Conditions regarding the issuance of the prior agreement:

(1) The beneficiary of the works or objectives to be carried out or located in the area of the county road of public interest is obliged to obtain, at the design stage, the Prior Agreement from the Arad County Council.

(2) The prior agreement is issued by the Arad County Council, through the Department for Elaboration of Endorsements and Agreements. Depending on the specific technical conditions, on a case-by-case basis, the prior agreement may be modified in content, according to the complexity of the objectives to be located in the road area.

(3) The prior agreement is issued for a certain function and/or destination of the objective, as presented in the technical memorandum.

(4) Changing the function and/or destination of the objective involves obtaining the acceptance of the road administrator, namely the Arad County Council, for the new situation.

(5) The applicant/beneficiary of the prior agreement for placement in the area of the county public road is obliged, at the first request of the administrator/owner of the public road and unconditionally, to carry out, at the applicant's/beneficiary's expense, the deviation of the networks (water, telecommunications, electrical, sewerage, natural gas, etc.).

(6) The prior agreement is valid only for the design and financing phase, throughout the validity period of the Urbanism Certificate. The prior agreement does not grant the right to commence works without obtaining the Placement and/or Road Access Authorization in the public road area.

(7) The steps to be followed for the purpose of issuing the Prior Agreement are as follows:

• The applicant will submit the documentation to the Registry of the Arad County Council, in two (2) copies;
• In the case of submitting documentation exclusively in electronic format, the documents will be signed with a qualified or advanced electronic signature, as defined according to the provisions of art. 3 points 11 and 12 of Regulation (EU) no. 910/2014 of the European Parliament and of the Council of 23 July 2014 regarding electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, by all specialists provided by law, in accordance with their acquired right to professional practice, the document having the same legal value as the Urbanism Certificate issued in written form;
• Analysis by the Department for Elaboration of Endorsements and Agreements within the Road and Bridges Administration Service of the Technical Investment Directorate, of the technical documentation submitted by the applicant;
• Issuance by the Arad County Council, through the Department for Elaboration of Endorsements and Agreements, of the Endorsement/Prior Agreement, within a maximum of 15 working days from the date of registration of the request/complete specific documentation, (article 20, letter b, of Law no. 193/2019 for amending and supplementing Law no. 50/1991 regarding the authorization of construction works), or a maximum of 5 working days from the date of registration of the request/complete specific documentation, in the case of obtaining the prior agreement for technical-utility networks (article 20, letter b^2, of Law no. 193/2019 for amending and supplementing Law no. 50/1991 regarding the authorization of construction works), or communication of the Refusal to issue the Endorsement/Prior Agreement, as applicable;
• Transmission to the applicant, in writing or by electronic mail, if the applicant has declared an electronic correspondence address, within a maximum of 5 working days from the receipt of the documentation, if completions to the submitted documentation are necessary (art. 7 article 20, letter b^3, of Law no. 193/2019 for amending and supplementing Law no. 50/1991 regarding the authorization of construction works);
• The Prior Agreement/Refusal to issue the Prior Agreement will be signed by the President of the Arad County Council, Executive Director of the Technical Investment Directorate, Head of the Road and Bridges Administration Service and by the person who drafted it within the Department for Elaboration of Endorsements and Agreements;
• Communication of the Prior Agreement/Refusal to issue the Prior Agreement to the applicant, by the Department for Elaboration of Endorsements and Agreements;
• In case of obtaining endorsements and agreements through the unique agreement commission, correspondence between the competent public authorities for construction authorization and the issuers of the endorsements will be carried out through the portal http://www.edirect.e-guvernare.ro/; (point no. 38 article (1^3), of Law no. 193/2019 for amending and supplementing Law no. 50/1991 regarding the authorization of construction works);
• Depending on the situation on site, the Arad County Council, through the specialized department, may request supplementary written or drawn documents for the documentation, as required;
• The administrator of the county roads may request additional clarifications regarding the objective to be placed, within 5 days from the submission of the documentation, with the corresponding extension of the deadline for issuing the prior agreement;
• The prior agreementdoes not replace the placement and/or access authorization to the county road.

If the submitted documentation is incomplete or with insufficient identification elements, this will be notified to the applicant within 5 working days from the date of registration of the request, mentioning the missing elements from the documentation. From the date of notification, the legal deadline for issuing the Prior Agreement is postponed by the number of days necessary for the applicant to register the completions brought to the initial documentation.