The Constitutional Court of Romania is debating, on Wednesday, the notification of the High Court of Cassation and Justice regarding the law establishing the National Regulatory Authority for the Petroleum Mining Domain.

The Supreme Court decided, in mid-December of last year, to refer the matter to the Constitutional Court on the law approving the Government Ordinance that established the National Regulatory Authority for Mining, Petroleum and Geological Storage of Carbon Dioxide in June.

„On December 17, 2024, constituted in United Sections, with the participation of a number of 77 judges, in compliance with the quorum requirements provided for by law, the High Court of Cassation and Justice decided to refer to the Constitutional Court of Romania for constitutional review, prior to promulgation, regarding: The Law on the approval of GEO no. 81/2024 for the establishment of the National Regulatory Authority in the Mining, Petroleum and Geological Storage of Carbon Dioxide, as well as for the amendment and completion of certain normative acts in the field of mineral resources, petroleum 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 powers in the state, of art. 1 „paragraphs (3) and (5) regarding the principle of security of legal relations and that of the hierarchy of normative acts, as well as those of art. 115 paragraphs (4) and (7) regarding the legal regime of emergency ordinances and the limits of notification of Parliament in the procedure of the law approving emergency ordinances,” a statement from the Supreme Court reads.

On June 28, the Government approved the Emergency Ordinance for the establishment of the National Regulatory Authority in the Field of Mining, Petroleum and Geological Storage of Carbon Dioxide, as well as for the amendment and completion of certain normative acts in the field of mineral resources, petroleum and geological storage of carbon dioxide.

This normative act establishes the National Regulatory Authority for Mining, Petroleum and Geological Storage of Carbon Dioxide (ANRMPSG), a specialized body of the central public administration, with legal personality, fully financed from its own revenues, under the subordination of the Government and the coordination of the Prime Minister, through the Prime Minister’s Chancellery, through the reorganization through transformation of the National Agency for Mineral Resources (ANRM), which is being abolished, the Executive specified.

This will function as a regulatory authority, fully financed from its own revenues, the ANRMPSG staff will be taken over from ANRM, the maximum number of positions being 300, excluding dignitaries.

ANRMPSG will have several general objectives, including the development and systematization of the National Geological Fund and the National Fund of Resources and Reserves; the rational exploitation and development of mineral resource reserves and oil reserves, in accordance with the strategies in the field and the reduction of the impact on the environment. Also, the identification of new uses of the national public oil transportation systems and the valorization of mining voids.

The aim will be to promote a safe, competitive and environmentally sustainable European internal market for the exploitation of mineral resources, oil and natural gas and its effective opening for the benefit of all customers and suppliers in the European Union, as well as to guarantee adequate conditions for sustainable exploitation, taking into account long-term objectives, in accordance with the provisions of the relevant European Union directives.

ANRMPSG manages oil resources, mineral resources and the national geological fund, public property of the state, defined by the Petroleum Law no. 238/2004, as amended and supplemented, and by the Mining Law no. 85/2003, as amended and supplemented. Its responsibilities also include the development and promotion of draft normative acts, norms, instructions and procedures, in accordance with the provisions of the legislation on the geological storage of carbon dioxide.

At the same time, the legal regime for exploitation licenses is also being completed.

AGERPRES