The associations of investors in green energy production capacities in Romania objected to a bill drafted by the government by which state-owned or -controlled companies would get preferential access to the state's land for wind or solar power projects.
Under a draft emergency ordinance, the State Domains Agency (ADS) would be entitled to give the land it manages, under direct concession contracts, to state companies (or private companies, where the state is the majority shareholder). This would be legally possible by declaring the projects as investment objectives of national interest.
The Romanian Photovoltaic Industry Association (RPIA) and the Romanian Wind Energy Association (RWEA) argue that the direct concession of land has a non-competitive nature and claim that the statute of investments of national interest does imply only the facilitation of the approval process, not the direct concession the land.
"Such measures must respect the principle of transparency and fair competition, which implies the organization of public tenders for the award of concessions and surface rights, or, at least, the definition of clear and non-discriminatory selection criteria; a direct negotiation between ADS and certain selected companies is not able to ensure such fair conditions of competition," RPIA and RWEA say in a press release quoted by Hotnews.ro.
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