Revista Transilvană de Ştiinţe Administrative (Dec 2022)
Producția descentralizată de energie în România: o analiză a noului cadru de reglementare
Abstract
It is not news to anyone in the EU that we are traversing an energy crisis. We are not using terms such as ‘unprecedented’, or other similar terms, mainly because energy crises have occurred before, such as the energy crises in the 1970s, and, aside from the negative economic and social effects, they were also an opportunity to design safer policy, regulatory, economic and social systems, to make them more resilient to similar (or different) occurrences. The current energy crisis is also providing such an opportunity for the most reluctant (or non-compliant) EU Member States to finally put in place the energy policy tools the EU was designing even before the energy crisis occurred or could be anticipated. Some of these tools lie in the reformed Renewable Energy Directive, or RED II, (Directive (EU) 2018/2001) and the Electricity Directive (Directive (EU) 2019/944), and their effectiveness is dependent on the timely and adequate transposition into national law, thus ensuring the uptake of decentralized renewable energy production, as the Directives intended.Romania’s transposition of these two Directives was neither timely, nor adequate, but during late 2021 and 2022 significant regulatory steps were made to align the national legislation with the EU Directives in terms of providing the adequate regulatory framework for decentralized energy production, especially for renewable sources of energy. This is the main focus of this article: a systematic review and expert analysis of the recently adopted legislation, compared to the result obligations instituted for the Member States and the opportunities and rights created for individual or collective self-consumers by the two Directives.
