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Newsletter energy august 2015
1. August
2015SCA “Hirsch, Marinescu & Partners” SCP
News alert SCA HIRSCH MARINESCU & PARTNERS
Page1
Romania: Big producers of energy regain the electricity market in Romania
Producers of energy with an installed capacity of 125 MW are regaining the market
According to a recently issued Law 122 on 3rd of July 20151, regarding the new measures in the electricity
field (hereinafter “Law 122/2015”) is again changing the possibility to enter on the market for big
producers of energy, which develop an electricity power producing capacities of 125 MW or more, up to
250 MW (hereinafter “Big Producers”), do not need a separate individual approval of the European
Commission, if attested by the Regulatory Authority in the field of energy.
In 2012, an Emergency Ordinance of the Government2 was issued according to the European
Commission Decision3, obliging the Big Producers to obtain separately from the European Commission
and individual approval, after being licensed in Romania, for benefiting of the support scheme for the
time-frame given in Law no. 220/2008 on the support scheme (maximum 15 years).
Therefore, starting with the application of Law no. 122/2015, respectively 6th of July 2015, for the Big
Producers of energy is establishing that no separate approval is necessary any longer, and for the future
accredited (licensed) producers of energy and for previously accredited (licensed) producers.
Attention: The Big Producers which were accredited at the time of issuance of the EOG no.
88/2011. For the Big Producers which obtained a different number of GC, other than the one
1
Law no. 122/03.06.2015 for approving some measures in the promoting of renewable energy production and for
amending and completion of some normative acts, published in the Official Gazette of Romania, Part I, no.
387/03.06.2015.
2 Emergency Ordinance of the Government no. 88/2011 for amending Law no. 220/2008 on the support scheme of
renewable energy for energy producers (herinafter „EOG no. 88/2011”)
3
State Aid SA. 33134 (2011 / N) - Romania - "Green certificates for promoting electricity from renewable sources" by
authorizing the aid scheme as a result of relevant Community provisions according to which the scheme is consideto
support state aid or likely to be aid, and a correlation of Law no. 220/2008 for establishing the system for promoting
energy from renewable sources, republished, as amended and supplemented, with relevant Community legislation,
including the above-mentioned decision
Author: Mag. Raluca Marinescu
raluca.marinescu@nhp.ro
www.nhp.ro