I. Pastures in the public or private domain of the State, of communes, towns and municipalities may be used for electricity production and storage, in dual system subject to (i) obtaining the approval of the farmer/association which has already concluded an agreement for the use of the pasture and (ii) only if the agricultural exploitation of the pasture is not impaired.

Note: It remains to be seen if to which extent these provisions are valid, taking into consideration that (i) the Methodological Norms cannot derogate from Government Ordinance 34/2013 and (ii) article 9, paragraph 2 corroborated with article 14, paragraph 1, letter g) from such ordinance may be interpreted in the sense that only farmers may conclude use right agreements over pastures in the public or private domain of the State.

II. Renewable electricity production facilities may be constructed on permanent pasture lands subject to the conditions laid out in Art. 92, paragraph 2, letter j) of Law 18/1991 (i.e., to be constructed on extramuros agricultural land, up to a maximum of 50 ha), and in such a way that it does not impair the proper exploitation of the pasture.

III. New definitions

(i) Dual use of permanent pasture lands: the performance, on the same area of permanent pasture, of grazing and fodder production activities, as well as of activities for the production of electricity from renewable sources, as defined by art. 92, paragraph 2, letter j) of Law 18/1991;

(ii) Proper use of permanent pasture lands in case of dual use: the use of pastures for renewable electricity production facilities, in case of dual use, must not harm the agricultural quality of the pasture land, so that grazing activities can be carried out;

(iii) Total surface of permanent pastures used in dual system: the surface of pasture covered by the equipment of the renewable electricity facilities (i.e. inverters, transformers, electricity storage units, access roads, etc.) must not be greater than 20% of the total surface of the permanent pasture.

IV. The dual use of the permanent pasture may be performed by: (i) a single person for both agricultural activity and renewable electricity production or (ii) two persons, one for the agricultural activity, the other for the activity of renewable electricity production.

V. For the use of pastures in the dual system, the areas occupied by specific investment objectives for the production of electricity from renewable sources shall be partially taken out of the agricultural circuit. Such area may not be greater than 20% of the maximum 50 ha/investment objective.

VI. The beneficiary of the areas of pasture taken out of the agricultural circuit shall be obliged to regenerate an unproductive land with an area equal to the one taken out of the agricultural circuit. On completion of such regeneration, the beneficiary shall be obliged to register in the agricultural circuit the regenerated area with the use category of pasture.

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