Legislation

Legislation

The Romanian Energy Regulatory Authority (ANRE), is a public independent body who started the activity in 1998 in the circumstance of the process of adherence to the European Union, and the regulations created by ANRE led to the successful transfer of the fundamental principles of UE directives in this particular field. ANRE determined the necessary rules for a good operation of the electric power and natural gas market and monitors all market players in order for them to observe these rules.

ANRE grants licences and permits to companies, giving them the possibility to operate on the electric power market. The companies have the obligation to observe the terms of the licence, and in case they fail to do this, ANRE may take proper measures against them.

The European Directive in 2005 has a significant involvement within the Romanian law framework for implementing and developing the production and use of renewable energy, as the European Union sets a revolutionary goal. By focusing the efforts and promoting the use of renewable energy, the European Union engages to reduce by 20% their greenhouse gas emissions and to produce 20% of the total electric power from renewable energy.

Still, the explosion of projects implemented in Romania was due to the 220/2008 Law establishing the promotion system to promote the energy production from renewable sources, that opened the gates to an extremely attractive market for Romanian and foreign investors. In order to promote the renewable energy production, in Romania in Romania was enacted the mandatory quota system together with the Green Certificates trading.

The promotion system applies to the producers, holders of the renewable energy producing capacities, certified by ANRE for this purpose, from the date they start producing electrical energy, if the start-ups, respectively the groups/ plants reengineering is made until 2016. Practically, this system consists in granting green certificates to the renewable energy producers, certificates that will then be sold through the competitive mechanisms to the electric power providers, who are obligated to acquire a certain number of green certificates depending on the energy quantity they provide to the final consumers.

Considering the complexity of this new branch of energy production, it is obvious that the legal frame regulating the projects implementation and the renewable energy resources exploitation is very wide, enclosing, besides the punctual legislation on energy, also the legislation regarding the environmental protection, public administration and constructions.

a. Legislation regarding the renewable energy production:

- Law no. 220/2008 establishing the promotion system to promote the energy production from renewable sources
- Emergency Government Ordinance no. 88/2011 for modifying and amending the Law no. 220/2008 establishing the promotion system to promote the energy production from renewable sources.

b. Environment Legislation:

- Government Emergency Ordinance no. 57/2007 on the regime of protected natural areas, preserving natural habitats, wild flora and fauna
- Government Decision no. 1076/2004 concerning the procedure for environment assessment of plans and programs
- Government Decision no.445/2009 on environmental impact assessment pertaining to certain public and private projects
- Order no. 135/76/84/1,284/2010 of the minister of the environment and forests, the minister of administration and interior, the minister of agriculture and rural development and the minister of regional development and tourism on the approval of the enforcement Methodology of the environmental impact assessment for public and private projects
- Order no. 19 of 13th of January 2010 for approving the Methodological Guide on the relevant evaluation of the potential effects of the plans or projects over the protected natural areas of interest for the community
- Order no. 1798/2008 for approving the issuing procedure of the Environmental Permit


c. Cadastre Legislation:

- Law no. 7/1996 on the cadastre and real estate publicity
- Order no. 538/2001 for approving the authorizing Regulation of natural persons and legal entities able to perform and check specialized works in the cadastre, geodesy and mapping domains on the Romanian territory, with subsequent amendments

d. Urban Planning and Constructions Legislation:

- Decision no. 26/2006 for approving the Regulation on acquiring the right to sign urban and spatial planning documents and the Regulation on organising and functioning of the Romanian Register of Urban Planners
- Law no. 50/1991 for authorising the execution of construction works
- Order no. 839/2009 for approving the application Methodological norms of Law no. 50/1991 for authorising the execution of construction works
- Law no. 350/2001 on urban and spatial planning
- Government Ordinance no. 27/2008, for modifying and completing the Law no. 350/2001 on urban and spatial planning
- Emergency Ordinance no. 7/2011 for modifying and completing the Law no. 350/2001 on urban and spatial planning
- Law no. 35/1994, re-edited in 2008, regarding the literary, cinematographic, theatrical, musical, folkloric, plastic arts, architecture and entertainment stamp
- Law no. 422 of 18th of July 2001 on historical monuments protection
- Order no. 34/N/1995 for approving the Stipulations on endorsing the urban and spatial planning documents, as well as the technical documents for authorising the constructions execution
- Order no. 2.701/2010 for approving the Methodology on informing and consulting the public regarding the elaboration or review of the urban and spatial planning
- Decision no. 925/1995 for approving the Regulation on the examination and technical quality expertise of the projects, of the works and constructions execution
- Decision no. 273/1994 for approving the Regulation on receiving the construction works and installations associated
- Decision no. 766/1997 for approving certain regulations on quality in constructions
- Decision no. 51/1996 for approving the Regulation on receiving the assembly works of machineries, equipment, technological installations and the commissioning of the production capacities
- Order no. 651/2007 for modifying the technical regulation "Guide for the technical and professional certification of the experts with activity in constructions", approved by Order of the Minister of public works, transports and housing no. 777/2003
- Order no. 293/1999 approving the Methodological norms on quality examination of assembly works for machineries, equipment, industrial technological installations
- Order no. 1430/2005 for approving the application Methodological norms of Law no. 50/1991 for authorising the execution of construction works


e. Installations Legislation:

- Electricity Distribution Grid TECHNICAL CODE Approved by ANRE Decision no. 101 of 06.06.2000 Elaborator: National Company of Electricity S.C. ELECTRICA S.A
- Government Decision no. 90/23.01.2008 for approving the Regulation on users connection to the electrical grids of public interest
- Law no. 13/2007, the law of electric power
- Order no. 38/2007 for approving the Settlement procedure of the misunderstandings regarding the agreements conclusion between the economic operators from the electric power sector, the power purchase agreements (PPAs) and the grid connection agreements
- Order no. 48/2008 for approving the Methodology for issuing the (building) site approval notice by the grid operators
- Decision no. 1.007/2004 for approving the Regulation of power purchase to consumers
- Order no. 129/2008 for approving the Regulation for determining the users' connection solutions to the electrical grids of interests


Note: The above list of laws is just for your reference and may be completed depending on the specific of each type of project that is to be implemented.