ROMANIA Law and Practice Contributed by: Miruna Suciu, Suciu Partners
REMIT obligations or energy-sector regulations may trigger sanctions imposed by ANRE, subject to judicial review before the competent courts 3. Generation Facilities 3.1 Constructing and Operating Generation Facilities The construction and operation of electricity genera- tion facilities in Romania are governed by a combi- nation of energy, construction, environmental and land-use legislation, where the principal legal frame- work is set out in Electricity and Natural Gas Law No 123/2012, which regulates electricity generation activities, licensing requirements and the operation of generation facilities. Additional sector-specific rules are issued by the National Energy Regulatory Authority (ANRE), including regulations concerning licensing, grid connection and market participation. Depending on the nature and location of the pro- ject, developers must also comply with construction, urban planning and environmental legislation, includ- ing Law No 50/1991 on construction permitting, Law No 350/2001 on territorial planning and urbanism, Government Emergency Ordinance No 195/2005 on environmental protection and the legislation governing environmental impact assessment procedures. Other regulatory requirements may arise in connection with land rights, forestry, agricultural land, cultural heritage, water management, aviation restrictions and protect- ed natural areas, meaning that, in practice, the legal framework applicable to a generation project depends heavily on the technology involved, the location of the facility, and the characteristics of the land and infra- structure required for its development and operation. 3.2 Obtaining Approvals to Construct and Operate Generation Facilities The development of a commercial generation facility typically involves a combination of land-use, environ- mental, construction and energy-sector approvals, where developers generally need to secure land rights, urban planning documentation, environmental approv- als, grid connection documentation, a building permit and the relevant ANRE authorisations and licences. Projects are usually initiated through the zoning and planning process, followed by environmental screen-
ing and permitting, where the competent environmen- tal authority may require an environmental impact assessment, an appropriate assessment for Natura 2000 protected areas or other specialised studies, with public consultation forming part of the environ- mental permitting process where interested persons may submit observations or challenge decisions, and with public hearings being required in cases where a full environmental impact assessment is carried out. Grid connection is a critical element of project devel- opment, and requires obtaining the technical con- nection approval and, subsequently, concluding the connection arrangements with the relevant network operator, while ANRE remains responsible for issuing the regulatory approvals required for electricity gener- ation activities, including establishment authorisations and operating licences, meaning that a generation facility becomes operational only after the developer has obtained all sector-specific permits and licences required under the applicable legal framework. 3.3 Approvals to Construct and Operate Generation Facilities Approvals issued in connection with the develop- ment and operation of generation facilities typically contain conditions relating to compliance with envi- ronmental, construction, health and safety, technical and grid connection requirements, including obliga- tions regarding implementation timelines, mitigation measures, reporting requirements, operation within approved technical parameters and compliance with the conditions imposed during the environmen- tal assessment process. Environmental permits and approvals often require the implementation of specific environmental protection measures, monitoring pro- grammes and reporting obligations, while construc- tion-related approvals generally require compliance with the approved technical documentation and appli- cable building regulations, and energy-sector authori- sations issued by ANRE include conditions relating to technical capability, operational standards and com- pliance with licensing requirements. Where a develop- er wishes to amend an approved project or modify a condition attached to an approval, the relevant author- ity must generally be notified and, depending on the nature of the change, an amendment procedure may be required, meaning that material modifications such as changes to the technical characteristics, capac-
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