
shall be shared upon the termination of the contract for any reason whatsoever.

SECTION 5

The advertising announcement

Art. 15. – (1) After the Specifications have been approved, the competent local
authority for public services shall publish the announcement on the holding of the
tender.
(2) If an open public tender is held, the announcement shall be published in
The Official Gazette of Romania, Part VI, in a daily newspaper of nationwide
circulation and in a local daily newspaper, and it shall obligatorily contain the
following data:
a) the name and the address of the head office of the authority for public
services which organizes the tender;
b) the description of the assets, activity or public service which constitutes the
subject of the delegated management of the public services of sanitation of towns
and villages and the delegation term;
c) the place where the Specifications can be purchased against payment and
where candidates can obtain the instructions concerning the organisation and
unfolding of the procedure of delegation of the management of the public service of
sanitation;
d) the objectives pursued by the authority for public services;
e) the documents to be produced by bidders which should prove their
technical and managerial experience in the management of similar systems, their
creditworthiness and financial capacity to meet the specific requirements laid down in
the Specifications, including the criminal record of the person who shall act as
manager of the operator;
f) the date and place for the submission of the bids;
g) the period of time during which the bidders shall be bound by the terms of
their bids;
h) the date, time and place for the opening of the bids.
(3) The announcement on the organisation of the tender shall be posted up
also at the head office of the competent local authority for public services and at the
place where the public service of sanitation offered for concession takes place.
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SECTION 6

Instructions concerning the organisation and unfolding of the procedure of

delegation of the management of the public services of sanitation of towns and
villages on the basis of concession contract

Art. 16. – The instructions concerning the organisation and unfolding of the
procedure of concession of the management of the public services of sanitation of
towns and villages and the selection criteria shall be issued and approved by the
competent local authority for public services and shall be made available for those
interested, when the Specifications are put up for sale, at its head office and / or any
other place set out in the advertising announcement.

I. The evaluation board

Art. 17. – (1) The evaluation board members shall be appointed by decision of
the competent local authority for public services.
(2) The grantor’s representatives shall be specialists in the provision of the
public service of sanitation or towns and villages.
(3) The evaluation board shall have an odd number of members, not fewer
than 5.
(4) The evaluation board shall have the following membership:
a) representatives of the grantor, of whom at least one with a degree in law;
b) representatives of the Bucharest Municipality or County General Directorate
of Public Finance, as appropriate;
c) a representative of the competent environment authority.
(5) The chairperson of the evaluation board shall be appointed by the grantor
from among its representatives on the evaluation board.
(6) The secretary of the evaluation board shall be appointed by the
chairperson from among the evaluation board members.
(7) The chairperson may invite to the evaluation board meetings personalities
acknowledged for their expertise and competence in the sanitation of towns and
villages as consultants.
(8) The representatives of the central or local authorities for public services or
the guests who are spouses, relatives or up to 4th degree consanguines included of
the natural persons who take part in the public tender, the partners, the controlling
shareholders in the business organisations which participate in the public tender and
of their managers or auditors or who are in a situation of conflict of interests may not
sit on the evaluation board.
(9) The evaluation board members and the guests shall issue a declaration of
compatibility, impartiality and confidentiality on their own responsibility, after the
deadline for bid / candidature submission, which shall be kept in the concession file.
(10) In case of incompatibility, the chairperson of the evaluation board shall
forthwith notify the grantor of the state of incompatibility and propose that the
incompatible person be replaced.
(11) The evaluation board shall have the following powers:
a) to analyse and evaluate the candidatures;
b) to select the bids, on the basis of the data, information and documents
contained in the outer envelope;
c) to analyse and evaluate the bids;
d) to draw up the evaluation report which shall describe the concession
procedure and the evaluation operations, setting forth the essential elements of the
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bids submitted and the reasons for the selection of the winning bidder or, where no
bidder has been designated as winner, the reasons of rejection;
e) to draw up the minutes and reports under the law;
f) to designate the winner of the public tender.
(12) The evaluation board makes valid decisions only with all its members
attending.
(13) The evaluation board shall make decisions independently and only on the
basis of the selection criteria laid down in the instructions concerning the organisation
and carrying out of the concession procedures.
(14) The evaluation board shall adopt decisions with the majority vote of its
members.
(15) The evaluation board members shall keep all the data, information and
documents comprised in the candidatures or bids analysed confidential.
II. Submission of the bids
Art. 18. – (1) The bids shall be drawn up in the Romanian language.
(2) The bids shall be submitted at the place indicated in the advertising
announcement, in two closed and sealed envelopes, put one inside the other, which
shall comply with the conditions laid down in paragraph (3) and within the term stated
in paragraph (4).
(3) The bids shall comply with the following conditions:
a) the outer envelope shall contain the documents which prove the purchase
of the Specifications and the documents listed in Art. 21 point 1;
b) each participant may submit only one bid;
c) the bids shall be recorded, in the order of submission, in a special register
of “Candidatures and Bids”, with the specification of the date and time of submission;
d) the bids received and recorded after the deadline for submission laid down
in the advertising announcement shall not participate in the tender and shall be
returned to the bidders without having been opened;
e) the bid shall be submitted in the number of copies specified by the
competent local authority for public services and in the advertising announcement.
Each copy shall be signed by the bidder.
(4) The term for the submission of the bids ranges between a minimum 20
calendar days and a maximum 60 calendar days from the date of publication of the
tender announcement.
Art. 19. – The bid shall deal in detail with all the conditions laid down in the
Specifications and other obligations the bidder pledges to fulfil in the event of being
awarded the tender, as well as technical and financial data concerning:
a) the investments it undertakes to make, subject to Art. 13 letter b) and Art. 14
(1);
b) the term estimated for the investment pay-off;
c) the quality standards of the assets contributed as investments;
d) the quality standards and performance indicators of the public service of
sanitation of towns and villages to be provided;
e) the prices and / or rates to be charged, subject to the terms and conditions
in Government Ordinance No. 87/2001, approved and amended by Law No.
139/2002, with the subsequent amendments;
f) the royalty it undertakes to pay the competent local authority for public
services.
Art. 20. – (1) The participants in the tender shall deposit a tender bond.
(2) The amount of the tender bond shall be fixed by the grantor in the
instructions concerning the organisation and carrying out of the concession
procedure.
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(3) The bidder shall forfeit the tender bond if it withdraws its bid before the
tender winner has been designated.
(4) The tender bond of the winning bidder shall be retained by the grantor until
the signing of the concession contract.
(5) The grantor shall return the tender bonds to the other bidders within 7 days
of the designation of the winning bidder.
Art. 21. – The bids containing the sealed inner and outer envelopes shall
comply with the following requirements:
1. The public tender for which the bid is submitted shall be indicated on the
outer envelope. Besides the document proving the purchase of the Specifications, ,
the outer envelope shall also contain:
a) a card with information about the bidder and a declaration of participation
signed by the bidder, without any words in bold characters, erased or corrected;
b) documents proving compliance with the eligibility conditions and the tender
bond;
c) the certification from A.N.R.S.C.
2. The bidder’s name and head office shall be indicated on the inner envelope.
This envelope shall contain the bid proper.
3. The sealed envelopes shall be handed over to the evaluation board on the
day set for their opening.
III. The holding of the open public tender
Art. 22. – (1) For the open public tender to take place it is obligatory that there
should be at least 2 bidders.
(2) After the outer envelopes are opened in public meeting, the evaluation
board shall reject the bids which fail to contain all the documents and data laid down
in Art. 21 and Art. 18 (3) and in the instructions for the organisation and carrying out
of the procedure of delegation of the management of the public services of sanitation
or towns and villages.
(3) For the tender procedure to proceed, it is necessary that after the outer
envelopes have been opened at least two bids should comply with the conditions laid
down in Art. 21.
(4) Unless at least 2 bids are submitted by the deadline for the submission of
bids, the competent local authority for public services shall republish the advertising
announcement and the public tender procedure shall be resumed from the stage of
bid submission.
Art. 23. – After the content of the outer envelope has been examined, the
secretary of the evaluation board shall draw up a report with the results of the
analysis.
Art. 24. – The inner envelopes shall be opened only after the report has been
signed by all the members of the evaluation board and by the bidders.
Art. 25. – After the bids have been analysed, the evaluation board may ask the
bidders, in writing, for further clarifications on the content of their bid.
Art. 26. – (1) The weight carried by the bid selection criteria shall be decided
by the competent local authority for public services, according to the characteristic
features of the public service of sanitation which constitutes the subject matter of the
contract of delegation of management by concession.
(2) The bid selection criteria, as laid down in the Annex to this Framework-
Regulation, have a minimal character and shall be established by the competent
local authority for public services in the instructions on the organisation and carrying
out of the procedure of delegation of the management of the public services of
sanitation of towns and villages by concession.
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(3) The bid selection criteria shall refer to the amount and quality of the
services provided to users.
(4) The bid selection criteria shall compare economic efficiency, the proposed
investment amount, the services price, their cost-in-use, their technical value, the
methods proposed for dealing with the requirements related to environmental
protection and social problems, the professional and financial guarantees proposed
by each bidder and the investment completion terms.
Art. 27. – (1) The evaluation board shall select the bid it considers to meet best
the selection criteria.
(2) If the bidders placed first have received an equal number of points, the
score of the criterion carrying the greatest weight shall differentiate them.
Art. 28. – (1) After the evaluation of the bids, the evaluation board shall draw
up a report which shall contain a description of the concession procedure and the
evaluation operations, the essential elements of the bids submitted and the reasons
for designating the winning bidder or, where no winning bidder has been designated,
the reasons of rejection, as well as a bid evaluation account.
(2) The bid evaluation account shall be drawn up by the secretary of the
evaluation board and shall be signed by all its members.
Art. 29. - (1) The evaluation board shall forward the report and the bids
submitted to the competent local authority for public services.
(2) The report shall be deposited in the management delegation file.
(3) Within 5 calendar days of the receipt of the evaluation board’s report, the
competent local authority for public services shall notify the winning bidder of its
selection and the other bidders of the rejection of their bids.
Art. 30. – If the open public tender has failed to designate a winner, this
situation shall be recorded in a report and a new tender shall be held within 30 days.
Art. 31. – Within 10 calendar days of the receipt of the bid rejection
notification, at the request in writing from the rejected bidders, the competent local
authority for public services shall send them a copy of the bid evaluation report.
Art. 32. – (1) Within 5 calendar days of the receipt of the bid evaluation report,
the bidders may file a complaint against the way the legal provisions which regulate
concession by open public tender have been complied with, at the head office of the
competent local authority for public services or at the place for bid submission,
according to the advertising announcement.
(2) Within 10 calendar days of the receipt of the complaint, the competent local
authority for public services shall deal with the complaint and forward its decision to
the bidder who filed the complaint.
Art. 33. – (1) The competent local authority for public services shall appoint a
3-member commission to deal with the complaints.
(2) The members of the commission dealing with the complaints shall be
appointed by the competent local authority for public services, by resolution, order or
decision, as appropriate.
Art. 34. – (1) The commission dealing with the complaints shall analyse all the
documents drawn up by the evaluation board and check compliance with the legal
provisions which regulate the delegation of management by concession.
(2) When checking the documents, the commission dealing with the
complaints shall pay attention to the aspects contested as regards compliance with
the legislation regarding:
a) the make-up of the evaluation board;
b) the incompatibility of the evaluation board members;
c) the conditions for making valid decisions by the evaluation board;
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d) the evaluation of the bids on the basis of the selection criteria laid down in
the instructions on the organisation and carrying out of the concession procedure;
e) the decision-making procedure by the evaluation board;
f) the way the evaluation board’s report has been drawn up.
Art. 35. – (1) If the complaint is well-founded, the competent local authority for
public services shall revoke the award decision and shall notify it to all the bidders.
(2) In the situation presented in paragraph (1), the competent local authority
for public services shall decide to cancel the tender and to hold a new tender.
Art. 36. – In case of an unfavourable decision with regard to the complaint filed
by the rejected bidder, he can refer his case to the competent court of common law
having jurisdiction over the area where the competent local authority for public
services has its head office.

CHAPTER IV

The contract on the delegation of management by concession

Art. 37. – The contract on the delegation of the management of the public
services of sanitation of towns and villages shall be concluded by the competent local
authority for public services and the concessionaire to whom the management is
delegated, subject to the terms and conditions laid down in the Framework-Contract
on the delegation of the management of the public services of sanitation or towns
and villages, presented in Annex No. 2.

CHAPTER V

Provisions on the right to control

Art. 38. – (1) The right to control the delegation of the management of the
public services of sanitation of towns and villages shall be exercised by the
institutions empowered by the law and by A.N.R.S.C.
(2) The control of the delegation of the management of the public services of
sanitation of towns and villages shall in particular establish whether the following
have been complied with:
a) the decision to delegate the management;
b) publicity;
c) the content of the documentation, in particular of the Specifications;
d) the make-up and working method of the bid evaluation board;
e) the terms laid down in this Framework-Regulation;
f) the notification of the factors concerned of the award or termination of the
concession.
Art. 39. – The responsibilities to monitor and control compliance with the
obligations laid down in the contracts on the delegation of the management of the
public services of sanitation of towns and villages shall be fulfilled by A.N.R.S.C. by
continuous comparison of each performance indicator with the level attained by the
most performing operator in the domain, as well as by the competent local authority
for public services.
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CHAPTER VI

Sanctions

Art. 40. – (1) The award of a contract delegating the management of the public
services of sanitation of towns and villages without holding a public tender or to an
unlicensed operator shall be deemed to infringe the law and shall be punishable with
fining from ROL 50,000,000 to 100,000,000.
(2) The provision of public services of sanitation or towns and villages without
an operating license or contract delegating the management shall be deemed to
infringe the law and shall be punishable with fining from ROL 50,000,000 to
100,000,000.

CHAPTER VII

Delegating the management of the public services of sanitation of towns and

villages under a public-private partnership contract

Art. 41. – The delegation of the management of the public services of

sanitation of towns and villages under a public-private partnership contract shall
comply with the terms and conditions laid down in Government Ordinance No.
16/2002, approved and amended by Law No. 470/2002, with the subsequent
amendments and additions, and in Government Decision No. 621/2002.

CHAPTER VIII

Final provisions

Art. 42. – The tender procedures in progress on the date of this Framework-
Regulation coming into force shall continue to be valid and shall be carried through,
subject to the legal provisions in force at the time they started, insofar as the clauses
of the contract which is going to be concluded are not contrary to the legal provisions
in force.
Art. 43. – The contracts granting the concession of public services of sanitation
of towns and villages, validly concluded, produce effects in keeping with the contract
clauses, subject to the legal provisions in force.
Art. 44. – All the performance indicators laid down in the Framework-
Regulation on the organisation and functioning of the public services of sanitation of
towns and villages shall be achieved on the basis of the plans of compliance drawn
up by the bidder and which are part of the bid. The plans of compliance shall be part
and parcel of the contract delegating the management of the public services of
sanitation of towns and villages.
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ANNEX
to the Framework-Regulation

SELECTION CRITERIA

The evaluation board shall evaluate the bids submitted, on the basis of the
selection criteria presented below and in keeping with the maximum number of points
for each criterion.
The selection criteria presented below are minimal.

Economic and financial aspects of the bid (60 points):

Criterion Number
of points
• The bidder’s organisational structure and, if appropriate, its share 5
capital
• The bidder’s economic and financial situation, including its 10
creditworthiness
• The bidder’s experience and, if appropriate, the experience of its 10
shareholders – the group members – in organising financing with a
view to expanding and exploiting the public service of sanitation or
similar services
• The level of the rates proposed for the public service of sanitation at 10
the start of its exploitation and a rate setting system, taking account
of the maximum and minimum rates considered adequate for the
delegation of management and of the conditions for introducing
them
• The financing plan for expanding and exploiting the objective which
constitutes the subject of the delegation of management of the
public service of sanitation, taking account of the following aspects,
but without being limited to them:
1. the investments from the bidder’s own funds, which can be 5
used immediately after the delegation contract has been
signed
2. obtaining external financing – credits, loans 5
3. the bidder’s capacity to secure financing without pay-back 5
guarantees from the local authority for public services
4. payments made to the local authority for public services 5
and formulas proposed for sharing the profit generated by
the delegation of management
5. financial insurance – for example: letter of credit, 5
performance bond

Technical aspects of the bid (60 points):

Criterion Number
of points
• The bidder’s organisational and technical preparations, the 20
technical procedures and solutions for boosting efficiency proposed
by it
• The programme of investments proposed in the bid and their 10
contribution within the system, after commissioning
• The programme and system of monitoring, organisation and control 10
of the public service of sanitation delegated for management
 Page 14 of 46

• The evolution of the quality indicators of the public service of 10

sanitation during the management delegation term
• The programme of rehabilitation of the public service of sanitation 10
and for rate cutting

General terms of the bid (30 points):

Criterion Number
of points
• The conditions, cost level and procedures for environmental 10
protection as well as those for keeping, maintaining, modernising
and returning the public assets used during the management
delegation contract term
• The programme on the human resources taken over at the date of 10
management delegation, including the programme of staff training
and retraining and the layoff terms, if appropriate
• The employment of Romanian contractors and the use of materials 10
and products manufactured locally, proposed by the bidder

Legal aspects of the bid (30 points):

Criterion Number
of points
• The conditions of management delegation accepted by the bidder 10
and laid down in the Specifications
• Risk and liability sharing between the local authority for public 5
services and the bidder
• The form of control and monitoring demanded by the local authority 5
for public services and the evolution of the performance indicators
to be achieved during the management delegation contract term
• The insurance system and the guarantees proposed for delegating 5
the management of the public service of sanitation
• The management delegation term 5
The maximum number of points 180
 Page 15 of 46

ANNEX No. 2

FRAMEWORK CONTRACT
delegating the management of the public services of sanitation of towns and villages
by concession

CHAPTER I

The Contracting Parties

Between the County Council / Local Council / the local public institution ………
…….., having its head office in …………….., No. ……, ………….. Street, bl……..,
sc. ……., et……., ap. ….., county/sector …………… , represented by ………………
……, holding the position of ………………. , as grantor, on the one hand,
and
the business organisation / Regie autonome (the economic operator’s
incorporation act) ………………………………, single registration code ………………
…., having its head office in ………………, No. …….., …………….. Street, bl. ……,
sc. ….., et. ….., ap. ……, county/sector …….., represented by ………….. , holding
the position of ……………….. , as concessionaire,
on the date of …………….. , at the grantor’s head office (other place, address,
etc.) ……………………….. , on the basis of Law No. 219/1998 on the regime of
concessions and of Decision (issued by the Government, County, Town or Village
Council) approving the concession No. ……………. of ………………, this concession
contract has been concluded.

CHAPTER II

The Subject of the Concession Contract

Art. 1. – The subject of the concession contract shall be the exploitation of the
public service of sanitation according to the objectives pursued by the beneficiary.
Art. 2. – The public services of sanitation shall include the following activities:
a) the pre-collection, collection, transport and dumping of solid waste, with the
exception of the toxic, hazardous and the waste with special regime;
b) the setting up and management of ecological waste dumps and compost
production;
c) the sweeping and washing of public roads, the maintenance of green areas
and parks;
d) the snow clearing and transport from public roads and road maintenance
under conditions of sleet, freezing or snowfalls;
e) the pre-selection and organisation of waste recycling;
f) pest control, disinfection and deratization.
Art. 3. – The grantor shall pursue the following objectives:
a) the improvement of the population’s living conditions by the promotion of
the quality and efficiency of these services;
b) the promotion of the quality and efficiency of these services;
c) the sustainable development of these services;
d) environmental protection.
Art. 4. – The following categories of assets shall be used by the
concessionaire in exploiting the concession:
 Page 16 of 46

a) return assets………………………………;
b) take-over assets ………………………….;
c) own assets ………………………………...;

CHAPTER III

General Provisions

Art. 5. – The concession contract has the following obligatory annexes:

a) the Specifications;
b) the inventory of the assets held in public and private property, relating to the
public service of sanitation;
c) the certificate of hand-over – take-over of the delegated public service of
sanitation.
Art. 6. – (1) The local authorities for public services shall retain the powers of
adoption of the policies and strategies of development of the public services of
sanitation and the right to monitor, control and supervise the fulfilment of the
obligations relating to the provision of the public services of sanitation:
a) the observance and fulfilment of the contract obligations assumed by
sanitation operators;
b) the quality of the services carried out / provided;
c) the parameters of the services carried out / provided;
d) the administration, exploitation, conservation and keeping in operation,
development and/or modernisation of the urban infrastructure connected with the
public services of sanitation, given over under the concession contract;
e) compliance with the rates applicable for the public services of sanitation;
…………………………………………………………………………………………………..
(2) The National Regulatory Authority for Public Services of Communal
Husbandry (A.N.R.S.C.) shall be responsible for monitoring the fulfilment of the
obligations laid down in the contracts delegating the management of the public
services of sanitation of towns and villages, in particular with regard to: compliance
with the performance criteria, a regular rate adjustment on the basis of the
adjustment formulas, compliance with the Competition Law No. 21/1996, with the
subsequent amendments and additions, insurance of the user protection and an
efficient exploitation of the public and/or private assets allocated to the services.
(3) Upon the conclusion of the contracts on the provision of services, the
standards, regulations, prices and rates in force at the date of contracts conclusion
shall be stated.

CHAPTER IV

The Contract Term

Art. 7. – The concession contract term shall be ………. years, as of ……….. .

Art. 8. - The concession contract term may be extended with a period equal to
half its initial term at the most, by the agreement of the Parties, which will conclude
an additional act at least ………. years/months before its termination.

CHAPTER V
 Page 17 of 46

The Royalty

Art. 9. – The royalty amounts to ROL………………… and shall be paid

annually/monthly, in keeping with the Specifications.
Art. 10. – The annual/monthly royalty shall be indexed every year/month by the
average inflation or deflation rate index, as set out in the Price Statistical Bulletin.
Art. 11. – The concessionaire shall, within 90 days of the contract signature
date, deposit as security a fixed sum of money representing a share of the payment
owed to the grantor, as established by the latter and due for the first year of activity;
the security shall be deposited by the concessionaire with a commercial bank having
its head office or branches in …………………. , in an interest bearing account from
which the grantor will be able to draw any penalties and sums due by the
concessionaire under the contract.
Art. 12. – The amount of the security shall be ROL ……………. .

CHAPTER VI

The Royalty Payment

Art. 13. – The amount set out in Art. 10 shall be paid by check, payment order,
to account No. ………………………………. , opened with ……………………………. .
Art. 14. – The amount set out in Art. 10 shall be paid by the date of ……………
….. of the current year/month, for the previous year/month.

CHAPTER VII

The Rights of the Parties

The concessionaire’s rights

Art. 15. – The operator has the following rights:
1. to exploit directly, at its own risk and responsibility, the assets, activities and
public services of sanitation which constitute the subject matter of the concession
contract;
2. to collect the rate for the public service of sanitation provided;
3. to suspend provision of the public service of sanitation if the local authority
for public services defaults on its contract obligations, under the legislation in force;
4. to initiate amendments and/or additions to this contract following changes in
the regulations and/or the technical-economic conditions which underlay its
conclusion;
5. to charge the rate approved or adjusted according to the influences exerted
on the values of the cost price components.

The grantor’s rights

Art. 16. – The grantor has the following rights:
1. to inspect the asset granted by concession, to check the progress of
investment works and the way in which the public interest has been satisfied by the
provision of the public service of sanitation, checking whether the obligations
assumed under the concession contract have been fulfilled;
 Page 18 of 46

2. to unilaterally modify the regulated part of the concession contract for

exceptional reasons related to the national or local interest;
3. to decide the programmes of rehabilitation, extension and modernisation of
the existing facilities;
4. to coordinate the design and implementation of the investment works so
that they should be implemented in a coherent manner, correlated with the economic
and social development programmes of towns and villages and with town and
country planning;
5. to approve the feasibility studies concerning the rehabilitation, extension
and modernisation of the public facilities related to the public services of sanitation;
6. to carry out investments of mutual interest in the town and country
infrastructure related to the public services of sanitation and/or by partnership
between the local Councils;
7. to finance works required by the public services of sanitation;
8. to contract and guarantee, under the law, loans for financing programmes of
investment in the infrastructure related to the public services of sanitation;
9. to express the intention to acquire the take-over assets and to ask the
concessionaire that a contract of purchase and sale of these assets be concluded.
Within ……………….. the grantor shall exercise its right of option under pain of
losing this right.

CHAPTER VIII

The Obligations of the Parties

The concessionaire’s obligations

Art. 17. – The concessionaire has the following obligations:
1. to obtain from the competent authorities:
a) the functioning authorisation, under the law;
b) the operating authorisation issued by the local authority for public services;
c) the authorisation issued by the local authority for environmental protection;
2. to meet the commitments assumed under the concession contract;
3. to comply with the provisions of the Framework-Regulation for the
organisation and functioning of the public services of sanitation or towns and villages;
4. to provide services to all the users in the area for which it has been
authorised to operate in keeping with the provisions of the regulations of the public
service of sanitation;
5. to observe the performance indicators laid down in the concession contract;
6. to supply the local authorities for public services and A.N.R.S.C. with the
information requested and to ensure access to all the data required for checking and
assessing the functioning and development of the public services of sanitation in
keeping with the clauses of the delegation contract and the legislation in force;
7. to put in place performing management methods which should result in
lower operating costs, including by the application of the competitive procedures laid
down in the legislation in force;
8. to take over from the local authorities for public services, on the basis of a
delivery-takeover certificate, the assets and the employees required for the
provisions of the services under contract;
9. to provide the public service of sanitation in keeping with the provisions laid
down in the Specifications, under conditions of quality and efficiency;
 Page 19 of 46

10. to substantiate and submit for approval the rates to be charged in the
sanitation activities;
11. not to sub-concession the assets which constitute the subject matter of the
concession;
12. to pay the royalty in the amount established and at the term set in the
concession contract;
13. to adopt all the necessary measures with regard to the return assets, so
that at the end of the concession contract term the grantor’s capacity to provide the
public service of sanitation be at least equal to that at the date on which the contract
comes into force;
14. to substantiate the annual funding requirements for investments from its
own sources and from the rate difference for social protection;
15. to submit proposals to the grantor for putting out of operation the fixed
means belonging to the assets granted in the form of concession on the basis of the
law in force;
16. to notify the grantor of any asset changes which have occurred during the
year and of the situation of the public assets (quantity and value) on December 31 of
each year in order to be recorded in the grantor’s books;
17. to give back the return assets, in full property, for no consideration and free
of any encumbrance, upon the termination of the concession contract;
18. the operator shall, upon the termination of the concession contract for
reasons other than the term, force majeure and the Parties’ agreement, ensure the
continuity of operation under the conditions laid down in the concession contract,
until the operation is taken over by the grantor, but not for more than 90 days;
19. to give notice of the causes which may bring about a reduction of the
operation and the measures to be taken to ensure the continuity of the operation;
20. to adopt the necessary measures to ensure proper hygiene, safety at the
workplace and the observance of labour safety regulations;
21. to hand-over, upon the termination of the concession contract, all the
technical-economic documentation related to the service provided;
22. to carry out the following investments:
a) the assets brought over as investments (their identification data, technical
data): …………………………………………………………………………………………
…………………………………………………………………………………………………
………;
b) the terms for investment completion ………………………………………….. ;
c) the investments which are not paid off during the concession term …… ……
…………………………………………………………………………………………………
…………………………………………………………………………………………… ;
d) the permits to be obtained unless assets with a special regime are allocated
………………………………………………………………………………………………… ;
e) the quality standards of the operations and public services carried out ……
…………………………………………………………………………………………… ;
23. to comply with the conditions imposed by the nature of the assets,
operations or public services (to keep the state secret, materials with a special
regime, safety in operation, environmental protection, labour safety, conditions for the
use and protection of heritage, etc.) ………………………………………………………
……………………………………….. ;
24. to conclude with the grantor, upon the termination of the concession
contract, a purchase – sale contract the subject matter of which are the take-over
assets as laid down in the Specifications and established under this concession
contract, and which the grantor has expressed the intention to acquire;
 Page 20 of 46

25. within 90 days of the concession contract signature, the concessionaire

shall deposit, as security, the amount of ROL …………. , representing a share of the
amount owed to the grantor as royalty for the first year of operation;
26. upon the termination of the concession contract for reasons other than the
term expiry, excluding force majeure, the concessionaire shall ensure the continuity
of the operation or public service, under the conditions laid down in the contract, until
the operation or public service is taken over by the grantor;
27. where the concessionaire becomes aware of the existence or likelihood of
a cause which may render the operation or public service impossible, it shall forthwith
notify the grantor thereof, for the adoption of measures ensuring the continuity of
operation or public service;
28. the concessionaire shall continue the exploitation of the assets, the
operation or the provision of the service under the new conditions set by the grantor,
unilaterally, according to Art. 16 point 2, without being entitled to ask for its
termination;
29. the concessionaire shall keep a number of ……………… employees;
30. the concessionaire shall undertake to pay …………………% of the
insurance premium.
Art. 18. – Clauses on the concessionaire’s obligations as laid down in the
hereto annexed Specifications:
…………………………………………………………………………………………………..
The grantor’s obligations
Art. 19. – The grantor has the following obligations:
1. to draw up and approve the local rules and regulations of functioning of the
service providers which carry out sanitation activities on the basis of the framework-
regulations provided for by the law;
2. to set and approve the rates for the public services of sanitation, set the
subsidy to be paid from the local budget to cover the difference between the costs
borne by the sanitation operator and the sums effectively cashed in from the
provision of services;
3. to hand-over to the concessionaire, upon the entry into force of the
concession contract, all the assets, plant, equipment and facilities used in all
operations, with the existing inventory, free from any charges, on the basis of a
delivery-takeover certificate;
4. to send the sides concerned information about the conclusion of this
concession contract;
5. to help the operator be issued with an authorisation for works and
investments in the public and private domain, in keeping with the legislation in force;
6. to assume, for the entire concession contract term, all the responsibilities
and obligations lying with it as owner, except for those explicitly transferred to the
operator under the concession contract;
7. to adopt all the necessary measures to replace the assets put out of use, so
that the continuity of the public service of sanitation be ensured;
8. not to prevent the concessionaire from exercising its rights under this
concession contract;
9. not to unilaterally modify the concession contract, with the exception of the
cases provided for under the law;
10. to notify the concessionaire of the occurrence of any circumstances likely
to harm the concessionaire’s rights.

CHAPTER IX
 Page 21 of 46

The Quantity and Quality of Services – Performance Indicators

Art. 20. – (1) The performance indicators, the quantity and quality of services
shall be laid down in the Specifications presented in the Annex which is an integral
part of this concession contract.
(2) The performance indicators shall lay down the requirements to be complied
with by operators in providing public services of sanitation.
(3) The performance indicators shall set out the conditions which the public
services of sanitation should meet, including:
a) continuity from a quantitative and qualitative point of view;
b) permanent adaptation to the user requirements;
c) banning any discrimination in ensuring access to the public services of
sanitation;
d) compliance with the specific regulations in the area of sanitation.
Art. 21. – The performance indicators for the public service of sanitation shall
refer to:
a) the progress in fulfilling the parameters stated in the concession contract
(timetable by hour and by day, periodical service);
b) the operator / user general relationships;
c) the staff situation: number, structure, industrial accidents, health condition;
d) the employer – trade union social relations;
e) the technical conditions of the infrastructure and vehicles;
f) a comparative analysis of operating costs;
g) the state of implementation of the investment programme;
h) the income and expenditure budget implementation;
i) unhindered access of the central and local authorities for public services, in
keeping with their competence and duties under the law, to the information required
in order to ascertain:
- compliance with the contract obligations;
- the quality and efficiency of the services carried out / provided as against the
performance indicators laid down in the concession contract;
- fulfilment of the requirements of administration, exploitation, conservation
and maintenance in operation, development and/or modernisation of the public
systems in the town infrastructure, given over under the contract delegating
management;
- the way the rates for the public services of sanitation are calculated and set;
- the progress in investment implementation;
- compliance with the parameters laid down in the technical instructions;
j) the maintenance of equitable relations between operator and user by a
prompt and objective solution of the problems, with the rights and obligations of each
Party being observed.
Art. 22. – The minimal, general and guaranteed performance indicators for
public services of sanitation shall be laid down in Annex No. 1 to the Framework-
Regulation for the organisation and functioning of the public services of sanitation or
towns and villages.
 Page 22 of 46

CHAPTER X

Rates Charged and Adjustment Formulas

Bill Collection

Art. 23. ………………………………………………………………………………..

CHAPTER XI

Termination of Contract

Art. 24. – (1) This concession contract shall terminate in the following
situations:
a) upon the expiry of the term laid down in the concession contract, unless the
Parties agree in writing on its extension under the law;
b) where the national or local interest so requires, by unilateral notice of
termination by the grantor, with the payment of a just compensation beforehand by
the grantor;
c) in case of default on contract fulfilment by the concessionaire, by
cancellation, with the payment of a compensation by the concessionaire;
d) in case of default on contract fulfilment by the grantor, by cancellation, with
the payment of a compensation by the grantor;
e) in case of loss, for reason for force majeure, of the assets given as
concession, or in case of objective impossibility on the part of the concessionaire to
exploit it, by renunciation, without the payment of any compensation;
f) where the local interest so requires, by redemption of the concession, which
can only be done by administrative act, upon the grantor’s proposal; in this case, a
technical-economic documentation setting the redemption price shall be drawn up.
No damages shall be paid in such a case of termination of the concession;
g) other clauses on the termination of the concession contract, without
prejudice to the clauses and conditions regulated by law.
(2) Upon the termination, for any reason, of the concession contract, the
assets which were used by the concessionaire in the process of running its
concession shall be distributed as follows:
a) return assets ……………………………….. ;
b) takeover assets ……………………………. ;
c) own assets …………………………………. ;

CHAPTER XII

Special Clauses on the Maintenance of the Contractual Balance Generated by

the Tender Results and Corruption Prevention

Art. 25. - ………………………………………………………………………………

 Page 23 of 46

CHAPTER XIII

Contract Clauses on Sharing Environment Liabilities between the Grantor and

the Concessionaire

Art. 26. ………………………………………………………………………………

CHAPTER XIV

Keeping the Staff, Retraining Policies and Staff Protection during the
Concession Contract Term

Art. 27. - ……………………………………………………………………………..

CHAPTER XV

Force Majeure

Art. 28. – Neither Contracting Party shall be held responsible for failure to fulfil
on schedule and/or failure to fulfil properly, totally or partially, any obligation lying with
it under this concession contract, if the default was caused by force majeure.
The Party which claims force majeure shall notify the other Party within ……
….. of the occurrence of the event and shall take every possible action to limit its
consequences.
If within ……….. of the occurrence, the event does not come to an end, the
Parties have the right to notify each other of the termination de jure of this
concession contract without any of them being entitled to claim damages.

CHAPTER XVI

The Termination of the Concession Contract

Art. 29. - ………………………………………………………………………….

CHAPTER XVII

Contractual Liability

Art. 30. - ………………………………………………………………………………

Proven failure by the Contracting Parties to fulfil the obligations laid down in
this concession contract carries the contractual liability of the defaulting Party.
The defaulting Party shall pay the penalties laid down in the Specifications,
and if such penalties do not cover the damage, it shall pay extra damages for the part
left uncovered.
The Contracting Parties shall explicitly set the penalties for default on each of
the obligations laid down in this contract.
 Page 24 of 46

CHAPTER XVIII

Disputes

Art. 31. – (1) Disputes of any kind arising from the implementation of the
concession contract shall be dealt with by a court of common law.
(2) For the solution of any possible disputes, the Parties may include
arbitration clauses in the concession contract.

CHAPTER XIX

Other Clauses

(for example: conventional termination clauses, criminal clauses)

Art. 32. ……………………………………………………………….

CHAPTER XX

Reference Regulations

Art. 33. – This framework concession contract has been drawn up on the basis
of the following reference documents:
a) Law No. 326/2001 on public services of communal husbandry, with the
subsequent amendments and additions;
b) Government Decision No. 373/2002 on the organisation and functioning of
the National Regulatory Authority for Public Services of Sanitation of Towns and
Villages – A.N.R.S.C., with the subsequent amendments and additions;
c) Government Ordinance No. 87/2001 on public services of sanitation of
towns and villages, approved and amended by Law No. 139/2002, with the
subsequent amendments and additions;
d) Law No. 219/1998 on the regime of concessions;
e) Government Decision No. 216/1999 approving the framework methodology
for the application of Law No. 219/1998 on the regime of concessions, with the
subsequent amendments;
f) Government Decision No. 162/2002 on waste disposal;
g) Government Decision No. 128/2002 on waste burning;
h) Government Decision No. 856/2002 on keeping waste management
records and approving the list of waste, including hazardous waste;
i) Government Decision No. 349/2002 on packaging and packaging waste
management.
Art. 34. – Any amendment to this concession contract shall be made only by
additional act concluded between the Contracting Parties.
The grantor may unilaterally amend the regulatory part of this concession
contract, sending notice thereof beforehand to the concessionaire, for exceptional
reasons related to the national or local interest, as appropriate.
This concession contract together with the Annexes, which are part and parcel
of it, represents the will of the Parties.
This concession contract shall come into force on the day of its signature and
has been drawn up in …………… copies.
 Page 25 of 46

Grantor, Concessionaire,
……………….. ……………………

NOTE:
Art. 23, 25, 26, 27, 29, 30 and 32 will be added if so required by the Parties’ interests
and the concrete situation, under the law.
 Page 26 of 46

ANNEX
to the Framework-Contract

FRAMEWORK-SPECIFICATIONS

for the delegation of the management of the public services of sanitation of

towns and villages

CHAPTER I

General provisions

Art. 1. – (1) These Specifications were drawn up on the basis of the legislation
in force and spell out the minimum conditions for holding the tender for delegating the
management by concession of the public service of sanitation of a town or village.
(2) It is the responsibility of the competent local Council to issue the
Specifications, to decide on the method of management and to work out the
preliminary study with a view to establishing the solution of delegation of the
management of the public services of sanitation, and also the documents required to
prepare the tender.
(3) The Specifications and the preliminary study shall be approved by decision
of the local Council.
Art. 2. – The Specifications constitute an annex to the Framework-Contract
delegating the management of the public services of sanitation of towns and villages.

CHAPTER II

The subject-matter of the concession

A. Data of identification of the public service of sanitation

Art. 3. – (1) The public service / services of sanitation which constitute(s) the
subject-matter of the concession is / are:
- ………………………………………………………………
- ………………………………………………………………
- ………………………………………………………………
(2) The grantor of the public service of sanitation is the local / county Council
of the village / town/ county ………………………….. , its head office being situated in
………………. , No. …….. …………….. Street, county/sector ……….. .

B. The activities of the public services of sanitation of towns and villages

SECTION 1

The pre-collection, collection, transport and dumping of solid waste, except for the
toxic, hazardous and the waste with a special regime

1. Description of activities

Art. 4. – This activity implies the following cycle of operations:

 Page 27 of 46

a) pre-collection;
b) selective collection of municipal waste, including packaging waste and
the biodegradable fraction;
c) transport of municipal waste;
d) inspection / analysis of waste upon entry to the dump;
e) sorting of waste at the dump;
f) waste dumping;
g) waste compaction;
h) environment monitoring at the dump;
i) weighing the lorry for waste collection at the entry to and exit from the
dump;
j) disinfection of the lorry for waste collection.

2. Technical conditions

2.1. Pre-collection of municipal waste

Art. 5. – The pre-collection of municipal waste shall be carried out by the waste
producers, at the pre-collection points which shall be provided with standard bins
having a capacity correlated with the number of users and the waste removal
periodicity. The pre-collection points shall be organised in such a way as to comply
with the sanitary and environmental protection standards, without causing any
discomfort to the neighbours, under the legislation in force.

2.2. Collection of municipal waste

Art. 6. – (1) The collection of municipal waste shall be made only from
standard bins, by unloading the waste into the lorries for waste collection.
(2) The bins used by the users shall be standard containers and shall be
supplied by the operator under a commodate contract to natural persons and
associations of tenants / owners and by renting or sale to economic operators.
(3) Municipal waste collection shall be made by lorries, and these shall be
loaded in such a way that the waste should not be visible and likely to be scattered
on the public road. The bins shall not be overturned in yards, on the street or on
pavement, with a view to reloading the municipal waste into the lorries.

2.3. The transport of municipal waste

Art. 7. – (1) The municipal waste shall be transported with lorries, which shall
be loaded at full capacity.
(2) The lorries for waste collection shall be in a technical and maintenance
state adequate to circulation on public roads, without any fuel, lubricant or special
liquid leakage, shall be compatible with the type of pre-collection bins, the charging
baskets shall be leak-free and personalised with an inscription visible on at least two
sides and not smaller than 1 sq.m.
(3) The lorries for waste collection shall be fitted up with hangers for shovels or
other tools used to clean up the work area.
(4) The travel from the work area to the dump shall follow the shortest route
admissible, without any intermediate stationing.
(5) Each lorry for waste collection shall have a manufacture licence issued by
the Ministry of Transport, Construction and Tourism.
 Page 28 of 46

2.4. Municipal waste dumping

Art. 8. – (1) Municipal waste, after collection, shall be dumped only at the
dumps …………………………………….. set up for this purpose alone and which
function under the legislation in force.
(2) Only municipal waste brought over by authorised means of conveyance
shall be accepted at the dump.
(3) The dump operator shall issue the person who delivers the waste with a
standard confirmation act, according to the Technical Regulations on waste dumping
– the building, exploitation, monitoring and closure of waste dumps, approved by
Order No. 1147/2002 of the Minister of Waters and Environmental Protection.

3. Quantity of works

Art. 9. – (1) The municipal city/town/village of …………………… has …………

inhabitants registered every year on an average, including the floating population, of
whom ……. % live in individual houses and ……….. % in associations of
tenants/apartment owners.
(2) The estimated quantity of municipal waste which shall be taken into
account when calculating the bid is the following:
- municipal waste: 0.5 – 0.8 kg/inhabitant/day, the equivalent of …………. tons/day,
……………. tons/month, …………… tons/year, of which: …………. tons/month from
individual houses and ………………. tons/month from associations of tenants /
apartment owners;
- waste deemed equivalent to household garbage, coming from economic operators:
………… tons/month, of which ……. tons/month from economic operators in the food
sector and …………. tons/month from economic operators in sectors other than the
food sector.
(3) The specific average weight of waste stands at …….. kg/cu.m.
(4) The waste collected falls under the following categories:
- garbage from households;
- waste deemed equivalent to household garbage, produced by economic operators.
(5) These amounts of waste shall be collected from both the users who have a
contract on the provision of the sanitation service concluded with a licensed operator
and from the persons who are exempt from the payment of this service under the
legislation in force.

4. The service provision schedule

Art. 10.- (1) The activities laid down in Art. 4 shall be carried out according to
the service provision schedules which shall be annexed to the contract delegating the
management of the public services of sanitation.
(2) The municipal waste collection schedule shall be laid down in the contract
on the provision of the sanitation service, concluded by the operator and the user.
When establishing the frequency of municipal waste collection account shall be taken
of the average amount of waste generated every day by each inhabitant and the
need for hygiene maintenance at the pre-collection points.
(3) When completing the bid form, account shall be taken of a municipal waste
collection frequency as follows:
a) during the hot season: April 1 – October 1:
- on a daily basis, from the central areas and from food shops, health units, market
places, canteens, restaurants, hotels, kindergartens and nurseries;
- every two days at the most, from households;
b) during the cold season: October 1 – April 1:
 Page 29 of 46

- on a daily basis, from the central areas and from food shops, health units, market
places, canteens, restaurants, hotels, kindergartens and nurseries;
- every 3 days at the most, from households.
(4) Every month, the operator shall enclose to the bill any changes in the
service provision schedule for the following month, with the specification of the waste
collection periodicity.
(5) The waste collection shall preferably be carried out during the day, and
according to necessity, in the afternoons and at night, with the user’s consent.
(6) The municipal waste collection schedule shall indicate the division of the
authorised area by cantons, each user’s address and number of persons, the days of
the week on the which the waste is collected, the route covered by each waste
collection lorry every day, the routes to the dumps, the total number, type and
capacity of the lorries in operation every day and/or the reserve lorries.

5. Quality requirements
Art. 11. – The service provision shall meet the following quality standards:
a) municipal waste pre-collection shall be made only in standard bins and in a
number sufficient for the temporary storage of the waste between two collections;
b) the dumps shall be supplied with containers for the selective collection of
the municipal waste, including packaging waste and the biodegradable faction;
c) the staff working on the waste collection lorries shall not leave any waste
remains on the pre-collection platform / the area where the containers are placed;
d) the operator shall inform the user about the day and time of waste
collection;
e) the day and time established for municipal waste collection shall be
complied with;
f) the pre-collection bins shall be periodically disinfected;
g) the municipal waste shall be transported with special lorries, which are in a
proper technical and maintenance condition, personalised with the operator’s name;
h) the municipal waste shall be dumped only in authorised dumps;
i) the waste collection lorries shall be disinfected by the operator in keeping
with the sanitary regulations in force.

6. Staff and equipment

Art. 12. – The operator shall establish the number of the staff, lorries and
equipment for the collection and transport of municipal waste on the basis of the
workload estimated in Art. 9, ensuring strict compliance with the days and times for
waste collection decided with the user.

7. Technologies
Art. 13. – The operator shall specify in the tender documentation its plans with
regard to the organisation and functioning of the service of collection and transport of
municipal waste, with reference to the equipment to be used, the insurance of the
use factor and the dump operation plan.

8. Inspections, acceptance of work, guarantees

Art. 14. – (1) The grantor shall carry out frequent inspections of the way the
operator is providing the service, drawing up daily reports on the service quality and
the amount of municipal waste effectively transported, on the basis of the weighing
receipt issued by the dump authority.
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(2) In its daily reports, the grantor shall also record the way the operator has
dealt with the complaints received from users and, possibly, the penalties imposed on
the operator for any shortcomings found out.
(3) At the end of each month a certificate of acceptance of work shall be drawn
up and signed by both Parties, including the findings from the daily reports.
(4) The operator shall bear responsibility and liability form a financial point of
view for the proper provision of the service and the quality and quantity established.
(5) The operator shall fill in and sign the bid form presented in Annex No. ……
…. to the Specifications.

SECTION 2

Sweeping and washing of public roads

2.1. Description of activity

Art. 15. – (1) The activities of sweeping and washing of public roads shall be
carried out in order to ensure a state of cleanness of the public domain.
(2) These activities shall imply the following operations:
a) the sweeping of the roadway, pavement, squares, parking areas, and of the
areas adjacent to traffic, rest or recreational areas;
b) the washing of the roadway and the pavement;
c) the roadway sprinkling;
d) the street waste collection;
e) the transport of street waste;
f) the weighing of street waste;
g) the unloading of street waste at authorised dumps;
h) the disinfection of the lorries used by the operator for the transport of street
waste.
(3) The following categories of street waste shall be collected: waste resulting
after manual sweeping, scraping the kerbstone clean, emptying street tidies, from
refuse dumped at unauthorised places, various objects thrown about on the
street, including dead animals.
(4) Street waste shall be collected from the public domain areas specified
in Annex No. ………
(5) The public domain to be kept in a salubrious state shall include the
whole surface of the roadway and pavement, underground passes, overpasses,
the public squares specified in Annex No. …………. .
(6) The public domain shall be kept in a salubrious state as a result of all
the activities referred to in Art. 15 (2).

2.2. Technical conditions

2.2.1. Manual sweeping
Art. 16 – (1) Manual sweeping shall be carried out on the entire surface of
the roadway and pavement, squares, parking areas, and of the zones adjacent to
traffic, rest or recreational areas;
(2) This activity shall be carried out in the period from March 1 to
November 15, a period which can be modified according to the weather
conditions on the basis of an additional act to the Framework-Contract delegating
the management of the public services of sanitation of towns and villages.
(3) The manual sweeping shall be carried out both during the day and at
night, but not when it rains.
 Page 31 of 46

(4) This operation shall be carried out in the authorised area, on the streets
and with the frequency laid down in Annex No. …………….. .
(5) The sanitation service shall include the following operations:
a) the sweeping of the roadway and pavement with brooms made of twigs
or plastic brooms; the marks left by the broom shall be uniform and shall not raise
dust;
b) the pre-collection of street waste: paper, bags, boxes, plastic bottles,
vegetal remains in Euro-bins;
c) the depositing of street waste in Euro-containers of 1.1 cu.m.;
d) the emptying of the street tidies into plastic bags or Euro-bins;
e) the washing of the street tidies and of the Euro containers located in the
public domain;
f) the unloading of the street waste into lorries and its daily transport to the
following authorised dumps: …………………………………………………..

2.2.2. Mechanical sweeping

Art. 17. – (1) Power road sweeping shall be carried out with sweeper-
collectors, fitted up with cylindrical and/or circular brushes which clean the street
all over its width.
(2) The entire surface of the roadway and of the pavement to the extent to
which this is possible shall be swept. The operation shall be carried out in the
authorised area, on the streets and with the frequency established in Annex No.
……. .
(3) This activity shall be carried out during the day or at night, but not when
it rains. The working season lasts from snow melting to the first snowfalls.
(4) This activity shall include the following operations:
a) the effective power sweeping of the areas to be cleaned;
b) the emptying of street tidies with the vacuum tube;
c) the unloading of the collected waste at the following authorised dumps:
………………………………………………………….
2.2.3. Keeping the streets clean
Art. 18. – (1) Keeping the streets clean shall imply the collection by hand of
any normal or accidental waste deposits from the areas already swept – roadway
and pavement.
(2) This activity shall be carried out as a rule in the areas already swept. It
shall be carried out all the year round, according to the programme drawn up by
the operator, save for the days when public roads are covered by snow.
(3) This activity shall include the following operations:
a) the collection of waste deposits into Euro-bins;
b) the emptying of street tidies into plastic bags or Euro-bins;
c) the loading of the waste from the plastic bags or Euro-bins into lorries
and its daily transport to the following authorised dumps: …………………………
…………………………………………………………………
2.2.4. Scraping the kerbstone clean
Art. 19. – (1) Scraping the kerbstone clean is an activity which shall be
carried out all the year long, whenever necessary, save for the cold season when
the roadway is covered with snow or ice.
(2) Scraping the kerbstone clean is an activity rendered necessary by
objective causes, accidental causes (torrential showers which carry along slime),
underground network breakdowns, building works, etc.
(3) Scraping the kerbstone clean shall consist of the removal of mud, sand,
dust or vegetal remains from an area 0.75 m wide from the street curb towards
 Page 32 of 46

the street median, in the authorised area, on the streets and with the frequency
laid down in Annex No. ……………….. .
(4) The activity shall include the following operations:
a) kerbstone scraping with the drilling iron rod or the shovel;
b) heaping up the mud, sand, earth or dust which resulted from the
scraping;
c) loading the heaps into Euro-bins;
d) emptying the Euro-bins into the lorries and the daily transport of the
waste to the following authorised dumps: ………………………………………….. .

2.2.5. Street washing

Art. 20. – (1) The activity shall imply the washing of the surface of the
streets, alleys and pavements with a hose connected to a tank truck or to
hydrants and shall be carried out only on the days when the temperature does not
fall below 5oC.
(2) The washing shall be made with a powerful water jet, after sweeping.
For a quality operation, special solutions (detergents) and brushes can be used.
3) The activity shall be carried out in the authorised area, on the streets
and with the frequency laid down in Annex No. ……………….. .

2.2.6. Roadway sprinkling

Art. 21. – (1) Roadway sprinkling shall be performed during the period
between April 1 and October 1, a period which can be modified depending on the
effective weather conditions, and shall be carried out on the areas already swept.
(2) The sprinkling shall consist of water dispersion all over the roadway, to
prevent dusting and to raise the standard of comfort and hygiene.
(3) This activity shall be carried out only with specialised equipment. It shall
be performed in such a way as to avoid causing any inconvenience to passers-by
and sprinkling buildings, shop windows and other facilities with water.
(4) The activity shall be carried out in the authorised area, on the streets
and with the frequency laid down in Annex No. ……………….. .
(5) The activity shall include the following operations:
a) the filling of the tank truck with water from the following water supply
points: ……………………………………………… , authorised by the operator of
the public services of water supply and sewerage;
b) the effective sprinkling of the roadway.

SECTION 3

Snow clearing and transport from public roads to keep them usable under
weather conditions causing icy roads or frost

3.1. Description of the activity

Art. 22. – This activity shall be carried out during the day or at night,
depending on how necessary it is; it is aimed at keeping roads usable and
includes the following operations:
a) the manual clearing of snow;
b) the power clearing and loading of snow and snow ploughing;
c) action against icy roads;
d) clearing of discharge openings.
 Page 33 of 46

3.2. Technical conditions

3.2.1. The manual clearing of snow
Art. 23. – (1) This activity shall be carried out during the day or at night,
depending on how necessary it is. The activity shall imply snow heaping up, 10 –
15 metres apart, in areas where the snow heaps do not cause any inconvenience
to road traffic or to passers-by and do not affect the public domain utilities.
(2) The manual clearing of ice shall be carried out by breaking or cutting,
with special devices and tools.

3.2.2. The power clearing and loading of snow and snow ploughing
Art. 24. – (1) The power clearing of snow consists in the power brushing of
snow, snow ploughing, loading, transport and unloading of snow at the following
authorised places: ………………………………………………………………. .
(2) Power brushing of snow means its removal from traffic areas by means
of metal brushes fitted up on vehicles.
(3) Snow ploughing shall be carried out on streets where the snow layer is
thicker than 10 cm as a rule; it shall not be carried out on uneven streets.
(4) Public roads shall be made usable again within 4 hours of the end of
the snowfall.
(5) The snow loading and transport shall be made with adequate vehicles,
until best conditions have been created for road traffic and for the movement of
passers-by.

3.2.3 Action against icy roads

Art. 25. – (1) This activity aims to increase the factor of vehicle adhesion to
the road and shall be carried out in the authorised area, on the streets and with
the frequency laid down in Annex No. ………….. .
(2) Action against icy roads shall be undertaken with:
a) a mixture of salt and sand;
b) a salt emulsion.
(3) This activity shall be carried out with special equipment or manually, in
particular on sloping roads, bridges, at crossroads, the stops of public transport
vehicles, squares, on roads near rivers or lakes.

3.2.4. Clearing of discharge openings

Art. 26. – (1) Rain water is collected by the sewerage system, which is
managed and maintained by ……………………….. .
(2) The operator shall remove the snow – the ice from the discharge
openings of the sewerage system to facilitate the discharge of the water caused
by snow melting.

3.3. Workload
Art. 27. – (1) A number of ………. streets shall be cleared, according to
Annex No. …………., with a total length of …………. m., with a total area of
roadway and pavement to be cleared of …………. sq.m., of which the pavement
area is ….. sq.m., and the roadway area is …….. sq.m.
(2) The areas to be cleared, the amount of street waste resulting from them
and from street tidies, and also the number of discharge openings on the public
domain to be cleared, which shall be taken into account by the operator when
drawing up its bid, are presented in Annex No. ……… .
(3) The quantities resulting according to Annex No. …. shall be taken into
account by the operator when filling in the bid form.
 Page 34 of 46

(4) Other details concerning each street shall be supplied to the operator
when the works get under way.

3.4. The works schedule

Art. 28. – The works schedule shall be drawn up by the operator, who shall
take care that the public domain areas covered by the programme should be kept
clean on a daily basis by carrying out all the required works under Section 2 and
this Section – depending on the season –, and shall be notified to the grantor
before the start of the planned works.

3.5. Quality standards

Art. 29. – The public domain (roadway – pavements) which constitutes the
subject matter of this contract is deemed to have been cleaned up after the works
below have been carried out, at an adequate rate (as laid down in the
performance schedule issued by the operator), depending on the season and the
urban population size:
 manual sweeping;
 keeping streets and pavements clean;
 power sweeping;
 kerbstone cleaning by manual scraping;
 sprinkling roads and alleys with water;
 power washing of the roadway and pavements by a water jet
from the tank truck;
 manual washing with the hose connected to the tank truck;
 power clearing of snow;
 manual clearing of snow;
 action against icy roads by spreading non-skid substances,
manually, from tip-up lorries and trailers;
 action against icy roads by spreading non-skid substances,
mechanically, from specialised equipment;
 collection, loading and transport of the waste resulted from street
cleaning, street tidies and street Euro-bins;
 clearing of discharge openings.

3.6. Supply with staff – equipment

Art. 30. – The operator shall establish the number of staff, lorries and
equipment for the collection and transport of municipal waste on the basis of the
workload estimated in Section 2 and this Section, taking care that the public domain
areas covered by the performance schedule be kept in a state of cleanness on a
daily basis by the carrying out of all necessary works – depending on the season -,
so as to obtain and maintain the quality standard under this Chapter.

3.7. Technologies
Art. 31. – The operator shall specify in the tender documentation its plans with
regard to the organisation and functioning of the service of sanitation of the public
domain and transport of municipal waste, with reference to the equipment to be used,
the insurance of their use factor, the facilities offered, etc.

3. 8. Inspections, acceptance of work, guarantees

Art. 32. – (1) The grantor shall carry out frequent inspections of the way the
operator is providing the service, drawing up daily reports, confirmed also by the
 Page 35 of 46

operator, on the quality and quantity of the works performed, the amount of municipal
waste effectively transported, established on the basis of the weighing receipt issued
by the dump authority for the equipment used to transport such waste.
(2) In its daily reports, the grantor shall also record the way the operator has
dealt with the complaints received from the grantor and, possibly, the penalties
imposed on the operator for the shortcomings found out.
(3) At the end of each month a certificate of acceptance of work shall be drawn
up and signed by both Parties, including the findings from the daily reports.
(4) The operator shall bear responsibility and liability from a financial point of
view for the proper performance of the works, the quality and quantity established in
the performance schedule.
(5) The operator shall fill in and sign the bid form presented in Annex No. ……
…. to the Specifications.

3.9. Snow clearing

3.9.1. Description of the works
Art. 33. – (1) Snow clearing consists of specific works of removal of snow or
ice and action taken against icy roads so as to secure a safe road traffic and
movement of passers-by.
(2) Specialised or general power equipment and human workforce shall be
used for the performance of these works.
(3) The operator shall be experienced and shall possess efficient equipment.
All snow clearing equipment shall be fitted up with modern communication devices
(transmitting-receiving stations, cell phones).
(4) The snow clearing schedule shall be established by the local authority for
public services.

3.9.2. Performance schedule

Art. 34. – (1) The snow clearing schedule shall be submitted for approval to
the local authority for public services by October the 1st and shall be implemented
under its direct coordination.
(2) The schedule shall be drawn up for the main and secondary roads, which
are presented in Annex No. ……, and shall contain a descriptive and a graphic part.
(3) The schedule shall set forth the algorithm of the snow clearing works,
which shall be strictly complied with. The prime urgency shall be snow clearing works
on the roads ensuring access to public institutions, bread factories, the facilities of
the operators of public services, educational establishments.
(4) The operator providing the services shall be adequately prepared for direct
intervention (equipment, materials, workforce, work programmes) by November the
15th of each year at the latest. The existing equipment shall cover the whole gamut of
works which are to be carried out according to the approved schedule.
(5) The operator providing the services shall take all necessary measures to
be prepared for action within one hour of receiving the instructions to start work and
within two hours at the full planned capacity. The first operations shall fight ice
formation on sloping roads, bridges, at major crossroads, in squares and public
transport system stops.
(6) The main roads shall become usable again within 4 hours of the cessation
of the snowfall.
(7) If need be, the snow clearing equipment shall work around the clock, the
activity being organised in shifts.
 Page 36 of 46

(8) Confirmation of the snow clearing works shall be done on the basis of the
approved working schedule and daily job tickets to be drawn up by the operator and
confirmed by the grantor.

3.9.3. Financial terms for the performance of the works

Art. 35. – (1) The operator providing the services shall collect every month
from the grantor, under the performance contract, the payment for the works carried
out (labour, equipment, materials) and confirmed by the grantor.
(2) The prices of the materials shall be selected by the operator and shall be
the most advantageous from a minimum 3 bids which shall be submitted to the
grantor before the bid selection, by October the 15th of each year.

SECTION 4

Pest control, disinfection and deratization

4.1. Description of the activity

Art. 36. – This activity shall include the following operations:
a) the selection of the objectives where the procedure is going to be applied;
b) the selection of the materials and substances to be used;
c) the selection of the devices and equipment to be used;
d) the selection of the protection equipment;
e) the confirmation of the works performed.
Art. 37. – Pest control shall be carried out at the following places:
- buildings of public institutions;
- communal parts in condominium-type buildings, houses;
- channels where water supply, sewerage, heating systems
are located;
- parks, graveyards, lake shores;
- market places, fairs, stock markets;
- demolished areas, left as such;
- on the surfaces of parks, graveyards, green areas and lake
shores;
- in dry, damp or inundated basements.
Art. 38. Disinfection shall be carried out at the following places:
- dumping platforms;
- dumps;
- garbage chutes in condominium-type buildings;
- specially built dumping platforms;
- public transport vehicles;
- educational and health units under the control of the local
government authorities;
- at the places with declared infection points which put
human and animal health at risk.
Art. 39. – Deratization shall be carried out at the following places:
- buildings of public institutions;
- communal parts in condominium-type buildings, houses;
- channels where water supply, sewerage, heating systems
are located;
- parks, graveyards, lake shores;
- market places, fairs, stock markets;
 Page 37 of 46

- demolished areas, left as such;

- on the surfaces of parks, graveyards, green areas and lake
shores;
- in dry, damp or inundated basements.

4.2. Performance of the works

Art. 40. – (1) The activities shall be carried out according to the regulations
approved by the local authority for public services. The materials to be used and the
specific consumptions are presented in Annex No. ….. .
(2) The products to be used shall be authorised by the Health Ministry for
human sanitary prophylaxis.
(3) The works shall be so performed as not to cause any damage to the
objective where the procedure is applied and shall not be harmful to human life and
health.
(4) Before the start of the works, the operator shall give the user a notice of
performance.

4.3. Workload
Art. 41. – The pest control, disinfection and deratization activities shall be
applied to a number of …….. buildings of public institutions, to a number of …..
condominiums, houses, to a number of …… channels for water supply, sewerage
and heating systems, to a number of …. parks, to a number of …… graveyards, to a
number of …. marketplaces, stock markets, fairs, and on an area of ……… sq.m.,
representing surfaces of parks, graveyards. green areas, lake shores. The buildings
and areas to be calculated when drawing up the bid are specified in Annex No. ….. .

4.4. The works schedule

Art. 42. – (1) The works schedule shall be drawn up by the operator, taking
into account the number of buildings and areas specified in Art. 41 and shall be
brought to the grantor’s knowledge before the works so planned start.
(2) The works shall be carried out in keeping with the procedures established
for each type of activity. A job certificate shall be issued for each work performed.

4.5. Staff and equipment

Art. 43. – The operator shall establish the number of staff, lorries and
equipment required for the performance of the works on the basis of the workload
estimated in Art. 41.

4.6. Technologies
Art. 44. - The operator shall specify in the tender documentation its plans with
regard to the organisation and functioning of the service provided by it, with reference
to the equipment to be used, the insurance of their use factor, the facilities offered,
etc.

4.7. Inspections, acceptance of work, guarantees

Art. 45. – (1) The grantor shall carry out frequent inspections of the way the
operator is providing the service, drawing up daily reports, confirmed also by the
operator, on the quality and quantity of the works performed, the quantities of
materials and substances used and established on the basis of the job certificate
issued by the operator.
 Page 38 of 46

(2) In its daily reports, the grantor shall also record the way the operator has
dealt with the complaints received from the grantor and, possibly, the penalties
imposed on the operator for the shortcomings found out.
(3) At the end of each month a certificate of acceptance of work shall be drawn
up and signed by both Parties, including the findings from the daily reports.
(4) The operator shall bear responsibility and liability from a financial point of
view for the proper performance of the works, the quality and quantity established in
the performance schedule.
(5) The operator shall fill in and sign the bid form presented in Annex No. ……
…. to the Specifications.

SECTION 5

The setting up and management of ecological waste dumps

5.1. Description of activity

Art. 46. – (1) The setting up and management of an ecological dump and a
transfer station shall meet the requirements of environmental and public health
protection and shall take account of the provisions of the National Strategy and Plan
for Waste Management.
(2) The aim of setting up an ecological dump is to prevent or reduce the
adverse impact on the environment, in particular the pollution of surface and
underground waters, soil, air, including the greenhouse effect, and any hazard for the
population’s health, throughout the life of the dump and after its expiry.

5.2. Technical conditions for the setting up and management of an ecological

dump
Art. 47. – (1) When choosing the location, account shall be taken of the
following:
a) the general and zonal town planning;
b) the National Strategy and Plan for Waste Management;
c) the class of the dump to be set up;
d) a location favourable to the project;
e) the types of waste which will be accepted for dumping.
(2) The criteria to be met when choosing the location are presented in Annex
No. ……… .
(3) The minimum distances between the location and certain objectives shall
be established for each specific case, on the basis of a survey of impact on
environment and public health, and shall be specified in Annex No. …….. .
(4) The dump design shall meet the requirements laid down in Annex No. …
…., the designer assuming responsibility that the dump shall not put the environment
factors at risk. The dump design shall also provide for the dump closing and the
amount of money required for such closing.
(5) The size of the dump shall be so established as to allow a daily dumping of
……… tons of waste for a period of ……….. years, with/without works of expansion
being needed during the concession term, works which shall include: ……….
(6) A full inventory of the components of the dump and the transfer station, in
terms of quantities and values, as well as the technical characteristics, sizes and
exploitation data of these components are presented in Annex No. ………. .
(7) The operator shall set up its “Closing and Post-Closing Monitoring Fund”,
based on the dump closing cost calculated and laid down in the design.
Page 39 of 46
 Page 40 of 46

SECTION 6

Pre-selection, organisation of waste recycling and exploitation of recyclable

waste

Art. 48. – (1) The waste circuit shall/shall not provide for the activity of pre-
selection at producer / selection in special dumps / selection in the final dump,
operations which are carried out in collection containers by type of waste at the
producer ……….. / specialised selection platforms located in …………… / selection
point in the final dump / …………. other selection measures which consist in the
separation of the following materials: glass/textile/cardboard, paper/PET/other
recyclable material which is selected for further use, accounting for ………….% of the
amount produced, representing by selected category …………………..kg/ton/h, ……
……….kg/ton/24 h, which calls for / does not call for the expansion of the capacity for
separate selection and exploitation during the term of the concession …………………
……………………………………………………………………… .
(2) The selection platforms / plants shall be located in …………… and consist
of …………….., located as follows:
………………………………………………………………………………………………. .
(3) The selection platforms / plants have been issued / have not been issued
with the following authorisations ………………….. out of those required by the public
health and environmental protection authorities.
(4) The materials separated in the process of waste pre-selection and
selection shall be exploited by category, as follows:
a) ……………………………. tons/year …………………….. lei;
b) ……………………………. tons/year …………………….. lei;
c) ……………………………. tons/year …………………….. lei;
d) ……………………………. tons/year …………………….. lei;
(5) The sums collected as a result of the exploitation of these materials shall
be used during the concession term for the following: ……………………………………
…………………………………………………………………………………………………
…………………………………………………………… .
(6) A full inventory of the components of the waste pre-selection, recycling and
exploitation system, in terms of quantities and values, as well as the technical
characteristics, sizes and exploitation data of these components are presented in
Annex No. ………. .

SECTION 7

Compost production
Art. 49. – (1) The organic waste, separated from the rest of the waste, shall be
treated and processed in a special compost station, with aerobic/anaerobic treatment
of …………..type, having a processing capacity of …………….. tons/h, ……….
tons/24 h, treating ………. % of the amount of organic waste, and which calls for /
does not call for expansion works during the concession term, which shall include: …
……………………………………………………………………………………………… .
(2) The compost production station is located in a building / several buildings
with the following geometrical features ……………………….., and the compost shall
be stored / exploited as follows: ……………………………………………………………..
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and was issued / was not issued with the following authorisations ……………………
…….. required by the public health and environmental protection authorities.
(3) A full inventory of the components of the compost production station, in
terms of quantities and values, as well as the technical characteristics, sizes and
exploitation data of these components are presented in Annex No. ………. .

SECTION 8

Waste burning

Art. 50. – (1) Municipal waste burning shall be carried out in a waste burning
or oxidation plant of the ……………….. type, with / without heating / electricity
recovery, with a processing capacity of …………… tons/h, ……….. tons/24 h, treating
…………….% of the waste quantity, and which calls for / does not call for expansion
works during the concession terms, which shall include: ………………………………
………………………………………………………………… .
(2) The waste burning station is located in a building / several buildings with
the following main features: ……………………………………………………………..
and was issued / was not issued with the following authorisations ……………………
…….. required by the public health and environmental protection authorities.
(3) The waste burning station produces / does not produce heating / electricity
in the amount of ……………….Gcal/24 h, ……… Mw/h, which is used/exploited as
follows: ……………………………………………………………………………………. .
(4) A full inventory of the components of the waste burning station, in terms of
quantities and values, as well as the technical characteristics, sizes and exploitation
data of these components are presented in Annex No. ………. .

CHAPTER III

Conditions of exploitation of the public services of sanitation of towns and

villages

A. Technical conditions
Art. 51. – The public services of sanitation of towns and villages shall provide
the service on a continuous basis for all the users in the authorised area, complying
with the technical conditions specific to each activity.
B. Objectives
Art. 52. – The objectives to be met by the public service of sanitation which is
the subject of the concession are the following:
a) the improvement of the people’s living conditions;
b) the promotion of the quality and efficiency of sanitation works;
c) the sustainable development of services;
d) the environmental protection, with the specification of the environmental
protection measures by development stage, in keeping with the programme of
adaptation to the European Union standards.
C. Economic objectives
Art. 53. – (1) The public service of sanitation shall try to achieve the best
quality/cost ratio for the entire concession term and to strike a balance between the
risks and the benefits assumed under the contract.
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(2) The structure and level of the rates charged shall reflect the effective cost
of the service provided and shall be in keeping with the law.
D. Environment objectives
Art. 54. – (1) The terms and conditions laid down in the environment
authorisation No. …………….. shall be complied with during the entire concession
term.
(2) The operator shall implement the requirements laid down in the regulations
issued by the competent environment authorities in keeping with the programmes of
compliance with the environment requirements during the entire concession term.

CHAPTER IV

The tasks of the local authorities for public services and of the operators with
regard to investments

Art. 55. – (1) The works shall be funded, as appropriate, from the following
sources:
a) the operator’s own sources and local budget appropriations to the amount
of ROL ………………… billion, for the implementation of the objectives………………
……………….. , with the completion term set for…………… ;
b) bank loans to the amount of ROL …………………… billion, guaranteed by
the local authorities for public services or by the Government, for the implementation
of the objectives ……………………….. , with the completion term set for ……………;
c) grant aid to the amount of ROL …………… billion, obtained under bi- or
multilateral agreements under the programme ……………… , for the implementation
of the objectives ………………… , with the completion term set for ………………. ;
d) special funds to the amount of ROL ……………….. billion, based on local
taxes levied under the law, for the implementation of the objectives ………………… ,
with the completion term set for ………………. ;
e) the operator’s private capital contribution, to the amount of ROL …………
….. billion, for the implementation of the objectives ………………… , with the
completion term set for ………………. ;
f) funds transferred from the State budget, to the amount of ROL ……………..
billion, for the implementation of the objectives ………………… , with the completion
term set for ………………. , as contribution to co-financing the external programme
………………. or for the implementation of the emergency programme regarding …
…………………… or the social programme for ……………………………………… ;
g) from savings to the amount of ROL …………………… lei, resulting from the
acquisition of the following performing equipment: ………………………………………
…………………………………………………………………………………………………
………………………………………………………… .
The savings obtained shall be used for the implementation of the following
objectives: ……………………………………………………………………………………
…………………………………………………………………………………………………
…………… .
(2) The investments made by the operator for the rehabilitation, modernisation
and development of the public services of sanitation shall be paid off during the
concession term, according to the following schedule: …………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………….. .
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(3) The foreign investments in the public services of sanitation shall benefit
from all legal facilities in force on the date of the concession contract signature. The
facilities obtained shall be set out in the contract delegating the management and
shall be in force for the period …………………………………………………………… .
(4) The investments which shall be made from the investors’ own funds shall
remain in their possession during the concession term, and upon its termination they
shall be shared as follows: ………………………………………………………………… .

CHAPTER V

Financial and insurance clauses

Art. 56. – (1) The investments set out in Art. 55 shall be subject to the
obligations and clauses imposed by the financing sources for each financing method.
(2) These clauses set the procedures for loan reimbursement, the
reimbursement terms, the redemption term, the quality standards of the assets
contributed as investments, the methods for the take-over of the assets which were
the subject of investments, clauses referring to the conservation of the assets
entrusted during the concession term and to the hand-over of the return assets at the
end of the concession term, so that upon the contract termination the grantor’s
capacity to provide the service be at least equal to that existing at the date of the
contract coming into force.
(3) The Specifications shall provide for the operator’s obligation to conclude
and fulfil insurance contracts on the public property assets, according to the
insurance legislation in force.

CHAPTER VI

The regime of the assets used during the concession

Art. 57. – (1) The public property assets, referred to in Chap. II – The Subject
of Concession, shall be taken over under a hand-over – take-over certificate.
(2) The operator shall be responsible for the maintenance, current and
accidental repairs as well as overhaul repairs of the assets held in public property, in
keeping with the schedule in Annex No. …………….. .
(3) The operator shall put out of use the fixed means from the assets granted
by concession, on the basis of the legislation in force, according to the schedule in
Annex No. ……………… , and shall replace these means according to the schedule
in Annex No. ………… .
(4) The operator shall annually report the situation of the public assets on
December the 31st and the changes in these assets so that they should be recorded
in the grantor’s books.
(5) Upon the termination of the concession contract, the return assets shall be
given back to the grantor, for no consideration and free from any encumbrance.
(6) Upon the termination of the concession contract, the operator shall
conclude with the grantor a purchase-sale contract the subject of which shall be the
take-over assets referred to in the Specifications which the grantor has expressed its
intention to acquire, the worth of which amounts to ROL …….. billion and which
accounts for …………….. and are presented in detail in Annex No. ……. .
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CHAPTER VII

Environmental protection obligations

Art. 58. – (1) The Specifications shall set out the environmental protection
obligations which directly result from the provision of the public services of sanitation
and those deriving from the activities connected to the service, such as the
exploitation of the equipment and vehicle fleet.
(2) Where the provisions of the agreements with the environment authorities
cannot be complied with, a compliance programme shall be agreed upon with them,
which shall be included in the Specifications, including the respective completion
terms to be met.

SECTION VIIII

The concession term

Art. 59. – (1) The term of the concession of the public services of sanitation of
towns and villages is ………. years.
(2) Throughout the term set out in paragraph (1), the operator shall be
forbidden to sub-concession the public service of sanitation.

SECTION IX

The royalty

Art. 60. – (1) The royalty shall amount to ROL ……….. , which shall be paid on
an annual/quarterly/monthly basis.
(2) The royalty shall be paid as follows: ……………………………………………
………………………………………………........ .
(3) Failure to pay the royalty or falling behind with its payment shall entail: ……
…………………………………………………………………………………………… .

CHAPTER X

The value of security due to be paid by the operator

Art. 61. – Within 90 days of the concession contract signature, the

concessionaire shall pay the grantor a sum amounting to ROL ……… as security,
representing a share of the sum due to the grantor as royalty for the first year of
activity.
Art. 62. – (1) A guarantee amounting to ROL …….. shall be set for
participation in the tender.
(2) The tender guarantee shall be subject to the conditions set out in Art. 23 of
the Methodology for the implementation of Law No. 219/1998 on the regime of
concessions, approved by Government Decision No. 216/1999, with the subsequent
amendments.
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CHAPTER XI

Clauses on the termination of the delegation of management

Art. 63. – The delegation of management by concession can be terminated in

the following situations:
a) if the operator’s functioning authorisation is withdrawn or is not renewed
upon its expiry;
b) upon the expiry of the term laid down in the concession contract, unless the
Parties agree in writing upon its extension, subject to the law;
c) if the national or local interest so requires, by unilateral notice of termination
by the grantor, with the payment of a just compensation beforehand by the grantor;
d) in case of default on contract fulfilment by the concessionaire, by
cancellation, with the payment of a compensation by the concessionaire;
e) in case of default on contract fulfilment by the grantor, by cancellation, with
the payment of a compensation by the grantor;
f) in case of loss, for reason of force majeure, of the assets granted by
concession, or in case of an objective impossibility on the part of the concessionaire
to exploit it, by renunciation, without the payment of any compensation;
g) where the local interest so requires, by redemption of the concession, which
can only be done by administrative act, upon the grantor’s proposal; in this case, a
technical-economic documentation setting the redemption price shall be drawn up.
No damages shall be paid in this case of termination of the concession;
h) if the concessionaire does not have the authorisations under the law or
when these authorisations or his licence are withdrawn.

CHAPTER XII

Clauses concerning the staff and social protection

Art. 64. – (1) The current staff employed in the system of public services of
sanitation of towns and villages amounts to……… employees, their complete
structure by objective and profession being presented in Annex No. ………. .
(2) The current staff covers …… % of the staff requirement, an extra number
of staff being / being not required.
(3) The take-over of the staff shall be done according to the conditions laid
down in the collective agreement which shall be valid until the date of …… and which
contains the following provisions concerning employees: ………………………………
…………………………………………………………………………………………………
……………………………………………………………… .
(4) Any lay-offs shall be carried out subject to the conditions set out in Art. …..
of the collective labour agreement.
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CHAPTER XIII

Final provisions

Art. 65. – (1) Only operators certified by A.N.R.S.C, may participate in the
tenders organised for the concession of the public services of sanitation of towns and
villages.
(2) The tenderer …………. shall submit the copy of A.N.R.S.C. licence No. …
… / …………. , proving that it has been certified by the competent authority.
Art. 66. – (1) The Specifications shall be put up for sale by the local authority
for public services ……………………….. at its head office …………….. and at the
following other offices: ……………….., mentioned in the advertising announcement.
(2) The price of the Specifications was set by the local authority for public
services ……………………… at ROL ………… .
(3) The purchase price of the Specifications can be paid as follows: …………
…………………………………………………………………………………… .
Art. 67. – (1) The conditions laid down in the Specifications for holding the
tender for the concession of the public services of sanitation shall be minimal.
(2) Tenderers may also put forward any other conditions which they think
would favour a smooth provision of this service.
Art. 68. – The Framework-Specifications shall be used together with the
Framework-Regulation and the Framework-Contract delegating the management of
the public services of sanitation of towns and villages.