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Romania > Legal Developments > Projects, Energy & Natural Resources > Law firm and leading lawyer rankings

Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

New Provisions Concerning Critical Infrastructure in Romania

I.General context

One of the major objectives of the EU is reducing the vulnerabilities of critical infrastructure and increasing their resilience. An adequate level of protection must be ensured and the harmful effects of disruptions on the society and citizens must be limited as far as possible.

Critical infrastructures extend across many sectors of the economy, including communications, banking and finance, transport and distribution, energy, utilities, health, food supply, as well as key government services.

Critical infrastructure consists of physical and information technology facilities, networks, services and assets that, if disrupted or destroyed, would have a serious impact on the health, safety, security or economic well-being of citizens or the effective functioning of the government as a result of the failure to maintain those functions.

Threats to a single critical infrastructure can have a very significant impact on a broad range of actors in different infrastructures and more widely.

Moreover, the effects of those interdependencies are not limited to single countries. Many critical infrastructures have a cross border dimension. In addition to interdependencies between sectors, there are also many interdependencies within the same sector but across several European countries.

pdf Critical Infrastructure in Romania

Amendments to the renewables incentives scheme aimed to save the renewable energy from collapse

Background

The green certificates support scheme in a nutshell

Romania implemented a support system for renewable energy based on green certificates (GCs) granted free of charge to producers of electricity from certain renewable energy sources (hydropower <10 MW, wind, solar, biomass, landfill gas and sewage treatment plants), and an obligation imposed on electricity suppliers to acquire a certain number of GCs.

New PPP Law in Romania to jump-start the use of public-private partnership

The highly anticipated new Romanian law on public-private partnership ("New PPP Law") has been finally enacted and will enter into force on 25 December 2016. It replaces the former Law no. 178/2010 on public-private partnership, which due to significant legislative inconsistencies has failed to accommodate any public-private partnership ("PPP").

The Mining Law Review Second Edition - Romania

Before 1989, when the Communism regime fell, mineral resources in Romania were exploited by state-owned companies. Although these exploitations were advertised as big economic successes of the communist governments, in reality, most of them were using outdated technology and some caused significant pollution in the mining perimeters. Moreover, in the context of Romania's negotiations to join the European Union, some of the mining exploitations had to be shut down as they were far from being compliant with the European environmental standards.

Romania: VAT registration no longer required for electricity traders on OPCOM markets

September 2013 - Projects,  Energy and Natural Resources. Legal Developments by Buzescu Ca. More articles by this firm.

Author: Corina Papuzu, Senior Associate

Starting with September 1, 2013, the VAT registration is no longer required for electricity trading on the Day-Ahead Market and Intra-Day Market operated by OPCOM, the Romanian Electricity and Gas Market Operator.

LEGAL FRAMEWORK FOR MINING OPERATIONS IN ROMANIA

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;

Renewable Energy - Wind Power

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. 

LEGAL FRAMEWORK OF THE PETROLEUM INDUSTRY

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

 

Requirements for Access to the Romanian Electricity Trading Market

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

Statutory Easements for Gas Production Operations

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

Physical Power Trading in Romania

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
  2.  

  3. the Retail Energy Market;
  4.  

  5. the Green Certificates Market.
  6.  

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

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