Fiodorov & Partners

The Ministry of Energy has issued Order No. 1530/2024, published in the Official Gazette, Part I, No. 1070, October 24, 2024(the “Order No. 1530/2024”), which introduces amendments to Order No. 1290/2024 regarding the approval of the initiation of the first auction for the State Aid Scheme in the form of Contracts for Difference for the production of electricity from onshore wind and solar photovoltaic renewable energy sources, as well as the bidding procedure rules for the first auction, published in the Official Gazette, Part I No. 904 of September 6, 2024 (the “Order No. 1290/2024”). These changes aim to refine the bidding procedures and eligibility requirements for participants. For businesses and developers interested in participating, understanding these procedural changes is critical; please reach out to our team for insights on how these adjustments might influence your project’s eligibility and strategic planning. #RenewableEnergy #CfDAuction #SolarEnergy #WindEnergy #CleanEnergy #EnergyPolicy #SustainableFuture #RomaniaEnergy #GreenTransition #EnergyInnovation

Last week at CISOLAR - Solar & Energy Storage Expo & Conference of CEE we explored some key legal challenges for #RenewableEnergy projects in România. We addressed key issues including: 𝐏𝐔𝐙 𝐟𝐨𝐫 𝐓𝐲𝐩𝐞 𝐁 𝐏𝐫𝐨𝐣𝐞𝐜𝐭𝐬: According to the applicable legislation, RES investors still require PUZ for projects greater thatn 50 ha. However, the Ministry of Agriculture does not issue the indorsement on soil quality required for the PUZ approval. Thus, the investor are obliged to split the projects. This triggers complications and potential breach of environmental rules. 𝐀𝐫𝐞 𝐬𝐭𝐚𝐧𝐝𝐚𝐥𝐨𝐧𝐞 𝐁𝐄𝐒𝐒 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬 𝐞𝐱𝐞𝐦𝐩𝐭 𝐟𝐫𝐨𝐦 𝐭𝐡𝐞 𝐏𝐔𝐙 𝐫𝐞𝐪𝐮𝐢𝐫𝐞𝐦𝐞𝐧𝐭? Differing interpretations of construction and urban planning law. While the law exempts energy production and storage projects from requiring a PUZ, some chief architects still demand a PUZ for standalone storage projects. They argue that the exemption only applies to co-located energy production and storage projects, causing delays and increased costs for standalone storage developments. 𝟓% 𝐛𝐨𝐧𝐝 𝐟𝐨𝐫 𝐀𝐓𝐑: The recently amended Grid Connection Regulation mandates that financial guarantee must be established and paid before the issuance of the ATR. However, the regulation does not specify a maximum deadline for establishing the financial guarantee or any penalties, such as the invalidation of the solution study. 𝐒𝐚𝐧𝐜𝐭𝐢𝐨𝐧 𝐨𝐟 𝐀𝐛𝐬𝐨𝐥𝐮𝐭𝐞 𝐍𝐮𝐥𝐥𝐢𝐭𝐲 𝐢𝐧 𝐔𝐧𝐚𝐮𝐭𝐡𝐨𝐫𝐢𝐳𝐞𝐝 𝐈𝐧𝐯𝐞𝐬𝐭𝐦𝐞𝐧𝐭𝐬: Agreements or clauses involving direct foreign, EU, or new investments without proper authorization are subject to absolute nullity. This results in the retroactive cancellation of all related acts, impacting permitting documentation, as nullified acts cannot support the issuance of grid connection permits. #EnergyStorage #CEE #GreenBattery #RenewableEnergy #SustainableEnergy #EnergyTransition #România #CISOLAR2024

The Ministry of Energy is hosting a conference on 10th October 2024, focusing on the upcoming Contract for Difference (CFD) auction for onshore wind and solar photovoltaic projects in Romania. Our team will be attending this event to gain key insights and engage with industry leaders. During the event, we will be seeking clarification on a few crucial points: 1.  Why must evidence of financing be submitted before securing the CFD contract, given that obtaining the contract is typically essential for obtaining financial backing? 2. Why does the legislator require the validity of the funding application to be six months, while the anticipated date for CFD contract signing is set for January 2025? 3. What are the details regarding the bonds required for the tender & performance bond, including the value and execution of such? If you would like to attend in person, please fill out the registration questionnaire - https://lnkd.in/d724acSb Alternatively, if you cannot attend but have relevant questions, feel free to send them to us at tatiana.fiodorov@afpartners.ro, and we will be happy to address them during the event.

On September 24th, we had the pleasure of attending the RESIDENTIAL CONFERENCE – The Future of Quality Living, organized by the Bucharest Real Estate Club. The event highlighted key trends and challenges in Bucharest’s residential market, and a few essential points stood out: 1. Traffic from Ilfov: The daily flow of commuters traveling from Ilfov to Bucharest for work, school, and services is putting significant pressure on the road infrastructure, highlighting the need for urgent solutions; 2. Traffic Commission Approval: Securing approval from the Traffic Commission to be issued by the Mayor is becoming a crucial step for urban development projects, directly impacting their execution; 3. Rising construction costs: While some markets have stagnated, labor costs continue to rise, significantly affecting sales prices; 4. Investor interest: There is growing interest in investments focused on income-generating properties and resale opportunities in the future; 5. Stock shortages: The lack of building permits is starting to cause a decline in available residential stock, which could lead to increased prices and higher demand; 6. Marketing strategies: In light of upcoming events such as Black Friday and the forthcoming elections, developers will need to adjust their marketing campaigns to align with consumer expectations; 7. Green standards: Compliance with NZEB standards is becoming essential, driving up costs; 8. Impact of VAT: Changes in VAT regulations continue to shape transactions and pricing in the real estate sector, affecting both developers and buyers.

On Friday, September 20, 2024, at the Gala Romanian Legal Awards, Fiodorov & Partners was honored to receive the prestigious Energy Award at Romania’s most important event recognizing excellence in the legal profession. The Gala, organized by Legal Marketing, highlights and celebrates professional excellence in the Romanian business law sector, and we are incredibly proud to have been recognized. According to the organizers, each award at the Romanian Legal Awards is granted based on a rigorous evaluation of projects in the legal industry over the course of a year. This achievement reflects the dedication, expertise, and tireless efforts of our team, who work passionately to drive forward the legal framework for energy and sustainability in Romania. The acknowledgment strengthens our resolve to continue pushing the boundaries in energy law and contributing to the growth of this critical sector. Thank you to our clients, partners, and supporters for trusting us on this journey. The best is yet to come! #EnergyLaw #LegalExcellence #FiodorovAndPartners #RomanianLegalAwards #Romania #Sustainability #EnergySector

As the first Contract for Difference (CFD) tender is approaching in Romania, it is crucial to understand the scheme’s framework to maximize opportunities. To assist with this, we’ve prepared a very brief, non-binding, and non-legal advisory scheme, outlining the key rules of the upcoming tender. The main issues we explore include: 🔍 What is the legislator’s reasoning for requiring "reliable and verifiable evidence of funding covering the total project value" in the funding application, considering that the goal of the CFD scheme is to make the project bankable? 🔍 When should the participation guarantee be executed? 🔍 What is the timeline for obtaining the grid connection permit, and what happens to the performance guarantee if the ATR is not obtained? 🔍 Why does the legislator require the validity of the funding application to be six months, while the anticipated date for CFD contract signing is set for January 2025? If you or your team would like to discuss any of these points or need further clarification, please feel free to reach out to schedule a 45-minute call to explore these aspects further. Let’s get prepared for Romania’s new energy future! #CFD #Romania #EnergyTransition #RenewableEnergy #GridConnection #EnergyLaw #Project

We are pleased to announce that the main legal provisions governing Romania's CFD scheme have been approved. These provisions are rooted in several key legal acts, which we have summarized in a brief alert. For those interested in a deeper analysis of the CFD contract terms or the eligibility criteria for both projects and bidders, we invite you to reach out to our team. We are available to provide tailored insights and support. #Romania #EnergyLaw #CFD #LegalUpdate #RenewableEnergy #EnergyTransition

Is tacit approval still applicable for building permits and urban planning documentation endorsements and approvals? As of November 2019, following changes to Law no. 50/1991, tacit approval no longer applies to endorsements and approvals related to building permits and urban planning documentation. Instead, if these documents are not issued within the set deadline, the sanction is a fine from the State Inspectorate for Constructions (ISC), not automatic approval. #LegalUpdate #ConstructionLaw #BuildingPermits #Romania

We are pleased to announce that Tatiana Fiodorov will be speaking at the upcoming Energy Storage Systems Webinar in Romania, addressing several critical legal and regulatory issues within the energy sector. Join the event organised by ATA Insights | Renewable Energy Webinars & Events as we delve into crucial topics impacting the energy sector: 🔹 Grid Connection Requirements for Battery Energy Storage Systems; 🔹 Urban Planning and Regulatory Compliance for stand-alone storage projects; 🔹 Romanian Market Developments for new battery storage systems. This webinar is a fantastic opportunity to engage with key stakeholders and collectively address critical issues in Romania's energy infrastructure growth. #EnergySector #Romania #EnergyInfrastructure #Webinar #RenewableEnergy #BESS

On August 29, 2024, the National Energy Regulatory Authority (ANRE) introduced Order No. 60/2024, marking a significant step toward reducing electricity balancing costs in Romania. This order, now published in the Official Gazette, introduces key amendments to several existing regulations, effective from September 1, 2024, with additional provisions coming into effect on October 1, 2024, and January 1, 2025. #EnergyLaw #ANRE #ElectricityMarket #RenewableEnergy #EnergyRegulations #BalancingCosts #GridConnection #LegalUpdate #Romania #FiodorovAndPartners