Renewable Energy – Simplified legislation in favour of national interest projects and state entities

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On Friday 27 October 2023, GEO 91/2023, regarding certain measures related to the exercise of the state’s public and private property rights, as well as the efficient administration of state properties and the amendment of some normative acts (“GEO 91/2023”), entered into force.

Among others, by means of GEO 91/2023, long-criticised measures that substantially favour state entities and national interest projects have been enacted.

The main amendments brought by GEO 91/2023 with potential high impact on the renewable energy sector:

  • It is now easier for state entities to develop projects located outside a buildable area for surfaces exceeding 50 ha and for national interest objectives specific to the production of electricity from renewable sources, when these objectives are located on plots of land from public and private domain of the state and in the administration of the Agency of State Domain (“ASD”), having the quality of classes IV and V. For these objectives, the removal of lands from the agricultural circuit will operate automatically (through the effect of the normative act, by which the investment objectives are declared to be of national interest), without having to follow the standard procedure.
  • Entities in which the Romanian state is the sole or the majority shareholder will have the right of direct concession  Read more

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