Energy resources, from agency to authority. CCR called to decide

The RCC discuss, on Tuesday, the notification of the JCCJ regarding the law to set up the National Regulatory Authority in the Mining, Petroleum and Geological Storage of Carbon Dioxide (ANRMPSG).

On June 28, 2024, the Government approved the Emergency Ordinance for the establishment of the National Regulatory Authority in the Mining, Petroleum and Geological Store of Carbon Dioxide, as well as to modify and complement some normative acts in the field of mineral resources, oil and geological storage of carbon dioxide.

Transformation of the National Agency for Mineral Resources (ANRM), which is abolished, and the establishment of ANRMPSG

The supreme court decided, in the middle of December last year, to notify the Constitutional Court on the law of approval of the GEO by which the National Regulatory Authority was established in June in the field of mining, oil and geological storage of carbon dioxide.

Through this normative act, the National Regulatory Authority in the Mining, Petroleum and Geological Store of Carbon Dioxide (ANRMPSG), specialized body of central public administration, financed from its own revenues, subordinated to the Government and the coordination of the Prime Minister, through the Chancellery of the National Prime Minister, through the Chancellery of the National Prime Minister. For mineral resources (ANRM), which is abolished, the Executive said.

This will function as a regulatory authority, financed in full from their own revenues, ANRMPSG staff will be taken from ANRM, the maximum number of positions being 300, exclusively the dignitaries.

« On December 17, 2024, constituted in united sections, with the participation of 77 judges, in compliance with the quorum requirements provided by law, the High Court of Cassation and Justice decided to refer the Constitutional Court of Romania for the control of the Constitutionality, before promulgation, regarding: the Law on the approval of the OUG no. Oil and geological storage of carbon dioxide, as well as to modify and supplement normative acts in the field of mineral resources, oil and geological storage of carbon dioxide (PL-X 486/2024), in relation to the constitutional provisions of art.61 paragraph (1) and art.1 paragraph (4) regarding the principle of separation and balance of art. paragraph (3) and (5) regarding the principle of the security of the legal relations and that of the hierarchy of normative acts, as well as those of art.115 paragraph (4) and (7) regarding the legal regime of the emergency ordinances and the limits of notification of the Parliament in the procedure of the law approval of the emergency ordinances « , was stated in a statement of the Supreme Court.

ANRMPSG will have several general objectives, including the development and systematization of the National Geological Fund and the National Resources and Reserves Fund; The exploitation and rational development of mineral resources reserves and oil reserves, in accordance with the strategies in the field and reducing the impact on the environment.

It will be aimed to promote a European internal market for the use of mineral resources, oil and safe, competitive and sustainable natural gas and an effective opening for the benefit of all customers and suppliers in the European Union.

ANRMPSG manages oil resources, mineral resources and the national geological fund, public state property, defined by the Petroleum Law no. 238/2004, with the subsequent modifications and completions, and by the Mine Law no. 85/2003, with subsequent modifications and completions. The duties include activities for elaboration and promotion of projects of normative acts, norms, instructions and procedures, according to the provisions of the legislation regarding the geological storage of carbon dioxide.

At the same time, the legal regime for operating licenses is completed.