The extraordinary resolution on finalizing the legislative framework for the promotion of the use of energy from renewable sources, recently adopted by the government, transposes Directive (EC) 2018/2001 on the promotion of the use of energy from renewable sources, the Ministry of Energy notes.

“In order to properly inform the public through the Emergency Decree on finalizing the legislative framework to promote the use of energy from renewable sources, as well as to amend and supplement some regulatory acts, which was adopted on November 29, the Government of Romania transposed Directive (EC) 2018/2001 of the European Parliament and the Council of December 11, 2018 (reform) on promoting the use of energy from renewable sources,” the press release states.

According to the quoted source, the changes were necessary given that Romania risks starting an infringement procedure (the risk of going to the Court of Justice of the European Union in case 2021/0333).

Thus, Directive (EC) 2018/2001 established a mandatory target at the level of the European Union aimed at a weight of at least 32% of energy from renewable sources in gross final consumption, the target for which is necessary to further encourage the development of production technologies energy from renewable sources and indirectly providing stability and predictability to investors in the industry.

“We encourage the production of renewable energy, an increase in the number of consumers, including through financing from the national budget, from the PNRR or the Modernization Fund, and we remind you that due to the adoption of GEO 143 from December 2021, the decree that introduced the possibility of quantitative compensation for energy produced by prosumers, the number of which increased exponentially during 2022,” the press release states.

At the same time, the extraordinary resolution contains a number of legislative clarifications specifically to encourage this type of investment.

Regarding the introduction of the tax for prosumers, representatives of the Ministry of Energy specify, among other things, “as a general rule, prosumers do not pay any tax, but Directive 2018/2001 speaks of the introduction of a tax for prosumers under certain conditions, which can be found in Article 21 of the Decree.”

Central government bodies and NARE apply non-discriminatory and proportional taxes and tariffs to consumers of energy from renewable sources in respect of electricity from renewable sources produced by them independently, which remains at their enterprises, in one or more cases.

Thus, one of the mentioned cases is “if self-generated electricity from renewable sources is effectively supported by support schemes, only to the extent that the economic viability of the project and the incentive effect of such support are not undermined”.

Another situation regarding the application of taxes concerns the fact that “from December 1, 2026, if the capacity installed in consumer power plants exceeds 8% of the total capacity installed in power generation facilities at the national level, and if it has been demonstrated through cost-benefit analysis carried out by ANRE through an open, transparent and participatory process, that the provision provided for in paragraph (3) letter (b) has resulted in a significant disproportionate burden on the long-term financial sustainability of the electricity system, or creates an incentive that exceeds what objectively necessary to achieve cost-effective use of renewable energy, and that such burden or incentive cannot be minimized by taking other reasonable actions.”

Another case mentioned: “if electricity from renewable sources of own production is produced in installations with a total installed capacity of more than 30 kW”.

“As can be seen from the text, the possibility of introducing the tax is remote, in the time horizon until the end of 2026, and requires the fulfillment of several conditions. Moreover, at the level of the European Commission and the European Parliament, it is said that the tax is remote,” he noted. , revising these directives through the Fit for 55 package, a directive that will introduce other changes to accelerate the implementation and promotion of renewable energy. of Energy, the Ministry of Justice, the Ministry of Transport and Infrastructure, the Ministry of Development, Public Works and Administration, the Ministry of Foreign Affairs and the Ministry of Research, Innovation and Digitalization,” the press release states.

Representatives of the Ministry of Energy remind that the GEO can be changed in the Parliament of Romania, following the parliamentary procedures.

(Source: Agerpres)