Implementation of the offshore wind energy law in Romania – what has (not) been done so far and what is to be done next

(a) Introductory aspects

Law no. 121/2024 on offshore wind energy (the “Offshore Law” or the “Law”) was published in the Official Gazette on 8 May 2024 and came into force on 7 June 2024, marking a significant first milestone in the development of the offshore wind energy sector in Romania.

This was reported in a previously published article[1], where we highlighted that the Offshore Law regulates, inter alia, (i) responsibilities of relevant authorities and institutions, (ii) main rules concerning the establishment of concessionable perimeters, (iii) certain conditions for perimeter concessions, (iv) matters relating to the exploration, construction and operation of offshore wind energy power plants (“OWEPP”), (v) requirements for obtaining the necessary authorizations, approvals, permits and licenses, (vi) matters relating to the connection to the electricity transmission grid (“RET”), (vii) matters relating to the OWEPP dismantling, (viii) aspects concerning the security of offshore wind energy exploitation, (ix) general matters relating to applicable royalties and fees, and (x) contraventions and penalties in the sector.

The Offshore Law also outlines the schedule for implementing secondary legislation and other essential measures to establish a comprehensive and functional framework in this field. In this article, we aim to assess the extent to which the relevant authorities have adhered to the implementation schedule, highlighting any delays, challenges, and progress made in the processes for developing Romania’s offshore wind energy sector. For a clear overview, we have included a table at the end of this article summarizing the milestones and deadlines set under the Offshore Law, along with the progress achieved so far.

In a nutshell, while some milestones are still work in progress or there is no available information in relation to their status, there has been important progress concerning some other milestones and this is encouraging, given the overall complexity of the sector. What we should expect next is more strategical documents such as the study determining the list of concessionable offshore wind perimeters and the approval thereof by the Government, which will allow interested players to further progress in considering the opportunity.

[1] Available here.

The authors of this article are: Monica Iancu – Partner and Vasile Soltan – Associate.

Read the entire article here.