Conditions regarding the issuance of the prior agreement:

(1) The beneficiary of the works or objectives to be carried out or placed in the area of the county road of interest is obliged to obtain, during the design phase, the prior agreement from the Arad County Council.

(2) The prior agreement is issued by the Arad County Council, through the Permit and Agreements Issuing Department. Depending on specific technical conditions, on a case-by-case basis, the prior agreement may be subject to changes in its content in relation to the complexity of the objectives to be placed in the road area.

(3) The prior agreement is issued for a specific function and/or purpose of the objective, as presented in the technical report.

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

(5) The applicant/beneficiary of the prior placement agreement 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 expense of the applicant/beneficiary, the diversion of networks (water, telecommunications, electric, sewage, natural gas, etc.).

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

(7) The stages to be followed for the issuance of 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 documentation will be signed with a qualified or advanced electronic signature, as defined by the provisions of Art. 3 points 11 and 12 of Regulation (EU) No. 910/2014 of the European Parliament and Council of July 23, 2014 on electronic identification and trusted services for electronic transactions in the internal market and repealing Directive 1999/93/EC, by all specialists provided by law, depending on their acquired professional practice right, the document having the same legal value as the Urbanism Certificate issued in hard copy;
• Analysis, by the Permit and Agreements Issuing Department of the Roads and Bridges Administration Service within the Technical Investment Directorate, of the technical documentation submitted by the applicant;
• Issuance by the Arad County Council, through the Permit and Agreements Issuing Department, of the Permit/Prior Agreement, within a maximum of 15 working days from the date of registration of the specific complete request/documentation (paragraph 20, letter b, of Law No. 193/2019 amending and supplementing Law No. 50/1991 regarding the authorization of construction works), respectively a maximum of 5 working days from the date of registration of the specific complete request/documentation in the case of obtaining prior agreements for technical-utility networks (paragraph 20, letter b^2, of Law No. 193/2019 amending and supplementing Law No. 50/1991 regarding the authorization of construction works), or communication of the Refusal to issue the Permit/Prior Agreement, as applicable;
• Sending to the applicant, in writing or by electronic mail, if they have declared their electronic correspondence address, within a maximum of 5 working days from receipt of the documentation, if additions to the transmitted documentation are necessary (Art. 7 paragraph 20, letter b^3, of Law No. 193/2019 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, the Executive Director of the Technical Investment Directorate, the Head of the Roads and Bridges Administration Service and by the person who drafted it within the Permit and Agreements Issuing Department;
• Communication of the Prior Agreement/Refusal to issue the Prior Agreement to the applicant, by the Permit and Agreements Issuing Department;
• In the case of obtaining permits and agreements through the unified consent commission, correspondence between the public authorities authorized for construction and the issuers of permits will be made via the portal http://www.edirect.e-guvernare.ro/; (point no. 38 paragraph (1^3), of Law No. 193/2019 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 completion of the documentation with other written or drawn parts, on a case-by-case basis;
• The administrator of the county roads may request additional clarifications regarding the objective to be placed, within 5 days of submitting the documentation, with a corresponding extension of the deadline for issuing the prior agreement;
• The prior agreement does not substitute for 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. Starting from the date of notification, the legal deadline for the issuance of the prior agreement will be delayed by the number of days necessary for the applicant to register the completions to the initial documentation.