​The Office of the Attorney General, as well as DNA and DIICOT, the Supreme Council of Magistrates (CSM), the Supreme Court of Cassation and Justice (ICCJ), the Senate, the Chamber of Deputies and the Legislative Council are no longer on the list According to a government decision published on Friday, On February 10, in the Official Gazette, more than 80 institutions will transfer their IT systems to the future government cloud.

The reason why these institutions no longer appear in the list of Government regulations published in the Official Gazette is that the Government made a mistake when adopting the regulation on January 31, 2023.

An act mistakenly adopted by the Government: 87 institutions would move to the cloud

The Government announced on Tuesday, January 31, 2023, that it has adopted a Decision on the management of the Government Cloud Platform – an IT platform that will host the IT systems of central government institutions and provide electronic services to the population.

• Government private cloud represents the largest investment in the digitization of the state with the funds of the PNRR with funding of more than 560 million euros (excluding VAT), an IT platform that will be managed by the Romanian Digitization Authority (ADR) in cooperation with the Special Telecommunications Service (STS) and the Romanian Intelligence Service (SRI) .

The draft GD, submitted for public discussion on the evening of January 30, contained a list 87 institutions and authorities which will move to the government’s private cloud.

• SEE THE DRAFT WG ADOPTED ON JANUARY 31 HERE

The Government and the Ministry of Statistics reported on the adoption of this act, the Minister Sebastian Bourduya went to a press briefing and answered journalists’ questions.

• Nothing surprising at first glance. It’s just that the act has not yet been sent to the Official Gazette to enter into force. Someone made a mistake.
  

A week later, the Government adopts a similar act: 81 institutions switch to the cloud

At the next meeting from the Victoria Palace on February 8, the Government issued an almost similar act, only the list of institutions and authorities that will transfer their IT systems to the private government cloud was reduced to 81 establishments.

The government again announced the adoption of this actand on Friday, February 10, the Government Resolution with a list of 81 institutions was published in the Official Gazette.

• HERE IS THE DECISION PUBLISHED IN THE OFFICIAL GAZETTE

The main ones absent from the list of institutions and authorities that appear in the list of the act adopted on January 31 are:

• Higher Council of Masters (CSM)
• High Court of Cassation (ICCJ)
• State Ministry – Prosecutor’s Office at the High Court of Cassation and Justice
• Senate
• Chamber of Deputies
• Legislative Council

Why are these institutions no longer on the government cloud migration list?

What actually happened when the Government passed an almost similar act for the second time?

Explanation: The first GD passed did not contain the observations of the Legislative Council

On Monday, HotNews.ro asked the government and the Ministry of Digitalization to provide an explanation for the two acts passed.

Officials of the Ministry of Digitization, the initiator of this regulatory act, explained to HotNews.ro that “on January 31, 2023, a significant error occurred during the adoption of the act on the government cloud.

The form adopted by the government at this meeting was not the one that also included the observations sent by the Legislative Council, the form that was sent to the General Secretariat of the government from the evening of Monday, January 30.

• Thus, the preliminary project, which contained a list of 87 institutions, was on the public agenda and on the table of the Government at the meeting on January 31, 2023.”

Conclusion of the Legislative Council from January 30, 2023, pay attention to the list of institutions that will migrate to the cloud.

• SEE THE CONCLUSION OF THE LEGISLATIVE COUNCIL HERE

The Legislative Council warned that it is necessary to analyze whether it does not contradict the provisions of Art. 1 paragraph 12 of the Government’s emergency order no. 89/2022 on the creation, administration and development of infrastructure and cloud IT services used by state bodies and institutions.

• “Thus, the specified norm establishes that the provisions of the Government’s emergency order No. 1000-2010. 89/2022 does not apply to IT systems of state authorities in the field of defense, public order and national security, as well as to systems of state authorities provided for by the Constitution in Chapter III, Section I (The Chamber of Deputies, the Senate and the Legislative Council), II (presidential administration) and VI (The Supreme Court of Cassation and Justice, the Ministry of State and the Supreme Council of Magistrates), with the exception of those systems that provide electronic government services that will interact with the government cloud, respectively, IT systems for which the relevant authorities clearly wish to use its resources and services.
• Thus, in the case of the mentioned public authorities and institutions, only computer systems that provide electronic public services for the benefit of citizens and the business environment and/or computer systems for which the relevant authorities and institutions want to use their resources and services move to the government cloud. (..)”, this is shown in the Conclusion of the Legislative Council.

The government came back and corrected the mistake. Other changes have been made

Officials of the Ministry of Digitization explained to HotNews.ro that “the government realized its mistake, and the act adopted on January 31 was no longer sent to the Official Gazette for approval, so it did not create legal consequences.

At the next government meeting, on February 8, the executive withdrew the old act and adopted a corrected form that integrated the comments received from the Legislative Council, which is the explanation why the final form published in the Official Monitor includes only 81 institutions and authorities that will migrate to the cloud.”

According to officials of the Ministry of Statistics, against the draft of the DG published on the Government website on January 30, 2023, Government Decision No. 112/2023 on the approval of the Government Cloud Platform Management Guide published in the Official Gazette of Romania, part I no. 118/10.02.2023 also contains the following changes:

Change of Art. 1 to be supplemented with paragraphs 2 and 3 of the following content:

• (2) CPG and API Gateway Platform are IT communication infrastructures of national interest within the meaning of Law no. 163/2021 on taking measures related to IT and communication infrastructure of national interest and conditions for the implementation of 5G networks, hereinafter referred to as Law no. 163/2021.
• (3) As an exception to the provisions of par. (2), products, applications and software services with an open source license within the CPG and the API Gateway platform are not IT communication infrastructure of national interest within the meaning of Law no. 163/2021; the acquisition, supply and use of open source licensed products, programs and services within the CPG and API Gateway-type platform is carried out only with the prior consent and in accordance with the Romanian Digitization Authority, hereinafter ADR. .

Change of Art. 55 to be supplemented with paragraph 5 of the following content:

• (5) Business entities participating in the procedure for public procurement of software products, applications and services, including cloud technologies necessary for CPG and the API Gateway platform, may obtain permission in accordance with Law No. 163/2021, in any what time during the award procedure, but no later than to determine the winner and conclude the contract on public procurement.

Introduction to art. 2 of the new definition, under the letter l):

• l) open source license — a legal act that allows the reuse of the software for all purposes specified in the unilateral statement of the right holder, and in which the source codes of the software are provided to users;

Read more about this topic:

• What SRI is looking for in the government cloud and why MAi or MApN will not move their IT systems to STS data centers – Minister Burduzhi’s explanation
• 85 state institutions transfer their IT systems to the cloud managed by ADR, STS and SRI: MAI, MApN, MAE and other bodies are not yet on the list

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