Dumitru Čirice, a former PSD-backed deputy in senior positions in the energy sector, is also the president of Electrica’s board of directors from February 12, 2024, but this appointment may bring him into a state of incompatibility. . He is also currently the Deputy CEO of Electrica Furnizare, part of the Electrica Group. There are also clarifications of the current legislation, which prohibit holding management positions in energy companies for 5 years after the end of the term of office of the president of NARE.

We remind you that Dumitru Chirice is the former head of the National Energy Regulatory Authority (ANRE), who was alternately an electrician, a trade unionist, and then a PSD deputy.

Access to both distribution and supply at the same time

European regulations, transposed into Romanian legislation, prohibit the accumulation of functions in energy supply and distribution companies through the application of the so-called “unbundling” of network operators in the field of energy. Romania and the supply of Electrica Furnizare.

As chairman of Electrica’s board of directors, he may have access to documents and information related to distribution, while he is director of supply, which would call into question the independence of the distribution operator.

In addition, in accordance with Law 78/2000, Art. 11, paragraphs 1 and 2, they can be interpreted in the sense of a ban on holding management positions in energy companies for 5 years after the end of the term of office of the president of NARE.

HotNews.ro reached out to Electrica a few days ago for an opinion on the matter, but so far has not sent any response.

What European legislation provides

Directive (EU) 2019/944 of the European Parliament and of the Council of June 5, 2019 on unified rules of the internal energy marketelectricity: Article 35 – Unbundling of distribution operators

(1) If it is part of a vertically integrated enterprise, the distribution operator is independent, at least in terms of its legal form, organization and decision-making process, from other activities not related to distribution. These rules do not create an obligation to separate ownership of the distribution operator’s assets from the vertically integrated enterprise.

(2) In addition to the requirements set out in paragraph (1), if the distribution operator is part of a vertically integrated enterprise, it is independent from the point of view of organization and decision-making from other activities not related to distribution. To ensure this independence, the following minimum criteria apply:

(a) persons occupying a management position of the distribution operator may not be part of the structures of an integrated electricity company responsible, directly or indirectly, for the day-to-day management of electricity generation, distribution or supply activities;

(b) appropriate measures must be taken to ensure that the professional interests of persons responsible for the distribution operator are taken into account so that those persons are able to act independently;

Law on Electricity and Natural Gas 123/2012: Article 48 – Unbundling of distribution and supply activities

(1) If the distribution operator is part of a vertically integrated economic operator, it must be independent at least in terms of its legal form, organization and decision-making process with respect to other activities not related to distribution. This rule does not create an obligation to separate ownership of assets belonging to the distribution operator from the vertically integrated economic operator.

(2) In addition to the requirements provided for in para. (1) if the distribution operator is part of a vertically integrated economic operator, it must be independent in terms of its organization and decision-making process with respect to other activities not related to distribution. For this, it is necessary to apply the following minimum criteria:

a) persons responsible for the management of the distribution operator may not participate in the structures of a vertically integrated economic operator, directly or indirectly responsible for the day-to-day performance of electricity production, transportation or supply activities;

b) appropriate measures must be taken to ensure that the professional interests of persons responsible for the management of the distribution operator are taken into account in such a way as to ensure their independence of action.