In November 2018, the European Parliament and the Council of the European Union have enacted the Directive (EU) 2018/1808 amending Directive 2010/13/EU on the coordination on certain provisions laid down by law, regulation or administration in Member States concerning the provision of audio-visual media services in view of changing market realities (the “Audio-Visual Media Services Directive”).
A draft law on measures relating to information and communication infrastructures of national interest and the conditions for the implementation of 5G networks (the “Draft Law”) was launched on August 4, 2020 for public consultation by the Ministry of Transportation, Infrastructure and Communications and slightly revised on September 2, 2020.
It is already notorious that upon accession to the European Union (”EU”), Romania has assumed a series of responsibilities, constantly evolving, in the spirit of the Community objectives. Among them, the one which lately has the strongest impact is represented by environmental protection and fight against global warming. Thus, a step in this direction was taken by Romania on August 20, 2020, when in the Official Gazette was published Law no. 181/2020 on the management of compostable non – hazardous waste (“Law 181/2020”), which will enter into force on February 20, 2021.
The slow and lengthy process of completing the cadastral works and real estate publicity seems to affect not only the private property, but also the public one. In this context where the lands are not delimited and registered with the national Land Book Registry (“Land Book”), both the private investments and the projects of public interest and utility are hampered. Therefore, there was necessary to establish a complete and optimal legal framework, capable to ensure the complete evidence of assets falling under the public property of waters. The regime of waters and land areas of riverbeds are under the provisions of Water Law no. 107/1996 (“Water Law”). This background given, Law no. 122/2020 amending and supplementing the Water Law (“Law 122/2020”) was enacted by the Romanian Parliament and published in the Official Gazette of Romania on July 13, 2020.
Despite the constant update of the public procurement legal framework, the Romanian authorities have signalled several issues related to the public procurement contracts granted to certain companies, in circumstances which are not able to comply, in all cases, with the general principles of transparency and equal treatment.
In 2012, Romania banned the execution of power purchase agreements (the “PPAs”) by direct negotiations, imposing that all wholesale transactions be concluded on the centralized market operated by the Operator of the Electricity and Gas Market Opcom S.A. (“OPCOM”). The measure was imposed through article 23 of the Electricity and Gas Law no. 123/2012 (the “Energy Law”), law newly adopted at that time.
As the recent pandemic showed, the modern world fully relies on the good functioning of the electronic communication sector. Communication plays an important part these days for individuals, businesses, public authorities, and the implementation of 5G technology will create the premises for enhancing the way society uses and benefits from the electronic communication sector.
On 11 December 2019, the European Commission (the “Commission”) presented the European Green Deal (the “Green Deal”), with the aim that European Union becomes the first climate – neutral bloc in the world by 2050. To this purpose, European Union will be transformed into a modern, resource-efficient and competitive economy where there will be no net emissions of greenhouse gases by 2050 and the economic growth will be decoupled from resource use.
Since the beginning of the COVID-19 pandemic, the Romanian authorities enacted several tax measures in order to prevent the business environment from collapsing. By way of example, some of the already implemented measures are the following: (i) recalculation of the specific annual tax in order to reduce the impact on cash flow; (ii) granted tax benefits to certain categories of employees; (iii) extension of the deadlines for submitting the annual financial statements, etc.