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Legal Briefing

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Polish mining and Romanian renewables – legal developments in the energy sector

Overview

This round up of developments in the energy sector from Schoenherr covers the introduction of a new more investor-friendly geological and mining law to come into force in Poland which introduces new regulations both with respect to administrative and civil law. Tender proceedings will now have to be conducted when granting permits for the prospection, exploration and production of hydrocarbons. This will remove any doubts as to whether Polish law is in conformity with directive 94/22/EC.

The briefing also addresses possible amendments to the Romanian renewables support scheme. The focus of the Romanian renewable energy sector has lately been on the outcome of the EU Commission’s authorisation of the support scheme regulated by Law No. 220/2008 on the promotion system for energy generated from renewable sources. The uncertainty surrounding the support scheme has led to a slowdown of investments in renewable energy projects. In view of the process of getting the support scheme authorised by the EU Commission, the Government proposed a draft emergency ordinance to amend Law No. 220/2008. This draft is currently being subjected to public debate.