The Legal 500

The main law and regulations regarding mining operations are:

(i)         Mining Law no.  85 of 2003 ("Mining Law"), as further amended;

(ii)        Decision no. 1208 of 2003 regarding the Approval of the Norms for the Application of the Mining Law;

The Romanian energy market has developed significantly in the past 10 years; a period during which the legislation has been harmonised with the EU legal framework.

SAFETY NET FOR THE EXCESS OF GREEN CERTIFICATES – WILL IT WORK?

The land on which a wind farm can be developed can be procured by concluding agreements for concession, association by participation, or sale and purchase agreements with local authorities, i.e. Local Councils, or with private entities, i.e. individuals or legal persons. 

Main regulations:      Petroleum Law no. 238 of 2004 (“Petroleum Law”)   .   Methodological Norms for the Application of Petroleum Law (“Norms”)   .    Technical instructions, and other regulations issued by the National Agency for Mineral Resources    .   Gas Law no. 351 of 2004 (“Gas Law”)    .   Natural Gas Permitting and Licensing Regulations

This is a summary of the requirements for access to the Romanian electricity trading market.

Two recent court cases confirmed the statutory protection of the land easements in relation with gas production operations.

The physical electricity in Romania can be traded on the following markets:

1. the Wholesale Electricity Market regulated by the Commercial Code of Wholesale Electricity Market of 2004, which includes the Bilateral Agreements Energy Market, the Day-Ahead Market (‘DAM"), the Balancing Market, and the Ancillary Services Market; and

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3. the Retail Energy Market;

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5. the Green Certificates Market.

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The regulatory authority regarding the physical gas market in Romania is the Romanian Energy Regulatory Authority ("RERA").