Bondoc si Asociatii has advised RetuRO Sistem Garantie Returnare as the sole administrator of the deposit-return system implemented in Romania on the engineering, procurement, and construction contract for the technical infrastructure and the equipment necessary for the operation of the deposit-return system throughout the country.
On 20 October 2023, the National Authority for Administration and Regulation in Communications ("ANCOM") and the Ministry of Research, Innovation and Digitisation published for public consultation until 31 October 2023, the Draft Law on the establishment of measures for the implementation of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC, as well for the amendment and supplementation of Law No 365/2002 on electronic commerce (the "Draft Law").
On 7 August 2023, the Ministry of Energy published for public consultation the draft Government decision on the approval of the general legal framework for the implementation and functioning of the Contracts for Difference (CfD) support mechanism for low carbon technologies (the “Draft Government Decision”), together with an information note for potential bidders in relation to the implementation of a first CfD scheme, the related auctions rounds being envisaged for Q4 2023 and Q1 2025 (the “Information Note”).
On 28 June 2023, the European Commission published the proposals for the legislative package on payment services (“Revised Payments Legislative Package”) that will replace the Directive (EU) 2015/2366 on payment services in the internal market (“PSD 2”) and Directive 2009/110/EC on the taking up, pursuit and prudential supervision of the business of electronic money institutions (“EMD”) and merge the legal frameworks applicable to payments and electronic money services.
On 26 April 2023, the Court of Justice of the European Union ("CJEU" or the "Court") rendered an interesting new judgment that reopens the discussion about the problems posed by the legal protection of pseudonymized data. The Eighth Chamber, Extended Composition, of the General Court issued a judgment in case T-557/20 which involved the Single Resolution Board, as the central resolution authority within the European Banking Union ("Single Resolution Board" or "SRB") and the European Data Protection Supervisor ("EDPS").
The EU support for renewables, fostered from the outset by climate change and environmental/health as well as energy independence concerns, has prompted across the years a booming renewable business. Then the war in Ukraine broke out and the ensuing energy crisis raised a structural question mark on how EU could best react to these challenges and what role would the renewables play in the process.
On 13 December 2022, Law No. 357/2022 (“Law 357/2022”) on the approval of Emergency Ordinance No. 119/2022 amending Emergency Ordinance No. 27/2022 (“GEO 27/2022”) on measures applicable to final customers in the electricity and natural gas market in the period between 1 April 2022 and 31 March 2023, as well as for amending certain regulatory acts in the energy field (“GEO 119/2022”) was published in the Official Gazette of Romania no. 1198. Law 357/2022 entered into force on 16 December 2022, except for certain provisions which will enter into force at a later date. Below is a selection of some of the more relevant provisions set forth under Law 357/2022.
On 6 December 2022, Government Emergency Ordinance no. 163/2022 ("GEO 163/2022" or the “Ordinance”) for supplementing the legal framework on the promotion of the use of energy from renewable sources and for amending and supplementing certain regulatory acts, was published in Official Gazette of Romania No. 1165, entering into force on the same date.
With the war in Ukraine raging for more than six months, law firms across the region have reported increased workloads in corporate and M&A, tax, employment, immigration law, and inquiries on the sanctions regimes in relevant jurisdictions, noting that companies from Ukraine, Russia, and Belarus are variously looking for a new home. Whether to avoid sanctions or escape the war, those companies consider a variety of factors in determining where to go.
On 1 September 2022, Emergency Ordinance No. 119/2022 (“GEO 119/2022”) amending Emergency Ordinance No. 27/2022 on measures applicable to final customers in the electricity and natural gas market in the period between 1 April 2022 and 31 March 2023, as well as for amending certain regulatory acts in the energy field (“GEO 27/2022”) was published in the Official Gazette of Romania no. 864 and entered into force on the same date. Below is a selection of the provisions set forth under GEO 119/2022.
Against the background of energy transition and of the states’ need to ensure their energy security in the current geopolitical context, offshore renewable energy technologies have gained increased attention. Today, they have been included in renewable energy policies both in the European Union ("EU") and in the EU Member States, whether we are talking about wave energy, tidal energy, energy produced by floating photovoltaic panels, floating wind turbines and wind turbines attached to the seabed.
Grid connection in Romania is mainly regulated by ANRE Order no. 59/2013 approving the public grid connection regulation (the “Connection Regulation”), which has already been amended twice in 2022 (under ANRE Orders no. 17/2022 and 81/2022) and will soon be amended for a third time. Hence, the legal regime governing grid connection is quite a carousel of changes and reshapes.
More than two years after the expiry of the deadline for the transposition of Directive (EU) 2018/1972 establishing the European Electronic Communications Code ("Electronic Communications Code"), Romania has adopted for this purpose the Law no. 198/2022 amending certain regulatory acts in the electronic communications sector and for the establishment of measures meant to facilitate the development of electronic communications networks ("Transposition Law").