New procedure regarding the removal of land from agricultural use

By Order of the Ministry of Agriculture and Rural Development no. 299/2022 (“Order no. 299/2022”), the Procedure regarding the permanent or temporary removal of extra-urban land from agricultural use (“The Procedure”) was amended in order to allow the placement of renewable electricity production capacities, as regulated by Article 92 (2) j) of the Land Law no. 18/1991 (“Renewable Energy Production Capacities” or “REPC”). The main points of interest are: ► Competent authority The removal of land from agricultural use is approved by decision of the director of the County Directorate for Agriculture (“Competent Authority”), for plots of land with an area larger than 1 ha and up to 50 ha, and with the approval of the specialised department of the Ministry of Agriculture and Rural Development (“MARD”), or by Government decision, for plots of land with an area larger than 100 ha, at the proposal of MARD. ► Required documentation As per Order no. 299/2022, additional documents, required for the removal of land from agricultural use for the placement of REPC, were added to the Procedure, of which we mention:
▸ The technical memorandum of the project describing REPC and the necessity and opportunity of its placement; ▸ The technical project regarding the placement and use of REPC; ▸ The approval issued by the specialised department of MARD. ► Procedure for issuing the decision In case of complete documentation, the Competent Authority shall issue the decision for the removal of land from agricultural use within a maximum of 45 days from the registration of the request. The approval of the specialised department of MARD is issued via the Competent Authority, within 15 days from the registration of the documentation submitted by the Authority. The County Directorate for Agriculture shall issue the decision and shall communicate it to the beneficiary within 5 days of receiving the approval from the specialised department. If requested by the specialised department, the beneficiary shall submit the required additional documents within 7 days of the communication of the notice, the period of issuance of the decision being extended by 10 days from the communication of the notice. ► Dual system land use If the land use category is vineyards and orchards (in Romanian: “vii si livezi”), it may be used in a dual system, for up to 50 ha per REPC, respectively for the production of electricity and for agricultural activities specific to this land use category. In this case, the permanent or temporary removal of land from agricultural use will be requested only for the areas used for the production of electricity, i.e., the areas built up by assembly structure poles, inverters, transformer stations, electricity storage units, independent grounding systems for protection and lightning protection, access roads, fences and other structures or substructures needed for the functioning of REPC, as mentioned in the technical project. The documentation must be completed with the technical project regarding the placement and use of REPC, which will describe: the type of REPC, placement method, degree of occupancy, and the use of the areas remaining in the agricultural circuit for production, also mentioning the areas used for both electricity and agricultural production. ► Reintroducing the land into agricultural use If placement of REPC is not initiated within 5 years from receiving the decision for the removal of land from agricultural use, the land is reintroduced into agricultural use by effect of law, based on a notice registered at the County Directorate for Agriculture by the beneficiary.