Relatively recently, the legislative process has once more turned its attention to the former Draft Law amending Law no. 186/2013 on the establishment and operation of industrial parks (DL-x no. 250/2014) adopted by the Senate on 28 April 2014 and by the Chamber of Deputies, as decisional chamber, on 4 May 2022 ("Amending Law"). The Amending Law will enter into force after promulgation by the Romanian President, who, nevertheless, has the prerogative of sending it back to the Parliament for re-examination.
Bondoc si Asociatii has advised the Bucharest Municipality on the private placement and admission to trading of 55,500 bonds with a total issuance nominal value of RON 555 million. The issuance was intermediated by a syndicate of BRD Groupe Societe Generale and Raiffeisen Bank. Dentons advised the banks.
The first article of our own REMIT series is available here. It provides an overview of the REMIT core concepts, including the novelties brought under the latest edition of the ACER Guidance published on 22 July 2021 and the main conclusions of the 2021 REMIT Forum. This second article of our REMIT series presents (i) a more detailed analysis of REMIT in Romania, (ii) a practical perspective on the sanctioning regime applied by various NRAs, including the Romanian NRA, and (iii) the overall conclusions of our analysis.
The end of year 2021 marked the 10th anniversary of the enactment of EU Regulation No. 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (hereafter “REMIT” or “the Regulation”). On this occasion, the 5th REMIT Forum was organized as a series of virtual events on 25, 26 and 28 October 2021 (“2021 REMIT Forum”). The introductory webinar to REMIT and the main plenary session were followed by special interest groups sessions on data, reporting and technology as well as on the 6th Edition of ACER Guidance on the application of REMIT (“ACER Guidance”). Conclusions of the 2021 REMIT Forum will be revealed in different contexts throughout our own series of articles aimed at marking the occasion.
Hydrogen seems to become the new trend in sustainable energy production and there is an effervescence of clean hydrogen production projects across the world. Thus, it is estimated that clean hydrogen could meet 24% of energy world demand by 2050 and there are 750 hydrogen projects in the pipeline of the European Green Hydrogen Alliance. With the European Green Deal aim of climate-neutrality by 2050, decarbonizing the energy sector, which accounts for 75% of greenhouse gas (GHG) emissions, is an essential step, hydrogen being regarded as a key component to deliver decarbonized energy.
Significant changes to the legal framework governing the electricity sector were enacted at the end of 2021 under Government Emergency Ordinance no. 143/2021 (Ordinance 143) and ANRE Order no. 137/2021 (Order 137). Among these changes, two categories are of outmost importance for producers, as detailed below.
On 31 December 2021, Government Emergency Ordinance no. 143/2021 for the amendment of Law no. 123/2012 on electricity and natural gas, as well as for the amendment of other regulatory acts (“GEO 143/2021”) was published in Official Gazette of Romania no. 1259 and entered into force on the same date.
Former Managing Counsel Ioana Katona has been promoted to Partner at Bondoc si Asociatii. She is a lawyer "within the [firm's] Litigation and Arbitration department ... and focuses on administrative and tax law, energy, health, insolvency, and civil law litigation cases, including real estate and corporate disputes."
Bondoc & Asociatii has advised on Romanian legal aspects of Faurecia’s acquisition of a majority stake in Hella. White & Case and Dentons also advised the buyer and Freshfields advised the target. Hengeler Mueller and Bredin Prat advised former Hella shareholders Hueck and Roepke. Additionally, Hogan Lovells advised Bankhaus Lampe, Herbert Smith assisted Natixis and Societe Generale, and Gleiss Lutz advised Perella Weinberg. On the group of bidders, Clifford Chance advised Mahle and Allen & Overy and Linklaters reportedly advised Knorr Bremse and Plastic Omnium, respectively.
Directly negotiated power purchase agreements with physical delivery (“PPAs”) have been a sensitive topic in Romania since 2012, when they were prohibited under the new energy law no. 123/2012 (the “Energy Law”) and continue to be a hot topic today, even though (long term) PPAs negotiated over the counter are expressly allowed under art. 3 (o) of Regulation (EU) 2019/943 (“Internal Market Regulation”), as they fall under the concept of “long term supply agreements”. This is mainly because Romania has stumbled over the last 2 years in reintroducing the directly negotiated PPAs back into the domestic legislation, in line with EU rules and EU market practice.