Portuguese company EDP Renovaveis (EDPR) announced that it will launch lawsuits against Romania and Poland over the introduction of energy taxes.
In November, Romanian Government adopted the emergency ordinance 112/2022, which prompted protests from renewable energy producers in the country. Namely, the new regulations skim producers’ revenues over 91 euros/MWh, while insufficiently accepting to deduct hedging and balancing costs that are particularly high for wind and solar capacities.
According to the Romanian Association for Wind Energy (RWEA), the operators of wind farms and solar power plants in Romania may end up paying windfall taxes over revenues they never realized.
EDRP said in a statement that it will pursue all legal actions to contribute to the return to a fair rule of law that may support much-needed investments in renewables in these countries and within the European Union, without specifying what action it would take or in which court.
Like other European Union countries and in line with the EC recommendations, Romania and Poland have recently introduced emergency measures to claw back revenue from utilities to help consumers facing soaring energy prices.
EDPR said that it believes the measures in both countries do not follow the European Union principle of clawing back only realized market revenue. It said the new taxes could result in unreasonable payments and potential costs of about 300 million euros.
EDPR operates RES portfolio of 697 MW in Poland and 521 MW in Romania.