Producers of energy with an installed capacity of 125 MW up to 250 MW are regaining the market – they become entitled to Green Certificate even retrospectively
The possibility for big producers of energy to enter in the market is changed again according to a recently issued law, Law 122 on 3rd of July 2015, regarding the new measures in the electricity field (hereinafter “Law 122/2015”). Big producers of energy having power plants with capacities of 125 MW or more, up to 250 MW (hereinafter “Big Producers”), do not need a separate individual approval of the European Commission, if attested by the Regulatory Authority in the field of energy.
In 2012, an Emergency Ordinance of the Government was issued according to the European Commission Decision, obliging the Big Producers to obtain separately from the European Commission an individual approval, after being licensed in Romania, for benefiting of the support scheme for the time-frame given in Law no. 220/2008 (issuing Green Certificates) on the support scheme (maximum 15 years).
Therefore, starting with the application of Law no. 122/2015, respectively starting with 6th of July 2015, for the Big Producers of energy is established that no separate approval is necessary any longer; this includes even already accredited (licenced) producers by the Romanian authorities.
Note: The Big Producers which were accredited at the time of issuance of the EOG no. 88/2011 (which was at date of 19.01.2012) and obtained a certain number of GCs’ have now the possibility to be reimbursed. For the Big Producers which obtained a different number of GC, other than the one provided by Law no. 220/2008, in article 6, because of the late given approval of the European Commission, shall be reimbursed within 24 months from the application of Law no. 122/2015, respectively latest on 5th of July 2017.
The reimbursement is done based on a normative resolution of the Regulatory Authority in the field of Energy, which shall be issued in a term of 90 days from the application of Law no. 122/2015, respectively 5th of September 2015.
Furthermore, Law no. 122/2015 is establishing a term of 120 days from its application for the Regulatory Authority to elaborate a mechanism of opening the promotion scheme of GCs for the producers of electricity from renewable sources from other Member States of the European Union.
On another hand, the Regulatory Authority has another obligation related to small producers, as to establish a mechanism for a support scheme within 120 days from the publication of Law no. 122/2015 for small producers of energy from renewable sources with an installed capacity of up to 500kW. Therefore, latest the 9th of November 2015, small producers will have a separate mechanism of support.
Note: The Law no. 122/2015 will be fully applicable after the Regulatory Authority shall implement the normative rulings as afore shown, within the terms given. This should be the case latest by 9th of November 2015.
For further information on this aspect and any other questions related to renewable energy please feel free to contact: Mag. Raluca Marinescu, LL.M. (firstname.lastname@example.org)