Chapter 2

Measure 125 presentation

2.1. Who can benefit from nonrefundable funds?

Eligible beneficiaries for the granted support through Measure 125 are:
Sub-measure 125 a:
Administrative-Territorial Units possessing agricultural land and /or
infrastructure land with access to agricultural exploitations, through
their legal representatives;
Inter-Community Development Associations(ADI) possessing
agricultural land and/or infrastructure land with access to agricultural
exploitations;
Organizations/Federations of public utility of the owners of
agricultural lands.
Sub-measure 125 b:
Owners (with administrative rights) deprived of forest ,natural and
juridical persons;
Association of owners/forest private owners;
Administrative-Territorial Units possessing forest;
Inter-Community Development Associations(ADI) possessing
forest;
The Administrative Institution for the state forestry fund National Institute of Forestry ROMSILVA, through the units from its
structure.

 These organizations and federations for land improvement are juridical persons
with public utility without patrimonial scope and it is functioning according to Law
No. 138/2004 who administrates, maintain and repair the infrastructure of land
improvement on the members interest.

2.2. Minimum obligatory conditions for receiving the grant

Sub-measure 125 a :
1. Organizations/Federations for agricultural infrastructure of land
improvement must be registered in the National Register of the Land
Improvement Organizations;
2. The solicitors must present the written agreement of all land owners
(juridical and natural persons) who are involved in the project;
Attention! For works of land improvement on the agricultural land,
including correction of torrents, the written agreement of land
owners must include also the fact that they agree with the usage of
the land, works execution as well as access for maintaining the
works.
3. The solicitor will present the feasibility survey which contains for
irrigation works also calculation elements of the economic efficiency
;the evaluation indicators of the performance are present in Annex 2
from the Guide;
4. The project is adapted for the priorities proposed through the general
Plan of Urbanism (PUG) issued according to law;
5. The solicitors must prove that they have an active multiannual contract
closed with the service provider of land improvement/power for
supplying water /power. Attention : the criteria refers to the water
delivery point/points which supplies the irrigation infrastructure for
which funds are requested with the purpose of modernization;
6. The solicitors will present the approval of the General Association of
the Organisation/The Administrative Council of the Federation or the
Local Council Decision for realizing the requested investment;
7. The investments will be realized on viable land development from
economic point of view or which can become viable through
rehabilitation or modernization;
8. The solicitors will make the proof that they have initiated the
procedures for obtaining the permits and agreements according to

present law necessary for realizing the investment. For all investment
types, potential beneficiaries must obtain the environmental
agreement according to national law. . In certain situations mentioned
by the law, the environmental agreement comes with the
environmental impact survey as shown in point 5.2. from PNDR;
The irrigation projects must prove water loss reduction with minimum 10% and a
price decrease for water with minimum 10%.Draining projects - draining , must
prove cost reduction of the electricity with minimum 5% from the evacuated water
volume. These objectives are presented in the feasibility survey.

9. The solicitors for irrigation infrastructure must prove they own or are in
course of acquiring spraying equipments for minimum 50% from the
surface in the investment; excepting the federations of water
organization for irrigations;
10.
The solicitors must present the commitment that will maintain
and / or repair the agricultural infrastructure which will receive the
support.
Through Measure 125 cannot be funded investments which belong to the
following categories:
1. Maintenance, repairing and exploitation costs ;
2. VAT excepting the non-reimbursable VAT, in case it is supported by the
beneficiaries, others than the non-taxable persons according to Art.
71(3) letter a) from the Council Regulation No. 1698/2005;
3. Bank commissions , the costs of the guarantors and similar expenses;
4. The works which dont have the written agreement of all land owners
(natural and juridical persons ) on which the investment is positioned;
5. The agricultural/forestry infrastructure projects which do not present
qualitative characteristics and which are not according to designing
normative;
6. Exchange rate costs, taxes and loses because of the Euro account
APDRP.
Important! Can be included on non-eligible costs also expenses which
through its nature correspond to the eligibility requirements when the total
eligible value of the project is over the maximum value of the public support.
Eligible investments for infrastructure from Measure 121 and 322 from
PNDR(internal infrastructure or access infrastructure for farms ,also county
roads , streets) are not eligible.
2.5. The selection criteria of the project

Projects that require funding through FEADR are subject to a system of

selection, every project is scored according to the following selection criteria:
Sub-measure 125 a
All eligible projects will be scored according to selection criteria mentioned in
the measure records and the scoring system is the following:

Crt. SELECTION CRITERIA

No.
1
Irrigation projects :

On which the primary irrigation infrastructure was

already modernized or have a project on which the
downstream irrigation system was modernized;
On which the primary irrigation infrastructure has a
modernization project or a project on which the
downstream irrigation system has a modernization
project;
Irrigation projects for areas with high possibility of dryness
Barrenness rate:
21,00
.

Maximu
m
15
15
10

Maximu
m
15
15

21,01 28,00
.
28,01
.
.

Projects with high usage degree

POINTS

85,01%

10
5

Maximu
m
20
20

15
50,01% 85,00%..........................................................................
.......
5

50,00%..........................................................................
.........................

Projects for access roads with multiple role

Access to agricultural exploitations and economic

agents .

Access to other communication

roads

Projects for access roads which serve a bigger agricultural

surface

300,01
ha

300 ha 200,01
ha..

Maximu
m
20
20
15

Maximu
m
25
25
15

10

6
7

200 ha 100,01
ha.

100
ha

Access roads designed after a amalgamation and re-plotting

The scoring of this criteria is applicable after 2010
Projects for alternative routes for moving the agricultural
traffic from European ,national and county roads

0
5

Chapter 4 - Useful information for accessing the nonrefundable

funds
4.1. Necessary documents for the funding request
Documents that must be attached to the Funding Request to prepare the
project are:
For sub-measure 125 a - Improvement and developing of the infrastructure
regarding the agricultural developing and adaptation

1. Feasibility survey prepared according to present law and the technical

approval issued by the State Inspectorate for Constructions
Bucharest.
Attention!
For irrigation projects the documentation for intervention
works will also contain calculation elements of the economic
efficiency according to Annex No.2 from the Guide;
For justifying the reasonable works prices the design engineer
will have to mention the price source used in the area ;
The exchange rate which will be used will be the one published
by the European Central Bank on the Internet at address:
http://www.ecb.int/index.htm by the time the feasibility survey
was made.
2. Urbanism Certificate or Authorization to build valid by the time
the funding request is hand in issued according to law
Attention! In the urbanism certificate /Authorization to build must
be specified the project/investment name exactly how it is
mentioned in the funding request.
3.1. For Town halls and ADIs
3.1.1. The Town Hall inventory made according to present law regarding the
public property and the juridical situation of this/these
And
In case the Inventory of goods which constitute the public domain,
certificated through Government decision and published in the Official

Monitor of Romania suffered modifications and / or completions the solicitor

must also hand in:
3.1.2. Local Council decision regarding the approval of modifications and / or
completions to inventory by respecting the provisions in Art. 115, point (7)
from Law No. 215/2001 of the local public administration, namely to be
examined by the Prefect according to Law.
3.2. For organizations/federations of public utility
Protocol/report of transmitting free ownership rights / usage ( for a minimum
period of 10 years from the moment the funding contract is signed) of the
infrastructure of land improvement which is administered by the organization
/ federation for the agriculturalists on this territory (OUAI/FOUAI)
And
Document which certifies the private ownership on the field, along with the
agreement of the owner implicated in the project if applicable.
4.1. Certificate according to protocol closed between APDRP and ANPM
Or
4.2. Certificate or environment agreement issued by the Environmental
Protection Authority along with the impact survey if applicable. For
investment projects situated in area Natura 2000 the certificate must come
along with the impact survey.
Or
4.3. Certificate which prove that the procedures for obtaining the
environmental agreement were initiated.
5.1. The Decision of the Local Council that is managing the project referring
to the following obligatory points:

The necessity and opportunity of the investment ;

The works are in the local budget for the period the investment is
being realized;
The commitment to support all expenses of the investment
maintenance and /or repairing , co-funding of the investment;
Surfaces from the investment /protected by the investment;

Specification regarding insuring public access to the realized

investment through the project with/without taxes.

Or
5.2. The approval of the General Association / Council of Administration of
the water users for irrigations for the solicited investment which contain the
following points:
- The necessity and opportunity of the investment;
- The prove that the works are in the local budget for the period the
investment is being realized and to mention that non-eligible expenses of
the project will be supported by the organization/federation and also the
eligible expenses for being able to make the payment before FEADR
reimbursement .
- The commitment that will support the maintenance and/or repairing
works of the agricultural infrastructure which will receive support;
-the confirmation of the surface on which the investment will function;
7.1. The final document regarding the admission in the
association/foundation registers
And
7.2. The foundation document and ADI statute
Or
7.3. Document regarding registering in the National Register of the
Organizations for land improvement
8. Document from the bank /treasury with the bank/treasury identification
data and of the FEADR afferent account (name, bank/treasury address
IBAN code of the account in which operations with APDRP are unfolded).
Attention! Public solicitors and OUAI/FOUAI have the obligation to
exclude any public direct contribution from the State Budget for
investments which are to be realized through measure 125 , the
payments being made only from own sources or from obtained
sources check the financial plan.
9. for investments in irrigation systems:

9.1. Multiannual contract closed with a water irrigation supplier

And
9.2. Document from the water supplier from which results the maximum
surface to be sprayed from the delivery point for which the solicitor has a
contract .
And
9.3. Contract closed with a electricity supplier valid by the time the
funding request is handed in
Attention! The solicitor must renew the contract closed with the
supplier of water/electricity for a minimum period of 5 years after
the investment is finalized.
10. For investments in irrigation systems:
10.1. The inventory register / fixed assets document certifying the fact
that the solicitor possesses spraying equipments
And/or
10.2. Buying contract for spraying equipments which together to certify
the fact that the solicitor owns and/or has spraying equipments for
minimum 50% from the surface which is subject to the project;
10.3. Certificate from ANIF /other holder of primary infrastructure
(according to Annex 4)
11. Certificates which prove the fact that there are no fiscal debts and if
applicable the rescheduling graphic of the debts
12. Report made by the solicitor for using other non-reimbursable funding
programs, for applicants who benefit by other non-reimbursable funding
programs beginning with 2002 for the same type of investments.
13. Other justifying documents (will be specified by the solicitor)
Attention! The documents must be valid by the time the funding
request is handed in.