Conditions regarding the issuance of the preliminary agreement:

(1) The beneficiary of the works or objectives that are to be carried out or located in the area of the county road of public interest has the obligation to obtain, in the design phase, the Preliminary Agreement from the Arad County Council.

(2) The preliminary agreement is issued by the Arad County Council, through the Endorsements and Agreements Issuance Department. Depending on the specific technical conditions, on a case-by-case basis, the preliminary agreement may undergo modifications in its content, according to the complexity of the objectives to be located in the area of the roads.

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

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

(5) The applicant/beneficiary of the preliminary agreement for placement in the area of the county road of public interest has the obligation that, 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 diversion of networks (water, telecommunications, electrical, sewage, natural gas, etc.).

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

(7) The steps to be followed in order to issue the Preliminary 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 by the provisions of art. 3 points 11 and 12 of EU Regulation no.910/2014 of the European Parliament and of the Council of 23 July 2014 on 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 of professional practice, the document having the same legal value as the Urbanism Certificate issued in written form;
• Analysis, by the Endorsements and Agreements Issuance Department of the Roads and Bridges Administration Service within the Technical Investments Directorate, of the technical documentation submitted by the applicant;
• Issuance by the Arad County Council, through the Endorsements and Agreements Issuance Department, of the Endorsement/Preliminary Agreement, within a maximum of 15 working achieveu days from the date of registration of the request/complete specific documentation, (paragraph 20, letter b, of Law no. 193/2019 for the amendment and completion of Law no. 50/1991 on ideas authorization of construction works), respectively a maximum of 5 working days from the registration date of the request/complete specific documentation, in the dedicated case of obtaining the preliminary agreement for technical–utility networks (paragraph 20, letter b^2, of Law no. 193/2019 for the amendment and completion of Law no. 50/1991 on guaranteeing the authorization of construction works), or communication of the Refusal to issue the Endorsement/Preliminary Agreement, as the case may be;
• Sending the applicant, in writing or by electronic mail, if he/she has declared the electronic correspondence address, within a maximum of 5 working days from receiving the documentation, if additions to the submitted documentation are needed (art. 7 paragraph 20, letter b^3, of Law no. 193/2019 for the amendment and completion of Law no. 50/1991 on authorization of construction works);
• The preliminary agreement/Refusal to issue the preliminary agreement will be signed by the President of the Arad County Council, Executive Director of the Technical Investments Directorate, Head of the Road and Bridge Management Service and by the person who drafted it within the Endorsements and Agreements Issuance Department;
• Communication of the preliminary agreement/Refusal to issue the preliminary agreement to the applicant by the Endorsements and Agreements Issuance Department;
• In the case of obtaining endorsements and agreements through the unique agreement commission, correspondence between the competent public authorities for construction authorization and the issuers of endorsements will be carried out through the portal http://www.edirect.e-guvernare.ro/; (item no. 38 paragraph (1^3), of Law no. 193/2019 for the amendment and completion of Law no. 50/1991 on authorization of construction works);
• Depending on the field situation, the Arad County Council, through the specialized department, may request the completion of documentation with other written or drawn pieces, as the case may be;
• The administrator of county roads may request additional clarifications regarding the objective to be located, within 5 days from the submission of documentation, with the corresponding extension of the deadline for issuing the preliminary agreement;
• The preliminary agreementdoes not substitute the placement and/or access authorization on the county road.

If the submitted documentation is incomplete or has insufficient identifying elements, this will be notified to the applicant within 5 working days from the date of registration of the request, specifying the missing elements in the documentation. Starting from the date of notification, the legal deadline for issuing the Preliminary Agreement is extended by the number of days the applicant needs to submit the additions to the initial documentation.