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The European Commission confirms that they received complaints in connectio to the deregulation of the electricity market in Romania

The European Commission confirms that they received complaints in connection to the process of deregulation of the market in Romania and at the same time, sent to the Romanian authorities a letter on 26th January regarding the lifting of export restrictions imposed to Hidroelectrica, stated on Wednesday for AGERPRES a spokesperson of the European Commission.

‘The Commission confirms that they received complaints in connection to this topic, which they analyse in accordance with the procedures in force’said the EC representative, without giving any details.

At the same time, he said that the European executive sent to the Romanian authorites,on 26th January a letter regarding the way in which Romania harmonises the national legislation to the European one as regards trade with energy.

Morevoer, the Commission has dialogues with the Romanian authorities to make sure that the legislation in Romania in the domain of energy exchange is harmonised with the European one, taking into consideration the decision of the  Court ( the European Court of Justice – o.n) of 17th September 2020 in file C-648/18 ‘Hidroelectrica’. A letter in this matter was sent to ANRE and the Romanian authorities on 26th January 2021’ the spokesperson said.

Without these amendments in legislation, some provisions can have the effect of restrictions for export, the European Commission considers.

Hidroelectrica has won in September at the European Court of Justice (CJUE) the trial with the National Authority for Regulation (ANRE) after the above mentioned authority forbade the producers to export electricity.

Moreover, CJUE considered that the way in which ANRE reacted, had the effect of depriving the Romanian producers of electricity who obtained trading licences with other member states, whose electricity markets have a functioning which is coupled with that of Romania, of the possibility to trade bilaterally electricity, and, if it is the case, to export it directly on these markets.

The Hidroelectrica representatives mention the fact that, by Law 123/2012 the producers of energy were obliged to sell all the energy on the Operator of the market of electricity and natural gas (OPCOM), thus being forbidden energy exports. The restriction was supported at that moment for reasons of safety in delivery, but in the context of markets unification, there is no practical reason.