Data-center law in Romania

Legea nr. 292 din 3 decembrie 2018 privind evaluarea impactului anumitor proiecte publice si private asupra mediului

Applies to both

Legea nr. 292/2018 transposes Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2014/52/EU.

Annex 1 lists projects that must undergo an environmental impact assessment automatically, including a thermal power station or other combustion installation of at least 300 megawatts thermal capacity; Annex 2 lists project categories, including industrial or urban development projects, for which the competent authority must first determine whether an assessment is required, applying the selection criteria at Annex 3.

Any modification or extension of a listed project that itself meets the threshold values is treated the same way. The law does not name a data centre specifically; whether a data centre project falls within Annex 1's power-station threshold or Annex 2's development-project categories turns on its own thermal or electrical capacity and site classification.

Source: Full text of law

Legea nr. 123/2012 a energiei electrice si a gazelor naturale, art. 3 pct. 95, art. 73, art. 73^1, art. 93

Applies to both

Legea nr. 123/2012 defines a prosumer at art. 3 pct. 95 as a final customer who produces electricity from renewable sources for its own consumption at a location identified by a connection certificate, on premises where electricity production is not its main activity. Art. 73^1 lets a prosumer holding up to 400 kW of installed renewable generation capacity sell surplus electricity to its supplier.

The same article obliges the relevant electricity distribution operator to carry out the connection of qualifying prosumers under ANRE regulations. Art. 93, in the electricity title, sets the general contravention regime for the sector: a newly established legal person with no recorded turnover in the prior financial year is fined between 100,000 and 1,000,000 lei, and a licensed operator's contraventions are otherwise sanctioned by reference to its annual turnover under the same article.

ANRE (the National Energy Regulatory Authority) is the licensing and enforcement authority for electricity generation, transport, distribution, and supply activities.

Source: Full text of law

Legea nr. 50/1991 privind autorizarea executarii lucrarilor de constructii, republicata, art. 1, art. 24, art. 26

Applies to both

Legea nr. 50/1991, as republished, requires that execution of construction or demolition works be permitted only on the basis of a building or demolition authorization issued under the law, at the request of the holder of a real right over the affected land or construction. Executing the listed categories of works without an authorization, or in breach of one, is a criminal offence carrying 3 months to 1 year imprisonment or a fine.

Lesser breaches of the authorization regime are administrative contraventions, fined at fixed amounts ranging from 1,000 lei up to 100,000 lei depending on the category of breach.

Source: Full text of law