EC confirms that it has received complaints regarding the liberalization of the Romanian electricity market

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The European Commission confirms that it has received complaints about the process of market liberalization in Romania and, at the same time, sent a letter to the Romanian authorities on January 26 regarding the lifting of the export restrictions imposed by Hidroelectrica, a spokesman for the European Commission said on Wednesday, quoted by Agerpres.

“The Commission confirms that it has received complaints on this subject, which it is examining in accordance with the procedures in force,” the EC representative said, without elaborating.

At the same time, the spokesperson added that the European Executive sent to the Romanian authorities, on January 26, a letter regarding the way in which Romania harmonizes the national legislation with the European one regarding the energy trade.

“In addition, the Commission is currently in dialogue with the Romanian authorities to ensure that Romanian legislation in the field of energy exchange is harmonized with European legislation, taking into account the decision of the Court (European Court of Justice – No) of 17 September 2020, in case C-648/18 ‘Hidroelectrica’. A letter in this regard was sent to ANRE and the Romanian authorities on January 26, 2021,” the spokesperson continued.

Without these changes in legislation, some provisions may have the effect of export restrictions, according to the European Commission.

“The Commission has taken note of the court decision in the ‘Hidroelectrica’ case, according to which the provisions of the national legislation obliging energy producers to sell electricity available on platforms managed by a single operator, intended for energy trade on the national market, constitute measures that have effects equivalent to restricting exports,” the European official also said.

Hidroelectrica won the lawsuit with the National Regulatory Authority (ANRE) in September at the European Court of Justice (CJEU), after the regulator banned producers from exporting electricity.

In the reasoning of the judgment, the Court stated that a national legislation which, as interpreted by ANRE, requires national electricity producers to supply the full amount of electricity available on platforms managed by the single market operator is a measure having equivalent effect to a quantitative restriction for exports.

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