Aspecte de noutate privind utilizarea terenurilor agricole în contextul introducerii sistemului dual
New aspects of agricultural land use in the context of the introduction of the dual system

Summary/Abstract: The aim of this study is to describe recent changes in the legislation on the use of agricultural land, namely the introduction of the dual use system for both agricultural production and for the production of electrical energy from renewable sources. Law 262/2022 – supplementing and amending the Land Law 18/1991 and supplementing on the authorization of building works and Law 254/2022 – supplementing and amending the Land Law 18/1991 and other legal acts modified the legal provisions on the use of class III, IV and V agricultural land used as arable land, pasture land, vineyard or orchard, as well as on the use of land having benefited from land improvement, located in the open countryside and with an area of up to 50 ha to the effect that, subject to a building permit and an authorization to permanently or temporarily set aside the respective plot of land, it may be used under a dual system for both agricultural production and for the generation of electrical energy from renewable sources, by setting up appropriate investment objectives on such land. Such investments are also possible, based on an exemption, for class I and II agricultural land. An analysis of the legal provisions shows that in order to set up such investment objectives for the production of electrical energy from renewable sources a decision of the director of the County Department for Agriculture to temporarily/permanently set aside the concerned land is required, as well as a building permit issued by the competent authority. The procedure for the setting out of agricultural land used as arable land, vineyard and orchard under annex 1 to the Order of the Minister of Agriculture and Rural Development 83/2018 approving the Procedure for permanently or temporarily setting aside land outside localities and the Procedure on the reimbursement of fees paid to the Land Improvement Fund was amended by order 299/2022 of MARD. The procedure for setting aside agricultural land used as pasture is provided under Government Emergency Order 34/2013 on the organization, management and exploitation of permanent grassland and amending and supplementing Land Law 18/1991. In order to be granted a building permit for works to set up investment objectives specific to the production of electricity from renewable sources, the investment beneficiary must have a right in rem over the land, that is a property right, a right to manage, a concession right, a right of use, usufruct, superficies or servitude. We believe that in the case of agricultural land used as arable land, orchard or vineyard and pertaining to the public or private domain of administrative territorial units concession contracts can be entered according to the provisions of Government Emergency Order 57/2019 on the Administrative Code. In what concerns agricultural land used as pastureland and pertaining to the public or private domain of administrative territorial units the question is how the dual use system can be actually implemented according to art. 92 paragraph (42) corroborated with paragraph. (2) j) of Law 18/1991, republished, as introduced by Law 254/2022, given that the organization, management and exploitation of permanent grassland are regulated by Government Emergency Order 34/2013.

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