Volume 9, 2024

Producing green energy on Romanian pastures: a particular expression of the ownership over pastures, but also an expression of the opportunity cost

Orjan D. Mihnea-Tudor (PhD Student), Bucharest University of Economic Studies

Abstract: This paper addresses the use of permanent pastures in Romania for renewable energy production, analysing the legal and economic implications of this approach. In the context of growing demand for green energy and environmental commitments, Romania holds significant potential in leveraging its pastures, which account for one-third of the total agricultural area. The paper examines the current legislative framework, including the provisions of the Government Emergency Ordinance (G.E.O.) No. 34/2013 and of the Land Fund Law, highlighting the need for regulatory adjustments to support the sustainable use of agricultural land in this category. The study addresses challenges such as the poor condition of pastures and the decline in livestock farming, as well as the potential benefits of dual land use. Furthermore, the study proposes legislative solutions, such as removing surface limits for energy projects and extending the use of pastures for energy purposes beyond the end of the year 2026. The conclusions emphasise the necessity of an optimised legal framework, which is crucial for balancing economic and ecological interests and supporting sustainable development.

Keywords: permanent pastures, green energy, renewable energy sources, subsidies.

DOI: 10.24818/RCLR/2024/9.05

1. Introductory aspects

The issue of utilising permanent pastures beyond their traditional agricultural purposes, particularly for renewable energy production, is gaining increasing relevance in the current context of sustainable development. Thus, a complex balance must be struck between immediate economic benefits and the Romanian state's long-term obligations to protect the environment and ensure food security for the Romanian nation. Romania, which ranks sixth in Europe in terms of permanent pasture area, has significant potential for harnessing this natural resource, which is essential not only for grazing and fodder production but also for other economic purposes.

According to statistical data provided by the National Institute of Statistics, electricity production from renewable sources has seen a significant increase in recent years. Between January 1 and November 30, 2023, wind power production grew by 526.5 million kWh, while solar energy contributed 1,602.3 million kWh, despite a slight decline compared to the previous year (i.e., 2022). This trend highlights the increasingly important role of renewable energy sources in the national energy framework.

On the other hand, it is crucial to note that nearly half of the land occupied by pastures in Romania is poorly maintained, raising concerns about the long-term sustainability of the national pastoral fund. This situation legitimises the allocation of these lands for additional uses beyond traditional ones, such as their use for energy purposes.

This paper aims to explore the legal and economic implications of the dual use of permanent pastures in the context of leveraging the country's natural energy potential. It provides a comprehensive analytical framework for making informed decisions by landowners and investors, emphasising the relevance and practical stakes of the addressed topic. The paper brings to light new perspectives on how existing regulations can be adjusted to promote sustainable land use.

It is noteworthy that this paper builds on a study published in 2022 (Guțiu, S., Recent legislative amendments regarding construction restrictions for RES projects in Romania). It can also be viewed as a continuation and development of the research efforts initiated by the distinguished author mentioned above. This author deserves credit for her thorough examination of the topic as early as 2022, when Law No. 18/1991 (i.e., Land Fund Law) was amended by Law No. 254/2022. This legislative change allowed for the use of pastures for energy purposes, marking a significant shift in the practices of Romanian energy developers.

2. Contextualising the researched topic

2.1 Overview of statistical data on romania's permanent pastures

Through its specialised scientific activities, the Research and Development Institute for Pastures in Brașov (“RDIP Brașov”) monitors the status of Romania's permanent pastures, producing and disseminating relevant information to interested parties. One such publication, namely Romania's Pastures - Resources, Strategies for Improvement, and Utilisation, was released by RDIP Brașov in 2021. Although primarily written from a natural sciences perspective, it includes statistical data pertinent to understanding the economic aspects of Romania's pastures, aligning with the focus of this paper.

Below are key statistical insights on Romania’s pastures as presented in the aforementioned work, contextualised to the year of publication (2021), which are valuable for a deeper understanding of this study's subject:

• permanent pastures in Romania cover approximately 4.9 million hectares;

• they represent about one-third of the total agricultural area in Romania;

• Romania ranks sixth in Europe regarding pastureland size (considering the European part of the Russian Federation);

• 52% of pastureland is privately owned, 44% is under the ownership of administrative-territorial units (mainly communes), and the remaining 4% belongs to other entities (e.g., the Agency for State Domains);

• 68% of pastures are grazing lands, while 32% are hayfields;

• the percentage of permanent pastures affected by adverse factors due to poor maintenance is as follows: 26% of the total pasture area is invaded by economically valueless herbaceous vegetation, 9% is covered with woody vegetation from shrubs, and 11% is infested with molehills, amounting to a total of 46% of all permanent pastures.

Additionally, according to Press Release No. 331, issued on December 21, 2023, by the National Institute of Statistics (“NIS”), the average price per hectare of pasture in Romania in 2022 was €5,671. In the same year, Bulgaria recorded the lowest average price in the European Union at €1,887/ha, while Luxembourg had the highest at €46,305/ha.

2.2 The main economic and ecological functions of permanent pastures

In its publication, RDIP Brașov highlights the main uses of permanent pastures, both from an economic and ecological perspective. These are summarised as follows:

• grazing livestock and producing fodder (the main economic function of pastures);

• soil stabilisation and pollution reduction;

• maintaining soil quality (primarily by preserving the humus layer);

• carbon sequestration in the soil;

• symbiotic nitrogen fixation;

• supporting beekeeping;

• promoting the growth of medicinal flora;

• producing biofuel;

• preserving landscape aesthetics (economically reflected in increased agrotourism potential).

The multifunctional role of pastures demonstrates their value as natural assets and essential components for maintaining a balanced and life-sustaining environment. In essence, pastures are a crucial part of the natural framework that supports two fundamental rights enshrined in the Romanian Constitution: the right to economic initiative and the right to a healthy environment. By definition, they are indispensable to the food security that the population must enjoy.

Furthermore, considering that proper management and judicious use of pastures significantly contribute to ensuring the population's food supply, the concept of adequate nutrition—both quantitatively and qualitatively—is closely linked to the ideal of a decent standard of living. Hence, high-quality pasture management also contributes to fulfilling a third constitutional right: the right to a decent standard of living, particularly in its nutritional dimension.

Beyond these general observations, it is crucial to note that the degree to which pasture management supports food supply directly correlates with the performance of the livestock sector in specific regions and periods. Besides the adverse conditions affecting nearly half of Romania’s pastures due to poor maintenance, the country has also faced a significant decline in livestock numbers over recent decades. According to RDIP Brașov’s findings, between 1990 and 2020, Romania's cattle population decreased by 65 percent. In simpler terms, the country lost 65 out of every 100 dairy cows, or 13 out of 20.

These observations point to widespread and severe deficiencies in both pasture management and long-term livestock management. Although this conclusion may seem tangential to the current study, it is worth mentioning as it reflects critical issues that should be widely acknowledged and debated even beyond the circles directly involved in agriculture.

Without positioning ourselves as partners in dialogue on the same level with experts in agriculture, we assert that the data analysed indicate that Romania’s permanent pastures operate below their natural economic potential. This is due to maintenance deficiencies and underperformance in the livestock sector. Lastly, RDIP Brașov emphasises that for these lands to fulfil their economic functions adequately, it is imperative to apply appropriate agricultural practices in full compliance with local, regional, and national environmental protection laws. The Institute recognises that the sustainability of production systems depends both on their ability to maintain consistent output levels and on their capacity to preserve environmental quality over the medium and long term.

3. Placement of green energy production facilities on permanent pastures

3.1 Applicable regulatory framework

Beyond the traditional uses of pastures, as they were previously outlined and known since the dawn of humanity, technological advancements and the constant demand for energy have led to a new use: the placement of renewable energy production facilities (e.g., photovoltaic and wind power plants). This new application has increasingly become a visible reality in Romania in recent years, driven by the country's efforts to align with environmental policies aimed at reducing carbon emissions, strongly promoted at the EU level. These national efforts have also materialised through the adaptation of Romanian legislation to encourage investments in green energy facilities, with the regulations applicable to permanent pastures reflecting this new political, economic, and legislative orientation.

The legislation required for constructing such a “green plant” on permanent pasture can, for educational purposes, be divided into three main categories:

1) the general construction legislation (e.g., the Civil Code, Law No. 50/1991 on the authorisation of construction works, Law No. 10/1995 on construction quality);

2) the special legislation on electricity (e.g., Law No. 123/2012 on electricity and natural gas);

3) the special legislation regulating the use of permanent pastures (e.g., Law No. 18/1991 on the Land Fund and Government Emergency Ordinance No. 34/2013 on the organisation, management, and exploitation of permanent pastures, and for amending and supplementing the Land Fund Law No. 18/1991).

In addition to the primary legislative acts mentioned above, supplementary regulations developed to enforce these laws apply (e.g., the 2013 Methodological Norms for implementing the provisions of Government Emergency Ordinance No. 34/2013).

Given the inherent limitations of this paper and the specific focus of the publication in which it appears, the following sections will concentrate on the special provisions of the legislative acts in the third category.

3.2 The special provisions of Government Emergency Ordinance No. 34/2013

Government Emergency Ordinance No. 34/2013, the special legislative act governing the organisation, management, and exploitation of permanent pastures in the unincorporated areas of localities, defines permanent pastures as follows: “...land dedicated to the production of grass and other herbaceous forage plants, either cultivated or spontaneous, which have not been part of the crop rotation system of the holding for at least 5 years or more, as stipulated in Article 4(1)(h) of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 2013, establishing rules for direct payments to farmers under support schemes within the framework of the Common Agricultural Policy and repealing Council Regulation (EC) No. 637/2008 and Council Regulation (EC) No. 73/2009”.

Additionally, according to this emergency ordinance, “permanent pastures may also include other species such as shrubs and/or trees used for grazing, provided that grass and other herbaceous forage plants remain predominant; it also covers grazing lands that are part of local practices and customs, where the grazing areas are not predominantly covered with grass and other herbaceous forage plants”. Furthermore, the category of pastures includes “forested pastures with a density of less than 0.4, calculated only for the area effectively occupied by forest vegetation, alpine pastures, pastures located in flood-prone areas of rivers, as well as in the Danube Floodplain and the Danube Delta Biosphere Reserve, and pastures cultivated or harvested under paludiculture systems”.

Holders of pastures are defined as “those holding ownership rights, other real estate rights over the land, or those who, under civil law, qualify as possessors or precarious holders of pastures”.

Government Emergency Ordinance No. 34/2013 explicitly states the primary purpose for which pastures must be used by their holders, namely, grazing animals and producing fodder. Additionally, GEO No. 34/2013 establishes the principle that the permanent or temporary removal of pastures located in unincorporated areas from agricultural use is prohibited. However, it is crucial to note that this principle is not absolute. The ordinance allows for the temporary or permanent removal of unincorporated pastures with the approval of the Ministry of Agriculture and Rural Development, enabling these lands to be used for purposes other than grazing and fodder production.

The specific and limited purposes for which this legal operation is permitted are clearly outlined in GEO No. 34/2013. Among these is “the establishment of new renewable energy production capacities, under the law, which should not affect the proper exploitation of pastures”. In such cases, the ordinance also permits the dual use of pastures, meaning they can be utilised simultaneously for regular agrozootechnical activities (grazing and fodder production) and for hosting new renewable energy facilities. In scenarios involving dual-use, compliance with the general rules stipulated by GEO No. 34/2013 remains mandatory. This includes adherence to local pastoral management plans and regulations, as well as observance of norms regarding good agricultural and environmental conditions, along with necessary measures to maintain the pasture. In practice, it should be noted that we have encountered cases where surface rights contracts for pastures designated for photovoltaic plant installations included detailed clauses to ensure the continuity of grazing activities on the respective pastures, directly referencing applicable pastoral regulations.

It is also worth noting that the removal of unincorporated pastures from agricultural use for purposes other than those expressly permitted by GEO No. 34/2013 is strictly prohibited and results in contraventional liability for the responsible party.

The exception to the placement of new energy facilities requires that beneficiaries of permanent pastures situated in unincorporated areas, which are permanently removed from agricultural use, compensate for this loss by restoring an equivalent area of unproductive land. This restoration must be completed within the deadline specified in the approval document for the permanent removal of the pasture from agricultural use, ensuring that the total pasture area remains constant at local, county, or national level, as applicable. The obligation to restore does not apply in cases of temporary removal of pastures from agricultural use.

Regardless of whether the removal of the pasture from agricultural use is permanent or temporary, there is an obligation to undertake necessary works in order to restore the vegetation cover.

The permanent or temporary removal of land from agricultural use requires specific administrative approval, as follows: “a decision issued by the director of the county agricultural directorate for land areas up to and including 100 hectares, with the approval of the Ministry of Agriculture and Rural Development,” and “a Government decision for agricultural land exceeding 100 hectares, initiated by the Ministry of Agriculture and Rural Development”. Additionally, “the beneficiaries of the approval for removing permanent pastures from agricultural use are required to register the approval decision with the municipality in the territorial unit where the land is located, within 30 days from the communication date, for its recording in the agricultural register”.

Incorporated pastures are removed from agricultural use through the issuance of a building permit, while respecting the obligation of the territorialadministrative unit to maintain the surface of permanent pastures at the local, county, or national level as it was registered on January 1, 2007. In this case, the corresponding recovery obligation for permanent removal must be fulfilled before the building permit is issued.

Furthermore, it is noteworthy that under the provisions of GEO No. 34/2013, the placement of renewable energy production facilities does not result in a change of land use category from “pastures” to “construction sites”. The general philosophy of GEO No. 34/2013 emphasises maintaining the “pastures” land use category, with certain exceptions beyond the scope of this study.

An essential provision of GEO No. 34/2013 is the obligation to comply with the provisions of Law No. 18/1991 (known as the “Land Fund Law”) when removing permanent pastures from agricultural use. To ensure clarity, the following section will detail the relevant provisions of the Land Fund Law governing this specific aspect.

3.3 The general provisions of the land fund law

The Land Fund Law serves as the general legislative framework regulating the permanent removal of land from agricultural use. Under this law, permanent pastures are categorised as a specific type of agricultural land, a classification that is beyond reproach.

Although the Land Fund Law generally prohibits the construction of buildings on agricultural land, specific exceptions are made for facilities related to renewable energy production (referred to in the law as “production capacities for solar energy, wind energy, biomass energy, bioliquids and biogas, electricity storage units, transformer stations, or other similar systems”). These facilities can be established on unincorporated agricultural land of up to 50 hectares in quality classes III, IV, and V. A combined interpretation of GEO No. 34/2013 and of the Land Fund Law reveals that renewable energy facilities may only be placed on pastures within this size limit, as stipulated by the Land Fund Law.

Furthermore, the Land Fund Law provides additional details on the dual use of pastures, which, as noted, is permitted under GEO No. 34/2013. Thus, the permanent or temporary removal of pastures for dual-use purposes applies only to the portion of land occupied by the renewable energy facility, with the remaining area remaining in agricultural use.

The law also conditions the removal of pastures from agricultural use, required to obtain construction permits, on the payment of a specific fee. This fee contributes to the Land Improvement Fund managed by the Ministry of Agriculture and Rural Development and by the Ministry of Environment, Waters, and Forests.

Temporal limitations imposed by the Land Fund Law on the temporary removal of unincorporated agricultural land (e.g., permanent pastures) from agricultural use must also be considered. Such removal may initially be approved for a two-year period, extendable for another two years upon justification by the beneficiary. If the extension is not requested or if the extended period expires, the land may be permanently removed from agricultural use, which, in the case of permanent pastures, triggers the obligation to compensate for the lost area. If land temporarily removed from agricultural use is not subsequently permanently removed, it must be returned to agricultural use under the same quality and use category as before the approval, within one year of the expiration of the temporary removal period.

These general provisions of the Land Fund Law complement the framework established under GEO No. 34/2013. The interconnectedness of these two legislative acts must be carefully considered by developers planning renewable energy projects on pastures to ensure compliance with legal requirements.

The possibility of establishing energy facilities on pastures, introduced by Law No. 254/2022 amending the Land Fund Law and other normative acts, is currently limited to December 31, 2026, as stated in Article 2 of Law No. 254/2022. In our view, it would be prudent for the Romanian legislator to either eliminate this temporal limitation or extend it, as it is unlikely that the national issue of underutilising nearly half of the total pastureland and the decline in grazing livestock will be resolved by the deadline. Given the high likelihood that the agricultural potential of many pastures will continue to be underutilised beyond December 31, 2026, the legislator could safeguard the general utility of these pastures by allowing energy facilities to be constructed on them beyond this not-too-distant date.

3.4 The controversy arising from Article 7 of the 2013 methodological norms for GEO No. 34/2013

On the surface, authorising the construction of renewable energy facilities on permanent pastures should be a straightforward process involving compliance with the steps outlined in two seemingly clear legislative acts: GEO No. 34/2013 and the Land Fund Law. However, the 2013 Methodological Norms of GEO No. 34/2013, which address this issue in a single article, complicate the matter. Thus, according to Article 7 of these Norms:

“On pastures, constructions serving agricultural activities and annexes to agricultural holdings may be placed, in compliance with applicable legal provisions, specifically: a) shelters for animals, household annexes of agricultural holdings for milking or shearing animals, for agricultural machinery and equipment, for storing fodder, as well as temporary shelters and shading structures for animals; b) sources of potable water, wells, water supply systems for holdings; c) investments for the production and use of renewable energy, exclusively for ensuring the energy needs of the holding, provided the exploitation of pastures is not affected.”

At first glance, subsection (c) implies that renewable energy facilities can legally be established on pastures only if the energy produced is used “exclusively for ensuring the energy needs of the holding”. This means that the energy must serve the agrozootechnical operations carried out on the pasture where the facility is built. This limitation is exceptionally restrictive, confining the use of the generated energy and severely limiting the economic freedom of energy developers, who are unlikely to engage in livestock farming or fodder production, knowing that their legitimate goal is, evidently, energy trade.

In our view, Article 7(c) of the Methodological Norms unlawfully adds restrictions to the text of GEO No. 34/2013. The ordinance explicitly allows for the dual purpose use of pastures without imposing such conditions. Therefore, the Methodological Norms appear to disregard a fundamental principle of legislative drafting: a lower-ranking normative act (e.g., GD No. 1064/2013, which approved the Methodological Norms) cannot supplement or contradict a higher-ranking act (e.g., GEO No. 34/2013).

From an economic perspective, the restrictions imposed by the Methodological Norms seem equally unwarranted. As noted, a significant portion of Romania’s pastures are neglected or in poor condition, leading to low productivity, while the number of grazing animals has declined over the past decades. Thus, it is reasonable to question why a degraded and unused pasture could not be repurposed for renewable energy production, especially in the absence of an agricultural holding. In essence, the government’s preference for an underutilised pasture over, for example, a productive solar power plant lacks a logical basis, given that this choice involves wasting a limited resource (i.e., land) rather than using it in a beneficial and productive manner.

That said, the Methodological Norms remain legally valid as they have not been annulled. This legal ambiguity underscores the urgent need for the Romanian Government, as the issuer of both legislative acts, to reconcile the inconsistencies between them. The existing ambiguity benefits no one and, as noted by two authors who have studied this issue (Roman, I., Porojan, I., Can Renewable Energy Projects Be Built on Pastures?), “these legislative inconsistencies hinder the exploitation of Romania’s energy potential”. Moreover, as with any legislative misalignment, this discord creates a confusing environment, leading to divergent administrative practices and interpretations by public authorities. Such instability undermines the predictability and stability necessary for a modern civil circuits involving future energy investments.

In conclusion, we fully agree with the authors’ assertion that “clarifying these issues would stimulate investor interest and eliminate potential obstacles in developing renewable projects, thereby encouraging and supporting investments in this strategic sector (...)”.

3.5 Aspects to be considered by permanent pasture holders seeking to access financial support from eu funds

Beyond the aspects already illustrated, it is useful to address a separate dimension of the topic: the correlation between the placement of energy facilities on pastures and the eligibility of their holders for financial support from European Union funds, specifically the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD).

Starting in 2023, farmers seeking financial support from EU funds must comply with specific conditions outlined in the Annex to Order No. 54/570/32/2023 issued by the Ministry of Agriculture and Rural Development (MARD), the Ministry of Environment, Waters, and Forests (MEWF), and the National Sanitary Veterinary and Food Safety Authority (NSVFSA). This order implements the rules on conditionality for direct payment interventions and rural development measures since 2023.

From 2024 onward, these conditionality standards must be adhered to by all farmers applying for compensatory payments under environmental and climate compensatory support schemes. These requirements apply to the entire agricultural holding throughout the year in which the payment request is made.

One key condition, coded as GAEC 1, mandates the maintenance of permanent pasture areas at the farm level. This is based on the proportional ratio between permanent pasture areas and eligible agricultural areas, as determined through administrative and on-site checks at the national level, compared to the reference year 2018. A maximum allowable reduction of 5% from the reference year is tolerated. This requirement aims to conserve carbon stocks (i.e., it has an ecological purpose) and is part of broader efforts to ensure the sustainable use of agricultural land, including preventing soil degradation.

If the ratio between permanent pasture areas and agricultural land decreases by more than 5%, obligations arise at the farm level (i.e., to reconvert land into permanent pastures or to establish a permanent pasture area for farmers who converted pastures into land for other uses in a previous period).

Therefore, pasture holders who are also farmers interested in obtaining EU funds must consider this requirement when planning to install renewable energy production facilities on their pastures. Non-compliance could jeopardise their eligibility for the desired funds. When deciding to place renewable energy facilities on pastures, holders should carefully consider the specific provisions and conditions outlined in the aforementioned order to avoid risking the loss of EU funding.

Moreover, in cases of dual-use pastures, it is strongly recommended to consult an expert in EU funds to assess the eligibility of the project and in order to identify necessary measures to maintain compliance with funding requirements. This approach ensures a balance between the objectives of the energy project and the GAEC 1 requirement stipulated in the Annex to Order No. 54/570/32/2023.

4. Brief conclusions: does the placement of green energy production facilities on pastures truly pose the issue of opportunity cost for the pasture holder?

The current stage of legislative and energy sector development in Romania allows, in principle, for the modern use of permanent pastures, aligning with the demands of an economy characterised by both a well-defined need for electricity and by increasingly stringent environmental imperatives. This modern use involves utilising pastures as a material base for constructing renewable energy production facilities.

However, given the critical importance of pastures for both Romania’s food security and the health of the environment, their use for purposes other than traditional grazing and fodder production—such as hosting energy production facilities—must adhere to strict legal norms. Such use should be considered an exception rather than the rule in pasture utilisation.

Considering that Romanian legislation allows the dual use of pastures, the discussion of opportunity cost for pasture owners who wish to install energy facilities should, at most, remain marginal. Nonetheless, due to the misalignment between the content of GEO No. 34/2013 and its Methodological Norms, and especially considering GAEC 1 requirements as reflected in Order No. 54/570/32/2023, the conclusion is that placing energy facilities on permanent pastures could indeed entail an opportunity cost for the holder:

While installing energy facilities on pastures can yield significant financial benefits, it must be balanced against the potential loss of agricultural productivity, environmental impact, and eligibility for EU funding. The strict legal framework and imposed conditions aim to protect the sustainable use of pastures, but complicate the decision-making process. Thus, landholders must navigate between immediate financial gains from energy projects and long-term obligations to maintain agricultural land and to comply with environmental standards.

To ease the decision-making process, we propose that the legislator could act in the following directions:

• eliminating the 50-hectare limit for energy facilities, a restriction which, in our view, has lost its justification in the current context (i.e., nearly half of Romania’s permanent pastures are in a state unsuitable for effective traditional use, and livestock farming is in decline nationwide);

• aligning Article 7(c) of the Methodological Norms with the more generous provisions of GEO No. 34/2013, preferably by removing the limitation that energy facilities must serve the agricultural holding, as required by the former: this would ensure that, under the unfavourable conditions mentioned above, the energy potential of pastures is maximally utilised;

• allowing energy facilities to be placed on pastures beyond December 31, 2026;

• regarding GAEC 1, the Romanian legislator's ability to intervene is much more limited, as this condition reflects a commitment Romania has made at the EU level.

In conclusion, the fundamental principle of balancing alternative opportunities lies with the Romanian legislator. The legislator must choose between, on the one hand, encouraging the development of energy projects on permanent pastures, thus stimulating investment in this sector and enhancing energy security at both national and, EU levels, and on the other hand, moderating this impulse by overlooking certain limitations and ambiguities in the existing legislation.

Undoubtedly, our position supports the former option, for all the reasons discussed and developed throughout this paper. Our thesis is that permanent pastures represent a limited resource, and each pasture should be assigned the most productive use among its various possible applications to prevent waste. It is therefore the legislator’s duty to prevent the emergence of legislative barriers lacking concrete and pragmatic justification.

In conclusion, while the legal framework for harnessing the energy potential of permanent pastures exists and is relatively well-developed, we believe its improvement is necessary to better capitalise on existing energy opportunities and to simplify the decision-making process for pasture holders.

References

• Blaj, V. A., Ene, T. A., Mocanu, V., Mocanu, V., Dragomir, N., Tod, M. A., Research and Development Institute for Grasslands in Brașov, Romania's Pastures – Resources, Strategies for Improvement and Utilization, Brașov, 2021, source: https://www.pajisti-grassland.ro/wpcontent/uploads/2021/12/Pajistile_romaniei_resurse_strategii_de_valorificare. pdf
• Guțiu, S., Recent legislative amendments regarding construction restrictions for RES projects in Romania, Romanian Construction Law Review, no. 7, Bucharest, 2022, source: https://www.ceeol.com/search/article-detail?id=1219023
• Ministry of Agriculture and Rural Development, Agency for Payments and Intervention in Agriculture, Farmer's Guide on Conditionality, 2nd edition, code: DIIACS – svc – SC, Bucharest, 2024, source: https://www.madr.ro/docs/dezvoltare-rurala/agro-mediu/2024/GFconditionalitate-edi%C8%9Bia-II-2024.pdf
• National Institute of Statistics, Press Release No. 15/January 16, 2024: Primary Energy Resources from 1.I. to 30.XI.2023, Bucharest, 2024, source: https://insse.ro/cms/sites/default/files/com_presa/com_pdf/energie11r23_0.pdf
• National Institute of Statistics, Press Release No. 331/December 21, 2023: Agricultural Land Prices in Romania and EU Member States, 2022, Bucharest, 2023, source: https://insse.ro/cms/sites/default/files/com_presa/com_ pdf/pta_22r.pdf
• Roman, I., Porojan, I., Can Renewable Energy Projects Be Built on Pastures?, Arena Construcțiilor, Bucharest, 2021, source: https://arenaconstruct.ro/pot-ficonstruite-proiecte-de-energie-regenerabila-pe-pajisti/

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