Earnings Release • Aug 25, 2023
Earnings Release
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The main results are presented below and are extracted from the Simplified Consolidated Interim Financial Statements as at and for the six-month period ended 30 June 2023 prepared in accordance with Order of Ministry of Public Finance 2844/2016:
| Financial Results – in RON mn.* | H1 2023 |
H1 2022 |
Δ | Δ % | Q2 2023 |
Q2 2022 |
Δ | Δ % |
|---|---|---|---|---|---|---|---|---|
| Operating income, out of which | 6739 | 5933 | 806 | 14% | 3206 | 2675 | 531 | 20% |
| Income from subsidies | 1802 | 1211 | 591 | 49% | 815 | 579 | 236 | 41% |
| Income from the production of intangible assets ** |
56 | 0 | 56 | - | 35 | 0 | 35 | - |
| Operating expense | (6460) | (6080) | (380) | 6% | (2921) | (2647) | (273) | 9% |
| (Loss)/Operating profit | 279 | (147) | 426 | - | 286 | 28 | 258 | 921% |
| EBITDA | 636 | 101 | 535 | 530% | 466 | 152 | 314 | 207% |
| Newt profit/(loss) | 106 | (176) | 282 | - | 173 | (18) | 191 | - |
*Amounts are rounded to the nearest whole value
**Income from the production of intangible assets representing the capitalization of additional costs with the purchase of electricity. The first capitalized asset for the additional costs of purchasing electricity for the NL coverage was registered on 30.09.2022 for the period January-September 2022 according to OMFP 3900/2022 so in Q1 2022 we have no comparative value. Source: Electrica
" The financial results achieved by Electrica Group in H1, including an increase in EBITDA to RON 636 million and a net profit of RON 106 million, not only highlight the company's resilient strategy but also the undeniable dedication of our team in implementing efficient solutions in a volatile market environment, with a deep focus on transitioning to green energy.
Our people are at the heart of this transition, serving as the source of innovation and adaptation. In a fluctuating economic and legislative environment, we are strengthening our position as a stable and resilient entity, always ready to adapt to the challenges of an evolving market.
By reinforcing our financial foundation and optimizing operational efficiency in all our business domains, we aim to strengthen and expand our portfolio focused on renewable energies. I express my deepest gratitude to each member of the team, our customers, investors, and partners, whose contributions have been essential in defining and shaping the direction we are pursuing.".
In the first half of 2023, EBITDA at the level of the Electrica Group registered an increase of RON 535 mn., reaching a value of RON 636 mn., compared to a value of RON 101 mn. achieved in H1 2022.
The impact was mainly generated by the operational performance of the distribution segment, due to: increase in income from energy, generated by the increase in the distribution tariffs by an average of 20% (26.1% MN area; 21.5% TN area and 10.9% TS area), compared to the first six months of 2022, a positive effect reduced by the decrease in the volumes of electricity distributed by approx. 8% (in line with the decrease in national consumption); decrease in the costs incurred with the purchasing of electricity for covering network losses, due to the implementation of the centralized purchase mechanism MACEE, as well as the ongoing concern to keep operational costs under control.
*MACEE = According to the Emergency Ordinance no. 153/2022, during 1 January 2023- 31 March 2025, the centralised electricity purchasing mechanism is established, with OPCOM as the single buyer. The distribution system operators will buy from OPCOM through an annual/monthly mechanism a minimum of 75% of the quantity forecast and validated by ANRE at a price of 450

On the distribution segment, we mention, related to the assets capitalization, the following: the first capitalized asset for the additional costs of purchasing electricity for the NL coverage was registered on 30 September 2022 for the period January-September 2022 according to OMFP 3900/2022 and began to be amortized from the fourth quarter of 2022, the second capitalized asset was registered on 31 December 2022 for the period October-December 2022 and began to be amortized from the first quarter of 2023, and the third capitalized asset was recorded on 30 June 2023 for the period April-June 2023 and will began to be amortized from 01 July 2023, while the recovery through increased tariffs of the electricity price difference for covering NL costs only started on 01 April 2023. Moreover, the capitalized assets for the difference of NL established in 2023 are worth RON 56 mn., as opposed to those established in 2022 worth RON 989 mn., a favorable effect of the implementation of MACEE on the distribution segment.
Due to the implementation of MACEE, the estimation for 2023 is that the capitalized will be significantly lower than those in 2022.
On the supply segment, following the adoption of Ord. no. 30 of 10 August 2023, the Ministry of Finance is authorized to fund the account provided for in the GEO no. 27/2022 regarding some of the measures applicable to final customers in on the electricity and natural gas market between 1 April 2022 and 31 March 2023, as well as for amending and supplementing certain normative acts in the field of energy, approved with amendments and completions by Law no. 206/2022, with the corresponding amounts of the solidarity contribution collected in 2023, within 3 working days from the date of entry into force of the Oordinance. According to this, the Group expects an increase in the recovery rate of subsidies.
The balance of subsidies to be received, as of 30 June 2023, is estimated at RON 2,299.9 mn., of which RON 497.9 mn. is the amount not yet collected for the year 2022, applications submitted and validated by ANRE, not collected, in the amount of RON 1,253.4 mn (Ministry of Energy: RON 361.4 mn and ANPIS: RON 891.9 mn.) and RON 548.5 mn. from applications not yet submitted to the state authorities until 30 June 2023.
Not collecting subsidies on time generated a significant additional borrowing requirement for the company, which generated exceptional financial costs, affecting profitability.
million, compared to the same period last year. The impact was generated by the increase in CAPEX achieved in H1 2023 vs H1 2022.
The documents related to the H1 2023 results are available on Electrica's website at the following link: https://www.electrica.ro/investitori/rezultate-si-raportari/rezultate-financiare/situatiile-financiare-pentru-s1- 2023/, as well as in the pdf file attached below.
We remind you that Electrica's management is organising on 30 August 2023, 16:00 (Romanian time), a web conference for analysts and investors: Presentation of Electrica Group H1 2023 Financial Results. The web conference can be accessed online under the following link: https://87399.themediaframe.eu/links/electrica230830.html.
Societatea Energetica Electrica S.A. Str. Grigore Alexandrescu nr.9, sector 1 010621, București Tel: 0212085999 CIF: RO 13267221, J40/7425/2000 Capital social: 3.464.435.970 RON www.electrica.ro

Electrica Investor Relations
E-mail: [email protected] ; +40731796111
CFO Stefan Frangulea

Condensed Consolidated Interim Financial Statements
as at and for the six month period ended
30 June 2023
prepared in accordance with
OMFP no. 2844/2016
PREPARED IN ACCORDANCE WITH OMFP no. 2844/2016
| Condensed consolidated statement of financial position | ||
|---|---|---|
| Condensed consolidated statement of profit or loss | 3 | |
| Condensed consolidated statement of comprehensive income | 5 | |
| Condensed consolidated statement of changes in equity | 7 | |
| Condensed consolidated statement of cash flows | 9 | |
| Notes to the condensed consolidated interim financial statements | ||
| 1. | Reporting entity and general information | 11 |
| 2. | Basis of accounting | 15 |
| 3. | Basis of measurement | 17 |
| 4. | Significant accounting policies | 17 |
| 5. | Operating segments | 18 |
| 6. | Revenue | 21 |
| 7. | Other income | 21 |
| 8. | Electricity and natural gas purchased | 21 |
| 9. | Earnings per share | 22 |
| 10. | Income tax | 22 |
| 11. | Trade receivables | 24 |
| 12. | Cash and cash equivalents | 25 |
| 13. | Other payables | 25 |
| 14. | Long-term bank borrowings | 26 |
| 15. | Overdrafts | 29 |
| 16. | Provisions | 29 |
| 17. | Financial instruments - fair values | 29 |
| 18. | Related parties | 30 |
| 19. | Contingencies | 32 |
| 20. | Subsequent events | 33 |
AS AT 30 June 2023
(All amounts are in THOUSAND RON, if not otherwise stated)
| Note | 30 June 2023 (reviewed) |
31 December 2022 (audited) |
|
|---|---|---|---|
| ASSETS | |||
| Non-current assets | |||
| Intangible assets related to concession arrangements | 5,886,915 | 5,675,866 | |
| Intangible assets from the capitalization of own technological | 908,096 | 951,557 | |
| consumption Other intangible assets |
12,819 | 12,854 | |
| Goodwill | 13,763 | 12,040 | |
| Property, plant and equipment | 500,046 | 499,390 | |
| Investments in associates | 22,970 | 18,824 | |
| Other investments | 7,000 | 7,000 | |
| Deferred tax assets | 10 | 24,173 | 30,180 |
| Right of use assets | 50,382 | 52,152 | |
| Other non-current assets | 51,604 | 2,393 | |
| Total non-current assets | 7,477,768 | 7,262,256 | |
| Current assets | |||
| Trade receivables | 11 | 2,569,538 | 2,466,002 |
| Subsidies receivable | 7 | 2,299,886 | 1,280,788 |
| Other receivables | 75,029 | 127,253 | |
| Cash and cash equivalents | 12 | 147,227 | 334,887 |
| Inventories | 94,316 | 113,972 | |
| Prepayments | 20,720 | 13,874 | |
| Current income tax assets | - | 24,000 | |
| Assets held for sale | 280 | 280 | |
| Total current assets | 5,206,996 | 4,361,056 | |
| Total assets | 12,684,764 | 11,623,312 | |
| EQUITY AND LIABILITIES | |||
| Equity | |||
| Share capital | 3,464,436 | 3,464,436 | |
| Share premium | 103,049 | 103,049 | |
| Treasury shares reserve | (75,372) | (75,372) | |
| Pre-paid capital contributions in kind from shareholders | 7 | 7 | |
| Revaluation reserve | 88,217 | 92,117 | |
| Legal reserves | 433,933 | 429,583 | |
| Retained earnings Total equity attributable to the owners of the |
1,414,388 | 1,353,942 | |
| Company | 5,428,658 | 5,367,762 | |
| Non-controlling interests | (466) | (516) | |
| Total equity | 5,428,192 | 5,367,246 |
(Continued on page 2)
AS AT 30 June 2023
(All amounts are in THOUSAND RON, if not otherwise stated)
| Note | 30 June 2023 (reviewed) |
31 December 2022 (audited) |
|
|---|---|---|---|
| Liabilities | |||
| Non-current liabilities | |||
| Long-term bank borrowings | 14 | 758,911 | 647,193 |
| Lease liabilities | 34,678 | 34,462 | |
| Deferred tax liabilities | 220,773 | 212,555 | |
| Employee benefits | 133,189 | 117,269 | |
| Other payables | 13 | 70,026 | 72,432 |
| Total non-current liabilities | 1,217,577 | 1,083,911 | |
| Current liabilities | |||
| Current portion of long-term bank borrowings | 14 | 408,594 | 113,520 |
| Current portion of lease liabilities | 17,291 | 19,211 | |
| Bank overdrafts | 15 | 2,765,501 | 2,571,037 |
| Trade payables | 1,365,114 | 1,407,097 | |
| Other payables | 13 | 1,313,445 | 867,536 |
| Deferred revenue | 10,009 | 24,750 | |
| Employee benefits | 105,549 | 114,174 | |
| Provisions | 16 | 44,371 | 53,701 |
| Current tax liabilities | 9,121 | 1,129 | |
| Total current liabilities | 6,038,995 | 5,172,155 | |
| Total liabilities | 7,256,572 | 6,256,066 | |
| Total equity and liabilities | 12,684,764 | 11,623,312 |
The accompanying notes are an integral part of these condensed consolidated interim financial statements.
Chief Executive Officer Chief Financial Officer Alexandru – Aurelian Chirita Stefan Alexandru Frangulea
AS AT 30 June 2023
(All amounts are in THOUSAND RON, if not otherwise stated)
| Six month period ended | |||
|---|---|---|---|
| Note | 30 June 2023 (reviewed) |
30 June 2022 (reviewed) |
|
| Revenue | 6 | 4,807,488 | 4,628,791 |
| Other income | 7 | 1,874,765 | 1,304,330 |
| Capitalised costs of intangible non-current assets |
56,257 | - | |
| Electricity and natural gas purchased | 8 | (4,941,399) | (4,937,596) |
| Construction costs related to concession agreements |
(423,934) | (228,770) | |
| Employee benefits | (451,525) | (389,448) | |
| Repairs, maintenance and materials | (49,798) | (36,079) | |
| Depreciation and amortization | (357,160) | (248,212) | |
| Impairment for trade and other receivables, net | (24,251) | (50,036) | |
| Other operating expenses | (211,641) | (189,929) | |
| Operating profit/loss | 278,802 | (146,949) | |
| Finance income | 11,380 | 2,298 | |
| Finance costs | (152,959) | (59,765) | |
| Net finance cost | (141,579) | (57,467) | |
| Share of results of associates | (32) | (8) | |
| Profit/Loss before tax | 137,191 | (204,424) | |
| Income tax expense | 10 | (31,554) | 28,926 |
| Net profit/loss | 105,637 | (175,498) | |
| Net profit/loss attributable to: | |||
| owners of the Company - |
105,766 | (175,480) | |
| non-controlling interests - |
(129) | (18) | |
| Net profit/loss | 105,637 | (175,498) | |
| Earnings per share | |||
| Basic and diluted earnings per share (RON) | 9 | 0.31 | (0.52) |
The accompanying notes are an integral part of these condensed consolidated interim financial statements.
Chief Executive Officer Chief Financial Officer
Alexandru – Aurelian Chirita Stefan Alexandru Frangulea
AS AT 30 June 2023
(All amounts are in THOUSAND RON, if not otherwise stated)
| Three month period ended | ||||
|---|---|---|---|---|
| 30 June 2023 (unaudited and not reviewed) |
30 June 2022 (unaudited and not reviewed) |
|||
| Revenue | 2,312,504 | 2,049,746 | ||
| Other income | 858,247 | 625,333 | ||
| Capitalised costs of intangible non-current assets | 35,175 | - | ||
| Electricity and natural gas purchased | (2,098,922) | (2,065,065) | ||
| Construction costs related to concession agreements |
(252,641) | (120,509) | ||
| Employee benefits | (244,682) | (201,898) | ||
| Repairs, maintenance and materials | (19,235) | (10,556) | ||
| Depreciation and amortization | (180,759) | (124,163) | ||
| Impairment for trade and other receivables, net | (15,649) | (30,335) | ||
| Other operating expenses | (108,624) | (94,771) | ||
| Operating profit | 285,414 | 27,782 | ||
| Finance income | 4,847 | 1,867 | ||
| Finance costs | (81,987) | (41,624) | ||
| Net finance cost | (77,140) | (39,757) | ||
| Share of results of associates | (30) | (3) | ||
| Profit/(Loss) before tax | 208,244 | (11,978) | ||
| Income tax benefit/(expense) | (35,960) | (5,733) | ||
| Net profit/(loss) | 172,284 | (17,711) | ||
| Net profit/(Loss) attributable to: | ||||
| owners of the Company - |
172,372 | (17,693) | ||
| non-controlling interests - |
(88) | (18) | ||
| Net profit/(loss) | 172,284 | (17,711) | ||
| Earnings/ (Loss) per share | ||||
| Basic and diluted earnings/ (loss) per share (RON) | 0.50 | (0.05) |
The accompanying notes are an integral part of these condensed consolidated interim financial statements.
Chief Executive Officer Chief Financial Officer
Alexandru – Aurelian Chirita Stefan Alexandru Frangulea
CONDENSED CONSOLIDATED STATEMENT OF COMPREHENSIVE INCOME
FOR THE SIX MONTH PERIOD ENDED 30 June 2023 (All amounts are in THOUSAND RON, if not otherwise stated)
| Six month period ended | ||||
|---|---|---|---|---|
| 30 June 2023 (reviewed) |
30 June 2022 (reviewed) |
|||
| Net profit/loss | 105,637 | (175,498) | ||
| Other comprehensive income | ||||
| Items that will not be reclassified to profit or loss | ||||
| Re-measurements of the defined benefit liability | (5,798) | 9,877 | ||
| Tax related to re-measurements of the defined benefit liability | 927 | (1,550) | ||
| Other comprehensive income/(loss), net of tax | (4,871) | 8,327 | ||
| Total comprehensive income/(loss) | 100,766 | (167,171) | ||
| Total comprehensive income/(loss) attributable to: | ||||
| owners of the Company - |
100,895 | (167,153) | ||
| non-controlling interests - |
(129) | (18.0) | ||
| Total comprehensive income/(loss) | 100,766 | (167,171) |
The accompanying notes are an integral part of these condensed consolidated interim financial statements.
Chief Executive Officer Chief Financial Officer
Alexandru – Aurelian Chirita Stefan Alexandru Frangulea
CONDENSED CONSOLIDATED STATEMENT OF COMPREHENSIVE INCOME
FOR THE SIX MONTH PERIOD ENDED 30 June 2023 (All amounts are in THOUSAND RON, if not otherwise stated)
| Three month period ended | ||||
|---|---|---|---|---|
| 30 June 2022 (unaudited and not reviewed) |
30 June 2022 (unaudited and not reviewed) |
|||
| Net profit/(loss) | 172,284 | (17,711) | ||
| Other comprehensive income | ||||
| Items that will not be reclassified to profit or loss | ||||
| Re-measurements of the defined benefit liability | (5,798) | 9,877 | ||
| Tax related to re-measurements of the defined benefit liability | 927 | (1,550) | ||
| Other comprehensive income/(loss), net of tax | (4,871) | 8,327 | ||
| Total comprehensive income/(loss) | 167,413 | (9,384) | ||
| Total comprehensive income/(loss) attributable to: | ||||
| owners of the Company - |
167,501 | (9,366) | ||
| non-controlling interests - |
(88) | (18) | ||
| Total comprehensive income/(loss) | 167,413 | (9,384) |
The accompanying notes are an integral part of these condensed consolidated interim financial statements.
Chief Executive Officer Chief Financial Officer
Alexandru – Aurelian Chirita Stefan Alexandru Frangulea
FOR THE SIX MONTH PERIOD ENDED 30 JUNE 2023
(All amounts are in THOUSAND RON, if not otherwise stated)
| Attributable to the owners of the Company | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Share capital |
Share premium |
Treasury shares reserve |
Capital contributions in kind from shareholders |
Revaluation reserve |
Legal reserves |
Retained earnings |
Total | Non controlling interests |
Total equity |
|
| Balance at 1 January 2023 (audited) |
3,464,436 | 103,049 | (75,372) | 7 | 92,117 | 429,583 | 1,353,942 | 5,367,762 | (516) | 5,367,246 |
| Comprehensive income (reviewed) Profit for the period (reviewed) Other comprehensive income |
- | - | - | - | - | - | 105,766 (4,871) |
105,766 (4,871) |
(129) - |
105,637 (4,871) |
| Total comprehensive profit (reviewed) |
- | - | - | - | - | - | 100,895 | 100,895 | (129) | 100,766 |
| Transactions with owners of the Company (reviewed) Contributions and distributions Dividends to the owners of the Company |
- | - | - | - | - | - | (39,999) | (39,999) | - | (39,999) |
| Changes in ownership interests (reviewed) |
- | - | - | - | - | - | - | - | 179 | 179 |
| Total changes in ownership interests (reviewed) |
- | - | - | - | - | - | - | - | 179 | 179 |
| Total transactions with the owners of the Company (reviewed) |
- | - | - | - | - | - | (39,999) | (39,999) | 179 | (39,820) |
| Other changes in equity (reviewed) |
||||||||||
| Set up of legal reserves | - | - | - | - | - | 4,350 | (4,350) | - | - | - |
| Transfer of revaluation reserve to retained earnings due to depreciation and disposals of property, plant and equipment |
- | - | - | - | (3,900) | - | 3,900 | - | - | - |
| Balance at 30 June 2023 (reviewed) |
3,464,436 | 103,049 | (75,372) | 7 | 88,217 | 433,933 | 1,414,388 | 5,428,658 | (466) | 5,428,192 |
(Continued on page 8)
FOR THE SIX MONTH PERIOD ENDED 30 JUNE 2023
(All amounts are in THOUSAND RON, if not otherwise stated)
| Attributable to the owners of the Company | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Share capital |
Share premium |
Treasury shares reserve |
Capital contributions in kind from shareholders |
Revaluation reserve |
Legal reserves |
Retained earnings |
Total | Non controlling interests |
Total equity |
|
| Balance at 1 January 2022 (audited) |
3,464,436 | 103,049 | (75,372) | 7 | 102,829 | 408,405 | 950,228 | 4,953,582 | - | 4,953,582 |
| Comprehensive income (reviewed) Loss for the period (reviewed) Other comprehensive income |
- - |
- - |
- - |
- - |
- - |
- - |
(175,480) 8,327 |
(175,480) 8,327 |
(18) - |
(175,498) 8,327 |
| Total comprehensive loss (reviewed) |
- | - | - | - | - | - | (167,153) | (167,153) | (18) | (167,171) |
| Transactions with owners of the Company (reviewed) Contributions and distributions |
||||||||||
| Dividends to the owners of the Company |
- | - | - | - | - | - | (152,799) | (152,799) | - | (152,799) |
| Total transactions with the owners of the Company (reviewed) |
- | - | - | - | - | - | (152,799) | (152,799) | - | (152,799) |
| Other changes in equity (reviewed) |
||||||||||
| Transfer of revaluation reserve to retained earnings due to depreciation and disposals of property, plant and equipment |
- | - | - | - | (5,546) | - | 5,546 | - | - | - |
| Acquisition of subsidiary with non controlling interests |
- | - | - | - | - | - | - | - | (406) | (406) |
| Balance at 30 June 2022 (reviewed) |
3,464,436 | 103,049 | (75,372) | 7 | 97,283 | 408,405 | 635,822 | 4,633,630 | (424) | 4,633,206 |
The accompanying notes are an integral part of these condensed consolidated interim financial statements.
Chief Executive Officer Chief Financial Officer
Alexandru – Aurelian Chirita Stefan Alexandru Frangulea
CONDENSED CONSOLIDATED STATEMENT OF CASH FLOWS
FOR THE SIX MONTH PERIOD ENDED 30 JUNE2023
(All amounts are in THOUSAND RON, if not otherwise stated)
| Six month period ended | |||||
|---|---|---|---|---|---|
| Note | 30 June 2023 (reviewed) |
30 June 2022 (reviewed) |
|||
| Cash flows from operating activities | |||||
| Profit | 105,637 | (175,498) | |||
| Adjustments for: | |||||
| Depreciation | 8,884 | 9,933 | |||
| Amortisation | 348,300 | 238,279 | |||
| Capitalised costs of intangible non-current assets | 7 | (56,257) | - | ||
| Loss/ (Gain) on disposal of property, plant and equipment |
- | (466) | |||
| Impairment of trade and other receivables, net | 11 | 24,251 | 50,036 | ||
| Adjustments for assets held for sale, net | - | 79 | |||
| Changes in employee benefits obligations | - | 1,673 | |||
| Change in provisions, net | 16 | (9,330) | 2,117 | ||
| Net finance cost | 141,579 | 57,467 | |||
| Income tax expense | 10 | 31,554 | (28,926) | ||
| Share of loss of associates | 32 | 8 | |||
| 594,650 | 154,702 | ||||
| Changes in: | |||||
| Trade receivables | (222,123) | (655,244) | |||
| Subsidies receivable | 7 | (1,019,098) | (1,132,076) | ||
| Other receivables | 1,466 | 17,201 | |||
| Prepayments | (6,846) | (9,882) | |||
| Inventories | 19,656 | (12,342) | |||
| Trade payables | (16,488) | 68,103 | |||
| Other payables | 433,812 | 215,466 | |||
| Employee benefits | 2,424 | (23,031) | |||
| Deferred revenue | (14,741) | 9,728 | |||
| Cash used in operating activities | (227,288) | (1,367,375) | |||
| Interest paid | (131,154) | (50,350) | |||
| Income tax paid | (1,417) | - | |||
| Net cash used in operating activities | (359,859) | (1,417,725) |
(Continued on page 10)
CONDENSED CONSOLIDATED STATEMENT OF CASH FLOWS
FOR THE SIX MONTH PERIOD ENDED 30 JUNE2023
(All amounts are in THOUSAND RON, if not otherwise stated)
| Six month period ended | ||||
|---|---|---|---|---|
| Note | 30 June 2023 (reviewed) |
30 June 2022 (reviewed) |
||
| Cash flows from investing activities | ||||
| Payments for purchase of property, plant and equipment |
(932) | (4,948) | ||
| Payments for network construction related to concession agreements |
(376,811) | (261,383) | ||
| Payments for purchase of other intangible assets | (2,967) | (1,890) | ||
| Proceeds from sale of property, plant and equipment |
- | 2,454 | ||
| Interest received | 1,097 | 443 | ||
| Payments for acquisition of subsidiaries, net of cash acquired |
(6,105) | (3,006) | ||
| Net cash used in investing activities | (385,718) | (268,330) | ||
| Cash flows from financing activities | ||||
| Proceeds from long term bank borrowings | 14 | 450,890 | 113,451 | |
| Proceeds from overdrafts | 15 | 188,122 | 1,737,525 | |
| Repayment of long-term bank loans | 14 | (46,457) | (46,461) | |
| Payment of lease liabilities | (14,591) | (9,630) | ||
| Dividends paid | (20,047) | (152,291) | ||
| Net cash generated from financing activities | 557,917 | 1,642,594 | ||
| Net decrease in cash and cash equivalents Cash and cash equivalents at 1 January |
(187,660) 334,887 |
(43,461) (405,572) |
||
| Cash and cash equivalents at 30 June | 12 | 147,227 | (449,033) |
The accompanying notes are an integral part of these condensed consolidated interim financial statements.
The non-cash transactions are disclosed in Note 12.
Alexandru – Aurelian Chirita Stefan Alexandru Frangulea
These financial statements are the condensed consolidated interim financial statements of Societatea Energetica Electrica S.A. ("the Company" or "Electrica SA") and its subsidiaries (together "the Group") as at and for the six month period ended 30 June 2023.
The registered office of the Company is 9 Grigore Alexandrescu Street, District 1, Bucharest, Romania. The Company has sole registration code 13267221 and Trade Register registration number J40/7425/2000.
As at 30 June 2023 and 31 December 2022, the major shareholder of Societatea Energetica Electrica S.A. is the Romanian State, represented by the Ministry of Energy with an ownership share of 48.79% from the share capital.
The Company's shares are listed on the Bucharest Stock Exchange and the global depository receipts ("GDRs") are listed on the London Stock Exchange (LSE). The shares traded on the London Stock Exchange are the global depositary receipts, one global depositary receipt representing four shares. The Bank of New York Mellon is the depositary bank for these securities.
| Subsidiary | Activity | Sole registration code |
Head Office |
% shareholding as at 30 June 2023 |
% shareholding as at 31 December 2022 |
|---|---|---|---|---|---|
| Distributie Energie Electrica Romania S.A. ("DEER") |
Electricity distribution in geographical areas Transilvania Nord, Transilvania Sud and Muntenia Nord |
14476722 | Cluj Napoca |
99.99999929% | 99.99999929% |
| Electrica Furnizare S.A. ("EFSA") | Electricity and natural gas supply |
28909028 | Bucuresti | 99.9998444099934% | 99.9998444099934% |
| Electrica Serv S.A. ("SERV") | Services in the energy sector (maintenance, repairs, construction) |
17329505 | Bucuresti | 99.99998095% | 99.99998095% |
| Electrica Producție Energie S.A ("EPE") |
Electricity generation | 44854129 | Bucuresti | 99.9920% | 99.9920% |
| Electrica Energie Verde 1 S.R.L.* ("EEV1" – former Long Bridge Milenium S.R.L.) |
Electricity generation | 19157481 | Bucuresti | 100%* | 100%* |
| Sunwind Energy S.R.L. | Electricity generation | 42910478 | Bucuresti | 100% | 60% |
| New Trend Energy S.R.L. | Electricity generation | 42921590 | Constanta | 60% | 60% |
| Green Energy Consultancy & Investments S.R.L. |
Electricity generation | 29172101 | Bucuresti | 100% | 75% |
As at 30 June 2023 and 31 December 2022, the Company's subsidiaries are the following:
As at 30 June 2023 and 31 December 2022, the Company's associates are the following:
*indirect shareholding -
Electrica Energie Verde 1 S.R.L.
| Associate | Activity | Sole registration code |
Head Office |
% shareholding as at 30 June 2023 |
% shareholding as at 31 December 2022 |
|---|---|---|---|---|---|
| Crucea Power Park S.R.L. | Electricity generation | 25242042 | Constanta | 40% | 30% |
| Foton Power Energy S.R.L. | Electricity generation | 43652555 | Constanta | 30% | 30% |
is 100% owned by Electrica Productie Energie
S.A. subsidiary.
The project company Green Energy Consultancy & Investments S.R.L, having as main object of activity the production of energy from photovoltaic sources, was acquired 100% on 6 February 2023, until 31 December 2022 was acquired 75% (please see Note 1). Green Energy Consultancy & Investments S.R.L. develops the photovoltaic project "Vulturu", with a designed installed capacity of 12 MWp DC (peak power at the panels level) and 9.75 MW AC (authorised power for delivery into the grid), located near Vulturu locality, Vrancea county. The project is in the "ready-to-build" phase.
On 24 March 2023, Electrica completed the acquisition of Sunwind Energy, which has as its main activity production of energy from photovoltaic sources. Until 31 December 2022 the project was acquired 60% (please see Note 1). The company develops the photovoltaic project "Satu Mare 2", with an installed capacity of 27 MW. The project is in the "ready-to-build" phase and is located in the vicinity of Botiz commune, Satu Mare county.
On 15 mai 2023, the Group acquired an additional 10% of the shares and voting interests in Crucea Power Park S.R.L.. As a result, the Group's equity interest increased from 30% to 40%.
The activities of the Group include operation and construction of electricity distribution networks and electricity and natural gas supply to final consumer, as well as energy production from renewable sources. The Group is the electricity distribution operator and the main electricity supplier in Muntenia Nord area (Prahova, Buzau, Dambovita, Braila, Galati and Vrancea counties), Transilvania Nord area (Cluj, Maramures, Satu Mare, Salaj, Bihor and Bistrita Nasaud counties) and Transilvania Sud area (Brasov, Alba, Sibiu, Mures, Harghita and Covasna counties), operating with transformation station and 0.4 kV to 110 kV power lines.
The distribution tariffs approved by the National Authority for Energy Regulation ("ANRE") are as follows (RON/MWh, presented cumulatively for medium and low voltage levels):
| Order 119/25.11.2021 | |||
|---|---|---|---|
| 1 January 2022 -31 March 2022 | |||
| High voltage | Medium voltage | Low voltage | |
| Transilvania Nord area | 21.79 | 48.13 | 122.78 |
| Transilvania Sud area | 22.34 | 45.49 | 127.04 |
| Muntenia Nord area | 21.02 | 43.54 | 140.68 |
| Order 28/23.03.2022 | |||
| 1 April 2022 – 31 March 2023 | |||
| High voltage | Medium voltage | Low voltage | ||
|---|---|---|---|---|
| Transilvania Nord area | 23.77 | 57.49 | 144.73 | |
| Transilvania Sud area | 24.63 | 54.52 | 158.84 | |
| Muntenia Nord area | 23.35 | 56.70 | 175.26 | |
AS AT AND FOR THE SIX MONTH PERIOD ENDED 30 JUNE 2023
(All amounts are in THOUSAND RON, if not otherwise stated)
| Order 27/29.03.2023 Starting 1 April 2023 |
|||
|---|---|---|---|
| High voltage | Medium voltage | Low voltage | |
| Transilvania Nord area | 29.09 | 71.38 | 182.24 |
| Transilvania Sud area | 28.48 | 62.32 | 171.97 |
| Muntenia Nord area | 31.23 | 69.44 | 229.96 |
In 2022, according to the Government's emergency ordinance (GEO) no. 119/2022, the additional costs for purchased electricity (determined as the difference between the realized costs and the costs included in the approved distribution tariffs), made between 1 January 2022 and 31 August 2023, in order to cover the NL, compared to the costs included in the tariffs regulated (and not only borrowings), are capitalized quarterly and remunerated with 50% of the regulated rate of return (RRR) approved by ANRE, applicable during the amortization period of the respective costs and are recognized as a distinctive component in the regulated tariffs, called the component related to additional costs with NL. Also, ANRE elaborated the Methodological norms regarding the recognition in the tariffs of the additional costs with the acquisition of electricity for covering the network losses compared to the costs included in the regulated tariffs, the purpose of these norms is to establish the substantiation of additional costs with the purchase of electricity to cover the NL, as well as the conditions for their recognition in the regulated income, based on which the distribution tariffs are established.
According to the Government's Emergency Ordinance ("GEO") no. 153/2022 during the period 1 January 2023 – 31 March 2025 is established the centralized electricity purchasing mechanism (MACEE), OPCOM being designated the sole purchaser. The distribution operators ("OD") will buy from OPCOM through an annual/monthly mechanism at least 75% of the quantity forecasted and validated by National Authority for Energy Regulation ("ANRE") at the price of 450 RON/MWh, and the producers will sell to OPCOM through annual/monthly mechanism 80% of the quantity forecasted and validated by ANRE and Transelectrica at the price of 450 RON/MWh.
Annually, ANRE makes revenue corrections due to: change in the quantities of electricity distributed compared to the forecast; change in quantities and acquisition price for the regulated own technological consumption compared to the forecast; the annual change in controllable operating and maintenance costs, realized and accepted against the forecast; annual change in uncontrollable operating and maintenance costs compared to the forecast; changes in revenues from reactive energy compared to the forecast; failure to meet/exceeding the approved investments programme; revenues generated from other operations made by the distribution operator and the quantity of electricity recovered from recalculations.
The regulator establishes through the regulated income and tariffs for the following year taking into account the justified corrections presented above, which are added algebraically to the income for the following year. The group does not recognize assets and liabilities resulting from regulation in relation to these deficits or surpluses, as the differences are recovered or returned through the annual tariff changes, except the capitalised costs with own technological consumption. The difference between the purchase price of electricity for own technological consumption versus the exante purchase price recognized by ANRE in the related regulated tariffs 2022 related to the purchase of electricity and natural gas, made between 1 January 2022 and 31 August 2023, in order to cover the own technological consumption (NL) for economic operators for energy transport and distribution services are capitalised. These are recognized as a distinctive component in the regulated tariffs, named component related to additional network losses costs.
Starting with 1 November 2021, in the context of the increase in prices for the electricity and natural gas markets at international and national level, the energy crisis, as well as the effects caused by these increases among the population, in Romania, a series of support measures for electricity and natural gas customers have been applied, by establishing compensation and capping schemes between 1 November 2021 and 31 March 2025.
(All amounts are in THOUSAND RON, if not otherwise stated)
Over 2023, several changes have been brought to the legislation, having a significant impact on the supply of electricity, as follows:
The regulatory framework on the electricity segment has undergone significant changes in the last decade, regarding the total liberalization of the electricity and natural gas market, the implementation of the support scheme for renewable energy, the support of electricity consumers, the limitation of prices to final consumers and the capitalization of additional costs with own technological consumption.
In the period 1 January 2023 - 31 March 2025, the centralized electricity purchase mechanism (MACEE) is established. The mechanism provides - OPCOM, as sole acquirer, buys electricity from producers (electricity producers with an installed power equal to or greater than 10 MW) and sells the purchased electricity to electricity suppliers that have contracts with final customers, the electricity transportation system operator and electricity distribution system operators to cover the own technological consumption; the price paid by OPCOM to electricity producers, for the quantities of electricity sold by them is 450 RON/MWh and the sale price of OPCOM to the economic operators is also 450 RON/MWh (OPCOM has the right to charge market participants tariffs/commissions at the level of costs recorded by organizing the centralized electricity purchase mechanism). In order to carry out the transactions, OPCOM shall organize an annual procurement procedure as well as an additional procurement procedure each month for the quantities of electricity to be delivered in the following month; annual and monthly electricity quantities are firm obligations of electricity producers and economic operators and are evenly distributed across all settlement intervals each month (contracts are concluded by signing, within maximum 3 working days).
As a result, for the distribution segment, Romanian Regulatory Authority for Energy – ANRE (https://www.anre.ro/) adopted measures through its Order no. 129/12.10.2022 approving the Methodological Norms regarding the recognition in the tariffs of the additional costs with the acquisition of electricity for own technological consumption compared to the costs included in the regulated tariffs, carried out between 1 January 2022 – 31 August 2023.
This change in energy sector has generated a new reporting requirement for an accounting treatment in place to cover own technological consumption and it was updated in the OMFP 2844/2016 i.e. it now allows the capitalization of such
additional costs related to own technological consumption ("CPT") as intangible asset which has to be depreciated linearly over next 5 years.
According to OUG 119/2022 and ANRE regulations, the capitalised costs of intangible non-current assets are recorded in the accounting records and therefore on the annual financial statements according to OMFP 2844/2016 with the instructions developed by the Ministry of Finance. ANRE will determine the recognized annual amounts of the capitalized costs based on the quantities and prices recognized for NL, and by 15 March of the year immediately following the year of capitalization of the additional costs, ANRE will transmit to the distribution operators the recognized annual amounts of the capitalized costs for the previous year. The computation of the capitalized amounts is carried out in compliance with the legislation specific to the entities that are the subject of GEO 119/2022, with subsequent additions and changes.
The changes brought by OUG 119/2022 are changes the recuperation of the additional NL by splitting it in current operating expenses ("OPEX") and capitalised costs ("CAPEX"), there is a portion of unit costs recuperated at cost at 450 RON/MWh (recognition of ex-ante tariffs) and for the difference above this level of price of 450 RON/MWh up to the effective average price established by ANRE, there is a linear depreciation over 5 years stipulated with return at 50% of Regulated Rate of Return (RRR).
For the supply segment, starting with 1 November 2021, following the increase in the price of energy and natural gas on the international and national markets, the energy crisis, as well as the effects caused by these increases among the population, in Romania, a series of support schemes were applied to electricity and gas consumers, by establishing compensation and capping schemes between November 1, 2021 and March 31, 2025.
In 2023, the electricity market is totally liberalized for all categories of customers and the price is set by suppliers through free market mechanisms, both for universal services offers and for the offers related to the competitive market, in compliance with the legal provisions on capping established for the period 1 November 2021 – 31 March 2025.
The Group actively reviews and implements policies and strategies to recover from the loss generated by the increase in energy price, strategies which mainly aim in revising the method of generating the selling price for final consumers, concluding agreements with specific clauses ensuring new financing facilities, closely monitoring suppliers and consumers payment terms, monitoring daily cash flow and forecasted cash flow. The Group continues to closely monitor the macroeconomic outlook and as additional information will be available, their effects on the activity of Group companies and over the financial results will be analyzed.
In February 2022 global geopolitical tensions significantly escalated following military interventions in Ukraine by the Russian Federation. As a result of these escalations, economic uncertainties in energy and capital markets have increased, with global energy prices expected to be highly volatile for the foreseeable future. As at the date of these interim financial statements, management is unable to reliably estimate the effects on the Groups financial outlook and cannot exclude adverse consequence on the business, operations, and financial position. Management believes it is taking all the necessary measures to support the sustainability and growth of the Group's business in the current circumstances and that judgements used in these financial statements remain appropriate.
These condensed consolidated interim financial statements ("interim financial statements") have been prepared in accordance with OMFP no. 2844/2016. They do not include all the information required for a complete set of financial statements prepared in accordance with OMFP no. 2844/2016 and these should be read together with the annual consolidated financial statements as at and for the year ended 31 December 2022. However, selected explanatory notes are included to explain events and transactions that are significant to an understanding of the changes in the Group's financial position and performance since the last annual consolidated financial statements as at and for the year ended 31 December 2022.
These condensed consolidated interim financial statements are not in compliance with IFRS-EU.
(All amounts are in THOUSAND RON, if not otherwise stated)
Starting with the consolidated financial statements as at and for the year ended 31 December 2022 the Group's financial statements prepared in accordance with the Order of Ministry of Public Finances 2844/2016 included the capitalization of the additional costs with the purchase of electricity made between 1 January 2022 and 31 August 2023, in order to cover the own technological consumption (NL) for economic operators for energy transport and distribution services. The condensed interim consolidated financial statements as at and for the 6 months period ended June 30, 2023 also includes the effect of the capitalization of the additional costs with the purchase of electricity.
The Group has consistently applied the accounting policies to all periods presented in these consolidated financial statements.
These condensed consolidated interim financial statements were authorized for issue by the Board of Directors on 24 August 2023.
The consolidated condensed interim financial statements have been prepared on the going concern basis. In making this judgement management considers current trading performance and access to finance resources. The Group has prepared a forecast that includes the following assumptions:
At the date of issuance of these consolidated interim financial statements the regulatory position may be further amended and there may be further laws enacted which could adversely impact the Groups operating cash flows during the forecast period. Given the current market uncertainties, the Group is closely monitoring the market context and is continuously analysing the opportunities for optimisation of debt and increase of bank overdrafts and long-term loans. In light of the importance of the Group as the supplier and distributed of electricity on the Romanian market, having 39.7 % (according to the latest ANRE report 2022 for the distribution segment) as market share on the electricity distribution and 17.96 % (according to the latest ANRE report 2022 for the supply segment) as market share on the electricity supply market and having as main shareholder of Electrica SA the Romanian State, the management believes sufficient financing will be made available to cover any financing requirements arising from market uncertainty and Group will be able to meet its obligations as they fall due.
Based upon the above projections and other information, given the measures already implemented and the strategies to reduce the risks which may occur due to the instability of the economic environment, the Board of Directors has, at the time of approving the consolidated financial statements, a reasonable expectation that the Group has adequate resources to continue in operational existence for the foreseeable future. Thus they continue to adopt the going concern basis of accounting in preparing the consolidated financial statements.
In preparing these interim financial statements, management has made professional judgements, estimates and assumptions that affect the application of Group's accounting policies and the reported amounts of assets, liabilities, income and expenses. Actual results may differ from these estimates.
The concessionaires act as service suppliers (they build, modernize and maintain the distribution network). This results in revenues and expenditures being recognized in the profit and loss account (related to the construction and modernization of infrastructure), as well as of a margin resulting from rendering the construction services establised by the Group. As of 30 June 2023, the Group reassesed the margin applied and a margin of 4.35% is applied, based on the Group's experience in working with external contractors. Until 31 December 2022, the margin applied was 3%, as presented in the annual consolidated financial statements as at and for the year ended 31 December 2022.
Except the above, the other significant professional judgements made by management in applying the Group's accounting policies and the key sources of estimation uncertainty were the same as those that applied to the annual consolidated financial statements as at and for the year ended 31 December 2022.
The condensed consolidated interim financial statements have been prepared on the historical cost basis except for land and buildings which are measured based on the revaluation model.
The accounting policies applied in these interim financial statements are the same as those applied in the Group's annual consolidated financial statements as at and for the year ended 31 December 2022.
The new amendments to existing standards that are effective starting with 1 January 2023 do not have a significant impact over the Group's condensed consolidated interim financial statements.
The following summary describes the operations of each reportable segment:
| Reportable segments | Operations |
|---|---|
| Electricity and natural gas supply | Supplying electricity and natural gas to final consumers (includes Electrica |
| Furnizare S.A.). | |
| Electricity distribution | Operation, maintenance and construction of electricity networks operated by the |
| Group (includes Distributie Energie Electrica Romania S.A. and the activity | |
| performed by Electrica Serv S.A within the distribution network). | |
| Electricity generation | Production of electricity from renewable sources (includes Electrica Energie Verde |
| 1 S.R.L., Electrica Productie Energie S.A., Sunwind Energy S.R.L., New Trend | |
| Energy S.R.L. and Green Energy Consultancy & Investments S.R.L.). | |
| External electricity network maintenance |
Repairs, maintenance and other services for electricity networks owned by other |
| distributors (Electrica Serv S.A., without the activity performed in the electricity | |
| distribution segment). |
The Board of Directors of the Company reviews management reports of each segment. Segment earnings before interest, tax, depreciation and amortisation ("EBITDA") is used to measure performance because management believes that such information is one of the most relevant in evaluating the results of the segments.
There are varying levels of integration between the Electricity supply, Electricity distribution and External electricity network maintenance segment. This integration includes electricity distribution and shared electricity network maintenance services. Inter-segment pricing policy is determined on an arm's length basis.
All assets are allocated to reportable segments, except for investments in associates and deferred tax assets.
AS AT AND FOR THE SIX MONTH PERIOD ENDED 30 June 2023
(All amounts are in THOUSAND RON, if not otherwise stated)
| Six month period ended 30 June 2023 (reviewed) |
Electricity and natural gas supply |
Electricity distribution |
Electricity generation |
External electricity network maintenance |
Total for reportable segments |
Headquarter | Consolidation eliminations and adjustments |
Consolidated total |
|---|---|---|---|---|---|---|---|---|
| External revenues | 3,666,289 | 1,120,564 | 3,835 | 16,800 | 4,807,488 | - | - | 4,807,488 |
| Inter-segment revenue | 28,654 | 831,851 | 3,061 | 44,945 | 908,511 | - | (908,511) | - |
| Segment revenue | 3,694,943 | 1,952,415 | 6,896 | 61,745 | 5,715,999 | - | (908,511) | 4,807,488 |
| Other income | 1,815,034 | 73,722 | - | 10,001 | 1,898,757 | 618 | (24,610) | 1,874,765 |
| Capitalised costs of intangible non-current assets | - | 56,257 | - | - | 56,257 | - | - | 56,257 |
| Segment profit/(loss) before tax | 48,972 | 81,849 | 1,433 | 992 | 133,246 | 13,359 | (9,414) | 137,191 |
| Net finance (cost)/ income | (75,362) | (104,576) | (2,249) | 6,173 | (176,014) | 34,435 | - | (141,579) |
| Amortization and depreciation | (7,588) | (342,769) | (1,297) | (4,870) | (356,524) | (636) | - | (357,160) |
| Adjusted EBITDA* | 131,922 | 529,194 | 4,979 | (311) | 665,784 | (20,440) | (9,414) | 635,930 |
| (Impairment)/Reversal of impairment of trade and other receivables, net |
(16,208) | (8,010) | - | (34) | (24,252) | 1 | - | (24,251) |
| Segment profit/(loss) after tax | 31,235 | 68,293 | 1,492 | 674 | 101,694 | 13,357 | (9,414) | 105,637 |
| Employee benefits | (49,471) | (372,852) | (134) | (15,103) | (437,560) | (13,965) | - | (451,525) |
| Capital expenditure | 4,837 | 442,375 | - | 37 | 447,249 | 264 | - | 447,513 |
| Six month period ended 30 June 2022 (reviewed) |
Electricity and natural gas supply |
Electricity distribution |
Electricity generation |
External electricity network maintenance |
Total for reportable segments |
Headquarter | Consolidation eliminations and adjustments |
Consolidated total |
|---|---|---|---|---|---|---|---|---|
| External revenues | 3,804,645 | 804,755 | 7,182 | 12,209 | 4,628,791 | - | - | 4,628,791 |
| Inter-segment revenue | 28,096 | 753,376 | 3,458 | 22,228 | 807,158 | - | (807,158) | - |
| Segment revenue | 3,832,741 | 1,558,131 | 10,640 | 34,437 | 5,435,949 | - | (807,158) | 4,628,791 |
| Other income | 1,244,314 | 67,596 | 48 | 7,913 | 1,319,871 | 1,339 | (16,880) | 1,304,330 |
| Segment profit/(loss) before tax | 253,732 | (460,833) | 6,333 | (12,605) | (213,373) | 10,402 | (1,453) | (204,424) |
| Net finance (cost)/ income | (27,512) | (60,940) | (394) | 1,229 | (87,617) | 31,595 | (1,445) | (57,467) |
| Amortization and depreciation | (5,904) | (234,639) | (1,182) | (5,660) | (247,385) | (827) | - | (248,212) |
| Impairment of assets held for sale | - | - | - | (79) | (79) | - | - | (79) |
| Adjusted EBITDA* | 287,148 | (165,254) | 7,909 | (8,095) | 121,708 | (20,366) | (8) | 101,334 |
| (Impairment)/Reversal of impairment of trade and other receivables, net |
(52,106) | 1,945 | - | 118 | (50,043) | 7 | - | (50,036) |
| Segment profit/(loss) after tax | 212,800 | (392,723) | 5,289 | (9,828) | (184,462) | 10,417 | (1,453) | (175,498) |
| Employee benefits | (49,962) | (305,183) | (59) | (19,622) | (374,826) | (14,622) | - | (389,448) |
| Capital expenditure | 2,944 | 236,318 | - | 782 | 240,044 | 1,833 | - | 241,877 |
AS AT AND FOR THE SIX MONTH PERIOD ENDED 30 June 2023
(All amounts are in THOUSAND RON, if not otherwise stated)
| At 30 June 2023 (reviewed) |
Electricity and natural gas supply |
Electricity distribution |
Electricity generation |
External electricity network maintenance |
Total for reportable segments |
Headquarter | Consolidation eliminations and adjustments |
Consolidated total |
|---|---|---|---|---|---|---|---|---|
| Segment assets | 5,154,138 | 9,772,045 | 160,044 | 408,040 | 15,494,267 | 114,493 | (2,923,996) | 12,684,764 |
| Trade and other receivables | 2,668,817 | 1,445,961 | 9,393 | 108,419 | 4,232,590 | 1,165 | (1,589,188) | 2,644,567 |
| Cash and cash equivalents | 53,387 | 79,531 | 7,442 | 2,624 | 142,984 | 4,243 | - | 147,227 |
| Trade and other payables and short term employee benefits |
3,073,933 | 1,218,911 | 9,088 | 47,499 | 4,349,431 | 73,770 | (1,569,067) | 2,854,134 |
| Bank overdrafts | 1,796,466 | 759,746 | - | - | 2,556,212 | 209,289 | - | 2,765,501 |
| Lease liability | 8,250 | 27,738 | 12,356 | 1,583 | 49,927 | 2,042 | - | 51,969 |
| Bank borrowings | - | 1,042,505 | - | - | 1,042,505 | 125,000 | - | 1,167,505 |
| At 31 December 2022 (audited) |
Electricity and natural gas supply |
Electricity distribution |
Electricity generation |
External electricity network maintenance |
Total for reportable segments |
Headquarter | Consolidation eliminations and adjustments |
Consolidated total |
| Segment assets | 4,141,083 | 9,076,633 | 146,743 | 418,940 | 13,783,399 | 213,625 | (2,373,712) | 11,623,312 |
| Trade and other receivables | 2,579,678 | 960,913 | 5,265 | 90,557 | 3,636,413 | 378 | (1,043,536) | 2,593,255 |
| Cash and cash equivalents | 148,919 | 69,826 | 4,889 | 5,623 | 229,257 | 105,630 | - | 334,887 |
| Trade and other payables and short term employee benefits |
2,365,894 | 1,026,377 | 16,101 | 42,313 | 3,450,685 | 44,399 | (1,033,845) | 2,461,239 |
| Bank overdrafts | 1,589,801 | 772,098 | - | - | 2,361,899 | 209,138 | - | 2,571,037 |
*Adjusted EBITDA (Earnings before interest, tax, depreciation and amortisation) for operating segments is defined and calculated as segment profit/(loss) before tax of a given operating segment adjusted for i) depreciation, amortization and impairment/reversal of impairment of property, plant and equipment and intangible assets in the operating segment, ii) adjustments for assets held for sale and iii) net finance income in the operating segment. Moreover, EBITDA is not uniformly defined. The method used to calculate EBITDA by other companies may differ significantly from that used by the Group. As a consequence, the EBITDA presented in this note cannot, as such, be relied upon for the purpose of comparison to EBITDA of other companies.
AS AT AND FOR THE SIX MONTH PERIOD ENDED 30 JUNE 2023 (All amounts are in THOUSAND RON, if not otherwise stated)
| Six month period ended | |||
|---|---|---|---|
| 30 June 2023 (reviewed) |
30 June 2022 (reviewed) |
||
| Electricity distribution and supply | 4,171,179 | 4,184,038 | |
| Supply of natural gas | 115,750 | 164,102 | |
| Construction revenue related to concession agreements | 442,375 | 236,318 | |
| Sale of photovoltaic solutions | 43,908 | 17,179 | |
| Repairs, maintenance and other services rendered | 29,645 | 23,315 | |
| Sale of green certificates | 1,401 | 2,232 | |
| Services related to re-connection fees | 3,124 | 1,607 | |
| Consulting services | 106 | - | |
| Total | 4,807,488 | 4,628,791 |
In respect of timing of revenue recognition, most of the Group's services provided are transferred to the customer over time, only a small part amounting to RON 1,437 thousand (six month period ended 30 June 2022: RON 1,088 thousand) being transferred at a point in time (e.g. metering services provided by the distribution companies, providing periodic data analysis to customers for certain taxes collected on their behalf, sale of merchandise).
| Six month period ended | |||
|---|---|---|---|
| 30 June 2023 (reviewed) |
30 June 2022 (reviewed) |
||
| Subsidies | 1,801,956 | 1,211,300 | |
| Rental income | 45,534 | 46,498 | |
| Late payment penalties from customers | 21,323 | 14,368 | |
| Other | 5,952 | 32,164 | |
| Total | 1,874,765 | 1,304,330 |
During the six month period ended 30 June 2023, Electrica Furnizare S.A. recognized subsidies of RON 1,801,956 thousand (six month period ended 30 June 2022: RON 1,211,300 thousand).
| Six month period ended | |||
|---|---|---|---|
| 30 June 2023 (reviewed) |
30 June 2022 (reviewed) |
||
| Electricity purchased | 4,491,297 | 4,409,233 | |
| Green certificates purchased | 264,942 | 294,465 | |
| Natural gas purchased | 185,160 | 233,898 | |
| Total | 4,941,399 | 4,937,596 |
The supply subsidiary has a legal obligation to purchase green certificates from producers of electricity from renewable sources, based on annual targets or quotas set by law, which are applied to the quantity of electricity supplied to final customers. The cost of green certificates is then invoiced to final customers separately from electricity tariffs and included in the caption "Electricity distribution and supply" as presented in Note 6.
The calculation of basic and diluted earnings per share has been based on the following profit attributable to Company's shareholders and weighted-average number of ordinary shares outstanding:
Profit/(Loss) for the period attributable to the Company's shareholders
| Six month period ended | |||
|---|---|---|---|
| 30 June 2023 (reviewed) |
30 June 2022 (reviewed) |
||
| Profit/(Loss) for the period attributable to the owners of the Company | 105,766 | (175,480) | |
| Profit/(Loss) for the period attributable to Company's shareholders |
105,766 | (175,480) |
Weighted-average number of outstanding ordinary shares (in number of shares)
For the calculation of the basic and diluted earnings per share, treasury shares (6,890,593 shares) were not treated as outstanding ordinary shares and were deducted from the number of issued ordinary shares.
The weighted average number of outstanding ordinary shares (reviewed) as at 30 June 2023 is 339,553,004 (30 June 2022: 339,553,004).
| Earnings per share | Six month period ended | |||
|---|---|---|---|---|
| 30 June 2023 | 30 June 2022 | |||
| (reviewed) | (reviewed) | |||
| Basic and diluted earnings/(loss) per share (RON) | 0.31 | (0.52) |
On 27 April 2023 the General Shareholders Meeting of the Company approved dividend distribution of RON 39,999 thousand (2022: RON 152,799 thousand). The dividend per share distributed is RON 0.1178 per share (2022: RON 0.45 per share).
| Six month period ended | |||
|---|---|---|---|
| 30 June 2023 30 June 2022 (reviewed) (reviewed) |
|||
| Current tax expense | 16,400 | 14 | |
| Deferred tax expense/(benefit) | 15,154 | (28,940) | |
| Total expense/(benefit) related to income tax | 31,554 | (28,926) |
(All amounts are in THOUSAND RON, if not otherwise stated)
| 30 June 2023 (reviewed) |
31 December 2022 (audited) |
||||
|---|---|---|---|---|---|
| Profit/(Loss) before tax | 137,191 | 663,923 | |||
| Tax/(Benefit) using Company's domestic tax rate | 16% | 21,951 | 16% | 106,230 | |
| Non-deductible expenses | 7% | 9,688 | 4% | 28,843 | |
| Non-taxable income | -1% | (939) | -3% | (22,083) | |
| Deduction of legal reserves | -1% | (696) | -1% | (3,388) | |
| Other tax effects | 0% | 42 | 0% | (137) | |
| Recognition of tax effect of previously unrecognised tax losses |
0% | - | -1% | (4,387) | |
| Income tax expense/(benefit) | 22% | 30,045 | 16% | 105,078 |
| Balance at 30 June 2023 | ||||||||
|---|---|---|---|---|---|---|---|---|
| 30 June 2023 | Net balance at 1 January 2023 |
Recognised in profit or loss |
Recognised in other comprehensive income |
Net | Deferred tax assets |
Deferred tax liabilities |
||
| Property, plant and equipment |
36,980 | (213) | - | 36,767 | - | 36,767 | ||
| Intangible assets related to concession agreements |
208,016 | 10,702 | - | 218,717 | - | 218,717 | ||
| Employee benefits | (21,101) | (1,503) | (927) | (23,531) | (23,531) | - | ||
| Impairment of trade receivables |
(30,930) | 6,003 | - | (24,927) | (24,927) | - | ||
| Tax loss carried forward Other items |
(6,068) (4,521) |
(1,308) 1,473 |
- - |
(7,376) (3,048) |
(7,376) (3,048) |
- - |
||
| Tax liabilities/(assets) before set-off |
182,376 | 15,154 | (927) | 196,602 | (58,882) | 255,484 | ||
| Set off of tax | - | - | - | - | 34,709 | (34,709) | ||
| Net tax liabilities/(assets) |
- | - | - | - | (24,173) | 220,775 |
The Group recognised a deferred tax benefit mainly from the recognition of a deferred tax asset in relation to the tax loss of 2022 incurred by Distributie Energie Electrica Romania S.A. subsidiary. The recognition was based on the latest management assumptions and judgements in which the subsidiary will generate future taxable profit in the following 7 years, against which tax losses can be used. The 7-year period is the maximum period over which the companies are allowed to recover tax losses in the current tax jurisdiction (Romania).
AS AT AND FOR THE SIX MONTH PERIOD ENDED 30 JUNE 2023 (All amounts are in THOUSAND RON, if not otherwise stated)
| Balance at 30 June 2022 | |||||||
|---|---|---|---|---|---|---|---|
| 30 June 2022 | Net balance at 1 January 2022 |
Recognised in profit or loss |
Recognised in other comprehensive income |
Net | Deferred tax assets |
Deferred tax liabilities |
|
| Property, plant and equipment |
39,838 | (2,764) | - | 37,074 | - | 37,074 | |
| Intangible assets related to concession agreements |
187,500 | 6,072 | - | 193,572 | - | 193,572 | |
| Employee benefits | (23,940) | 2,462 | 1,550 | (19,928) | (19,928) | - | |
| Impairment of trade receivables |
(24,732) | 1,080 | - | (23,652) | (23,652) | - | |
| Tax loss carried forward Other items |
(95,972) (4,299) |
(37,490) 1,700 |
- - |
(133,462) (2,599) |
(133,462) (2,599) |
- - |
|
| Tax liabilities/(assets) before set-off |
78,395 | (28,940) | 1,550 | 51,005 | (179,641) | 230,646 | |
| Set off of tax | - | - | - | - | 137,188 | (137,188) | |
| Net tax liabilities/(assets) |
- | - | - | - | (42,453) | 93,458 |
| 30 June 2023 (reviewed) |
31 December 2022 (audited) |
|
|---|---|---|
| Trade receivables, gross | 3,234,225 | 3,118,691 |
| Bad debt allowance | (664,687) | (652,689) |
| Total trade receivables, net | 2,569,538 | 2,466,002 |
Receivables from related parties are disclosed in Note 18.
Following the adoption of the Order no. 118/2021 with subsequent amendments and GEO no. 27/2022, the latter one being amended by GEO no. 119/2022, concerning the capping and compensation mechanism, part of the receivables due to the subsidiary Electrica Furnizare S.A. for the sale of electricity and gas are against the Romanian State through National Agency for Payments and Social Inspection and Ministry of Energy.
On 30 June 2023, the amounts estimated to be received from the Ministry of Energy for non-household consumers are 10,178 thousand RON (31 December 2022: 20,480 thousand RON) and 37,141 thousand RON (31 December 2022: 21,043 thousand RON) from the National Agency for Payments and Social Inspection for household consumers.
The receivables are booked under the caption "Electricity distribution and supply".
On 30 June 2023, the amount estimated to be received from the Ministry of Energy for subsidies is 2,299,886 thousand RON (31 December 2022: 1,280,788 thousand RON), out of which 497,930 thousand RON not yet collected and related to 2022. The remaining amount of 1,801,956 thousand RON is related to subsidies from 2023 and is comprised of 1,253,439 thousand RON from uncollected requests which were submitted to the state authorities and 548,517 thousand RON from requests which were not yet submitted to the state authorities until June 30, 2023.
In accordance with the provisions of the enacted laws and regulations related to the recovery of these subsidies, the amounts should be recovered in 40 days after submitting the required documentation to the National Agency for Payments and Social Inspection or Ministry of Energy.
AS AT AND FOR THE SIX MONTH PERIOD ENDED 30 JUNE 2023 (All amounts are in THOUSAND RON, if not otherwise stated)
The reconciliation between the opening balances and the closing balances of the lifetime expected credit losses is as follows:
| Lifetime expected credit losses | Six month period ended | |||
|---|---|---|---|---|
| 30 June 2023 (reviewed) |
30 June 2022 (reviewed) |
|||
| Balance as at 1 January (audited) | 652,689 | 980,858 | ||
| Loss allowance recognized | 52,997 | 62,747 | ||
| Loss allowance reversed | (28,746) | (12,437) | ||
| Amounts written off | (12,253) | (343) | ||
| Balance as at 30 June (reviewed) |
664,687 | 1,030,825 |
The Group has identified 5 clusters of customers based on shared risk characteristics: 3 separate clusters for the distribution subsidiaries and 2 clusters (households and non-households) for the supply subsidiary.
A significant part of the bad debt allowances refers to clients in litigation, insolvency or bankruptcy procedures, many of them being older than five years. The Group will derecognize these receivables together with the related allowances after the finalization of the bankruptcy process.
The Group has considered all the information available without undue costs (including forward looking information) that may affect the credit risk of its receivables since original recognition, thus recording a bad debt allowance in amount of RON 52,997 thousand.
| 30 June 2023 (reviewed) |
31 December 2022 (audited) |
|
|---|---|---|
| Bank current accounts | 126,612 | 141,656 |
| Call deposits | 20,608 | 193,219 |
| Cash in hand | 7 | 12 |
| Total cash and cash equivalents in the condensed consolidated statement of financial position |
147,227 | 334,887 |
The following information is relevant in the context of the consolidated statement of cash flows: non-cash activity includes set-off between trade receivables and trade payables of RON 94,736 thousand in 2023 (2022: RON 53,106 thousand).
| 30 June 2023 (reviewed) |
31 December 2022 (audited) |
|||
|---|---|---|---|---|
| Current | Non current |
Current | Non current |
|
| VAT payable | 899,545 | - | 565,075 | - |
| Liabilities towards the State | 22,434 | - | 11,733 | - |
| Other liabilities | 391,466 | 70,026 | 290,728 | 72,432 |
| Total | 1,313,445 | 70,026 | 867,536 | 72,432 |
Other liabilities include mainly guarantees, connection fees, habitat tax and cogeneration contribution. Other noncurrent liabilities refer to guarantees from customers related to electricity supply.
AS AT AND FOR THE SIX MONTH PERIOD ENDED 30 JUNE 2023 (All amounts are in THOUSAND RON, if not otherwise stated)
Drawings and repayments of borrowings during the six month period ended 30 June 2023 were as follows:
| Currency | Interest rate | Maturity year |
Amount (RON thousand) |
|
|---|---|---|---|---|
| Balance at 1 January 2023 (audited) | 760,713 | |||
| Drawings of borrowings during the period, out of which: |
||||
| Eximbank Romania | RON | ROBOR 3M+1.65% | 2024 | 245,890 |
| BERD | RON | 9.35% | 2028 | 180,000 |
| Vista Bank | RON | ROBOR 3M+2.95% | 2024 | 25,000 |
| Total drawings | 450,890 | |||
| Accumulated interest | 11,483 | |||
| Payment of interest | (9,124) | |||
| Reimbursements, out of which: | 46,457 | |||
| BRD | RON | 3.99% | 2026 | 10,400 |
| BRD | RON | 3.85% | 2028 | 7,143 |
| BRD | RON | 3.85% | 2028 | 5,710 |
| Banca Transilvania | RON | 4.59% | 2027 | 8,929 |
| Unicredit Bank | RON | 3.85% | 2026 | 4,800 |
| BCR | RON | ROBOR 3M+1% | 2028 | 9,475 |
| Balance at 30 June 2023 (reviewed) | 1,167,505 |
As at 30 June 2023 and 31 December 2022, the long-term bank borrowings are as follows:
| Lender | Borrower | Balance at 30 June 2023 (reviewed) |
Balance at 31 December 2022 (audited) |
|---|---|---|---|
| Banca Transilvania | Distributie Energie Electrica Romania (former SDEE Transilvania Sud S.A.) |
71,438 | 80,367 |
| UniCredit Bank | Distributie Energie Electrica Romania (former SDEE Transilvania Nord S.A.) |
33,942 | 38,793 |
| BRD | Distributie Energie Electrica Romania (former SDEE Muntenia Nord S.A.) |
72,800 | 83,200 |
| BRD | Distributie Energie Electrica Romania (former SDEE Transilvania Nord S.A.) |
71,429 | 78,571 |
| BRD | Distributie Energie Electrica Romania (former SDEE Transilvania Sud S.A.) |
57,180 | 62,904 |
| BCR | Distributie Energie Electrica Romania (former SDEE Muntenia Nord S.A.) |
100,127 | 109,785 |
| EBRD | Distributie Energie Electrica Romania | 202,493 | 202,983 |
| EBRD | Distributie Energie Electrica Romania | 183,039 | - |
| Eximbank Romania | Distributie Energie Electrica Romania | 250,057 | 4,110 |
| Vista Bank | Societatea Energetica Electrica S.A. | 125,000 | 100,000 |
| Total, out of which: | 1,167,505 | 760,713 | |
| Current portion of the long-term bank borrowings | (397,111) | (104,400) | |
| Accumulated interest | (11,483) | (9,120) | |
| Long term borrowings | 758,911 | 647,193 |
On 18 July 2019, Societatea de Distributie a Energiei Electrice Transilvania Sud S.A., currently Distributie Energie Electrica Romania S.A., as a borrower, concluded with Banca Transilvania an investment credit agreement with the
(All amounts are in THOUSAND RON, if not otherwise stated)
purpose of financing investments in the electricity distribution network, according to the investment plan. Main provisions are: Maximum loan amount: RON 125,000 thousand; Interest rate: fixed, 4.59% per annum; Reimbursements: quarterly instalments until 30.06.2027; Grace period: 12 months. As at 30 June 2023, the outstanding balance is of RON 71,438 thousand, of which RON 71,429 thousand principal and RON 9 thousand accrued interest (outstanding balance as at 31 December 2022: RON 80,367 thousand)
On 13 November 2019, Societatea de Distributie a Energiei Electrice Transilvania Nord S.A., currently Distributie Energie Electrica Romania S.A., as borrower, concluded with Unicredit Bank an investment credit agreement with the purpose of financing investments in the electricity distribution network, according to the investment plan. Main provisions are: Maximum loan amount: RON 60,000 thousand; Interest rate: fixed, 3.85% per annum; Reimbursements: quarterly instalments until 13.11.2026; Grace period: 12 months. As at 30 June 2023, the outstanding balance is of RON 33,942 thousand, of which RON 33,600 thousand principal and RON 342 thousand accrued interest (outstanding balance as at 31 December 2022: RON 38,793 thousand).
On 29 October 2019, Societatea de Distributie a Energiei Electrice Muntenia Nord S.A., currently Distributie Energie Electrica Romania S.A., as borrower, concluded with BRD – Groupe Societe Generale an investment credit agreement with the purpose of financing investments in the electricity distribution network, according to the investment plan. Main provisions are: Maximum loan amount: RON 130,000 thousand; Interest rate: fixed, 3.99% per annum; Reimbursements: quarterly instalments until 28.10.2026; Grace period: 12 months. As at 30 June 2023, the outstanding balance is of RON 72,800 thousand (outstanding balance as at 31 December 2022: RON 83,200 thousand).
On 25 June 2020, Societatea de Distributie a Energiei Electrice Transilvania Nord S.A., currently Distributie Energie Electrica Romania S.A., as a borrower, concluded with BRD – Groupe Societe Generale an investment credit agreement with the purpose of financing investments in the electricity distribution network, according to the approved investment plan for 2020. Main provisions are: Maximum loan amount: RON 100,000 thousand; Interest rate: fixed, 3.85% per annum; Reimbursements: quarterly instalments until 2028; Grace period: 12 months. As at 30 June 2023, the outstanding balance is of RON 71,429 thousand (outstanding balance as at 31 December 2022: RON 78,751 thousand).
On 25 June 2020, Societatea de Distributie a Energiei Electrice Transilvania Sud S.A., currently Distributie Energie Electrica Romania S.A. as a borrower, concluded with BRD – Groupe Societe Generale an investment credit agreement with the purpose of financing investments in the electricity distribution network, according to the approved investment plan for 2020. Main provisions are: Maximum loan amount: RON 80,000 thousand; Interest rate: fixed, 3.85% per annum; Reimbursements: quarterly instalments until 2028; Grace period: 12 months. As at 30 June 2023, the outstanding balance is RON 57,180 thousand, of which RON 57,143 thousand principal and RON 37 thousand accrued interest (outstanding balance as at 31 December 2022: RON 62,904 thousand).
On 17 September 2020, Societatea de Distributie a Energiei Electrica Muntenia Nord S.A., currently Distributie Energie Electrica Romania S.A., as a borrower and Electrica SA as a guarantor, concluded with Banca Comerciala Romana S.A. an investment credit agreement with the purpose of financing investments in the electricity distribution network, according to the approved investment plan for 2020. Main provisions are: Maximum loan amount: RON 155,000 thousand; Interest rate: ROBOR 3M+1% per annum; Reimbursements: quarterly instalments until 2028; Grace period: 12 months. As at 30 June 2023, the outstanding balance is RON 100,127 thousand, of which RON 99,486 thousand principal and RON 641 thousand accrued interest (outstanding balance as at 31 December 2022: RON 109,785
(All amounts are in THOUSAND RON, if not otherwise stated)
On 2 July 2021, Societatea de Distributie Energie Electrica Romania SA, as a borrower, concluded with the European Bank for Reconstruction and Development a credit agreement for investments in order to finance investments in the electricity distribution network according to the 2021-2023 investment plan. The main provisions are: The maximum value of the loan RON 195,136 thousand; Interest rate: agreed individually for each tranche drawn; Repayments: 17 half-yearly instalments until 31.07.2031; Grace period: 24 months. As at 30 June 2023, the outstanding balance is RON 202,493 thousand, of which RON 195,136 thousand principal and RON 7,358 thousand accrued interest. The loan agreement is guaranteed by Electrica SA.
On 14 July 2021, Societatea de Distributie Energie Electrica Romania SA, as a borrower, concluded with the European Investment Bank an investment credit contract for the purpose of financing investments in the electricity distribution network according to the 2021-2023 investment plan. The main provisions are: Maximum value of the loan: EUR 120,000 thousand; Interest rate and Repayments will be agreed individually for each tranche drawn. On 30 June 2023, the outstanding balance is Nil as no withdraw was made from the loan. The loan agreement is guaranteed by Electrica SA.
On 22 December 2022, Distributie Energie Electrica Romania S.A., as a borrower, concluded with Eximbank Romania a credit agreement for a period of 24 months. The main provisions are: Maximum loan amount: 250,000 thousand RON; Interest rate: ROBOR 3M +1.65 % p.a.; Repayments: 6 equal quarterly instalments; Grace period: 6 months. On 30 June 2023, the outstanding balance is RON 250,057 thousand, of which RON 250,000 thousand principal and RON 57 thousand accrued interest (31 December 2022: 4,110 thousand). The loan benefits from a guarantee in the name and account of the state and is guaranteed by Electrica SA.
On 30 December 2022, Societatea Energetica Electrica S.A., as the borrower, concluded a contract for a line of credit for working capital and for the issuance of Bank Guarantee Letters granted by Vista Bank for a period of 18 months. The main provisions are: Maximum credit amount: 100,000 thousand RON; Interest rate: ROBOR 3M +2.95 % p.a.; full refund at maturity. On 30 June 2023, the balance of the loan is 125,000 thousand RON (31 December 2022: 100,000 thousand).
On 17 March 2023, Societatea de Distributie Energie Electrica Romania SA, as a borrower, concluded with the European Bank for Reconstruction and Development a credit agreement for working capital. The main provisions are: The maximum value of the loan RON 180,000 thousand; Interest rate: agreed individually for each tranche drawn; Repayments: 14 quarterly instalments until 31.01.2028; Grace period: 18 months. As at 30 June 2023, the outstanding balance is RON 183,039 thousand, of which RON 180,000 thousand principal and RON 3,039 thousand accrued interest. The loan agreement is guaranteed by Electrica SA.
The financial covenants specified in the agreements with BRD – Groupe Societe Generale, Unicredit Bank, Banca Comerciala Romana, European Bank for Reconstruction and Development and European Investment Bank have been fulfilled as at 30 June 2023 and 31 December 2022.
(All amounts are in THOUSAND RON, if not otherwise stated)
Until the authorization for issue of these Consolidated Financial Statements by the Board of Directors, the Group has overdrafts from various banks (ING Bank N.V., Raiffeisen Bank, Banca Comerciala Romana, Banca Transilvania, BNP Paribas, Intesa Sanpaolo Bank, BRD – Groupe Societe Generale, Alpha Bank and UniCredit) with a total overdraft limit of up to 2,960,014 RON thousand (Total overdraft limit as at 31 December 2022: RON 2,743,542 thousand).
The overdraft facilities are used for financing activities. The outstanding balance of the overdraft facilities as at 30 June 2023 is of 2,765,499 RON thousand (31 December 2022: RON 2,571,037).
| Lender | Borrower | Balance at 30 June 2023 (reviewed) |
Balance at 31 December 2022 (audited) |
|---|---|---|---|
| ING Bank N.V | Societatea Energetica Electrica S.A. | 209,289 | 209,138 |
| Alpha Bank | Electrica Furnizare S.A. | 136,153 | 147,497 |
| BCR | Electrica Furnizare S.A. | 385,420 | 227,311 |
| BRD | Electrica Furnizare S.A. | 215,982 | 216,570 |
| Banca Transilvania | Electrica Furnizare S.A. | 187,413 | 185,528 |
| ING Bank N.V | Electrica Furnizare S.A. | 170,217 | 169,600 |
| Raiffeisen Bank | Electrica Furnizare S.A. | 369,481 | 343,001 |
| UniCredit Bank | Electrica Furnizare S.A. | 302,216 | 300,294 |
| BNP Paribas | Electrica Furnizare S.A. | 29,584 | - |
| BCR | Distributie Energie Electrica Romania S.A | 195,564 | 208,412 |
| Banca Transilvania | Distributie Energie Electrica Romania S.A | 159,447 | 158,965 |
| ING Bank N.V | Distributie Energie Electrica Romania S.A | 49,830 | 49,855 |
| Intesa San Paolo | Distributie Energie Electrica Romania S.A | 135,575 | 135,096 |
| Raiffeisen Bank | Distributie Energie Electrica Romania S.A | 219,332 | 219,770 |
| Total | 2,765,501 | 2,571,037 |
As at 30 June 2023 and 31 December 2022, the overdrafts are as follows:
| Fiscal | Others | Total provisions | |
|---|---|---|---|
| Balance at 1 January 2023 (audited) | 1,084 | 52,617 | 53,701 |
| Provisions recognised | - | 2,355 | 2,355 |
| Provisions used | - | (229) | (229) |
| Provisions reversed | - | (11,456) | (11,456) |
| Balance at 30 June 20223 (reviewed) |
1,084 | 43,287 | 44,371 |
As at 30 June 2023 provisions mainly refer to benefits upon the termination of executive directors' mandate contracts in the form of a non-compete clause of RON 701 thousand (31 December 2022: 1,839 RON thousand) and for various claims and litigations involving the Group companies with a total amount of RON 43,670 thousand (31 December 2022: 51,862 RON thousand).
Financial assets are measured at amortised cost because they are held within a business model to collect contractual cash flows and these cash flows consist solely of payments of principal and interest on the principal amount outstanding.
(All amounts are in THOUSAND RON, if not otherwise stated)
The Group assessed that the carrying amount is a reasonable approximation of the fair value for the financial assets and financial liabilities.
The fair value measurements are categorised into different levels in the fair value hierarchy based on the inputs to valuation techniques used. The different levels are defined as follows:
As at 30 June 2023 and 31 December 2023, the major shareholder of Societatea Energetica Electrica S.A. is the Romanian State, represented by the Ministry of Energy with a share of ownership of 48.79% from the share capital.
| Six month period ended | |||
|---|---|---|---|
| 30 June 2023 | 30 June 2022 | ||
| (reviewed) | (reviewed) | ||
| Executive management compensation | 20,426 | 18,257 |
Executive management compensation refers to both the managers with mandate contract and those with labour contract, from both the subsidiaries and Electrica SA. This also includes the benefits in the event of the termination of mandate contracts for executive directors.
Compensations granted to the members of the Board of Directors were as follows:
| Six month period ended | |||
|---|---|---|---|
| 30 June 2023 | 30 June 2022 | ||
| (reviewed) | (reviewed) | ||
| Members of the Board of Directors | 2,368 | 1,879 |
The Group has transactions with companies in which the State has control or significant influence in the ordinary course of business, related mainly to the acquisition of electricity and gas, transport and system services and sale of electricity. Significant purchases and balances are mainly with electricity and gas producers/suppliers, as follows:
AS AT AND FOR THE SIX MONTH PERIOD ENDED 30 JUNE 2023 (All amounts are in THOUSAND RON, if not otherwise stated)
| Purchases (excluding VAT) | Balance (including VAT) | |||
|---|---|---|---|---|
| Supplier | Six month period ended 30 June 2023 (reviewed) |
Six month period ended 30 June 2022 (reviewed) |
30 June 2023 (reviewed) |
31 December 2022 (audited) |
| OPCOM | 1,443,372 | 1,208,099 | 93,275 | 23,981 |
| Transelectrica | 293,917 | 485,402 | 81,519 | 185,856 |
| Nuclearelectrica | 449,050 | 331,473 | 93,171 | 93,013 |
| Complexul Energetic Oltenia | 548,564 | 211,004 | 132,694 | 45,257 |
| Hidroelectrica OMV Petrom SA |
44,497 - |
287,156 - |
34 - |
42,493 26,349 |
| Electrocentrale Bucuresti | - | 181,919 | - | - |
| ANRE | 16,704 | 10,295 | 8,323 | 14 |
| Transgaz | 3,438 | 4,094 | 439 | 986 |
| SNGN Romgaz SA | 23,011 | 52,686 | 11,356 | 7,445 |
| Others | 3,680 | 3,477 | 1,035 | 1,168 |
| Total | 2,826,233 | 2,775,605 | 421,846 | 426,562 |
The Group also makes sales to other entities in which the State has control or significant influence representing electricity supply, of which the most significant transactions are the following:
| Sales (excluding VAT) | Balance, gross (including VAT) |
Allowance | Balance, net | |
|---|---|---|---|---|
| Client | Six month period ended 30 June 2023 (reviewed) |
30 June 2023 (reviewed) |
||
| OPCOM | 15,730 | 164 | - | 164 |
| Transelectrica | 75,932 | 7,991 | - | 7,991 |
| SNGN Romgaz | 20,209 | (105) | 9 | (114) |
| CN Romarm | 11,139 | 1,090 | - | 1,090 |
| Hidroelectrica | 133,681 | 29,796 | - | 29,796 |
| CFR Electrificare | 8,086 | 4,142 | - | 4,142 |
| CN Remin SA | - | 71,358 | 71,216 | 142 |
| Transgaz | 805 | 32 | - | 32 |
| CET Braila | (3) | 3,361 | 3,361 | - |
| Termoelectrica | - | 1,206 | 1,206 | - |
| Oltchim | - | 115,426 | 115,426 | - |
| C.N.C.A.F. MINVEST SA | - | 26,802 | 26,802 | - |
| National Agency for Payments and Social Inspection |
- | 37,141 | - | 37,141 |
| Ministry of Energy (*) | 1,801,956 | 2,310,064 | - | 2,310,064 |
| Others | 180,794 | 46,861 | 484 | 46,377 |
| Total | 2,248,329 | 2,655,329 | 218,504 | 2,436,825 |
(*) During the six month period ended 30 June 2023, Electrica Furnizare S.A. recognized subsidies in amount of RON 1,801,956 thousand, to be received from the Ministry of Energy, following the application of the capping price mechanism for the electricity and natural gas according to the legislation in force.
AS AT AND FOR THE SIX MONTH PERIOD ENDED 30 JUNE 2023 (All amounts are in THOUSAND RON, if not otherwise stated)
| Sales (excluding VAT) | Balance, gross (including VAT) |
Allowance | Balance, net | |
|---|---|---|---|---|
| Client | Six month period ended 30 June 2022 (reviewed) |
31 December 2022 (reviewed) |
||
| OPCOM | 155,939 | 22,630 | - | 22,630 |
| Transelectrica | 87,884 | 112,754 | - | 112,754 |
| Hidroelectrica | 37,837 | 16,429 | - | 16,429 |
| CN Romarm | 11,064 | 648 | 0 | 648 |
| SNGN Romgaz | 20,644 | 2,253 | 9 | 2,245 |
| Transgaz | 7,953 | 764 | 0 | 764 |
| CFR Electrificare | 5,083 | 2,089 | - | 2,089 |
| CN Remin SA | 718 | 71,279 | 71,148 | 132 |
| Oltchim | - | 115,943 | 115,943 | - |
| C.N.C.A.F. MINVEST SA | - | 26,802 | 26,802 | - |
| CET Braila | - | 3,365 | 3,361 | 3 |
| Termoelectrica | - | 1,206 | 1,206 | - |
| National Agency for Payments | 21,043 | - | 21,043 | |
| and Social Inspection | - | |||
| Ministry of Energy (*) | 1,211,300 | 1,301,268 | - | 1,301,268 |
| Others | 21,051 | 11,277 | 522 | 10,754 |
| Total | 1,559,473 | 1,709,750 | 218,991 | 1,490,759 |
Tax audits are frequent in Romania, consisting of detailed verifications of the accounting records of taxpayers. Such audits sometimes take place after months, even years, from the date liabilities are established. Consequently, companies may be found liable for significant taxes and fines. Moreover, tax legislation is subject to frequent changes and the authorities demonstrate inconsistency in interpretation of the law.
Income tax returns may be subject to revision and corrections by tax authorities, generally for a five year period after they are completed.
The Group may incur expenses related to previous years' tax adjustments because of controls and litigations with tax authorities. The management of the Group believes that adequate provisions and liabilities were recorded in the consolidated financial statements for all significant tax obligations; however, a risk persists that the tax authorities might have different positions.
The former SDEE Muntenia Nord S.A. subsidiary (currently Distributie Energie Electrica Romania S.A.) was subject to a tax audit performed by the Local Taxes Department of Galati City Hall that referred to the taxes on buildings paid for the period 2012-2016. The tax audit was finalized in December 2019, when the fiscal inspection report was communicated to the subsidiary. The fiscal report established additional payment obligations for the subsidiary representing building tax for the period 01.01.2012-31.12.2015 in the total amount of RON 24,831 thousand, of which principal in amount of RON 12,051 thousand and related late-payment penalties computed as of October 2019, in amount of RON 12,780 thousand. The amount of late charges was recalculated to RON 13,021 thousand between the tax inspection report date and principal debt payment date. Litigious actions were started in order to challenge the tax inspection report, next court term being on 31.01.2024.
The Group recognised an expense of RON 12,051 thousand during the year ended 31 December 2019. At the same time, for the late penalties in the amount of RON 13,021 thousand, a letter of bank guarantee was established in the amount of RON 13,021 thousand valid until 12 February 2024, in order to mitigate the associated risks.
The Group is involved in a series of litigations and claims (eg. with ANRE, ANAF, Court of Accounts, claims for damages, claims over land titles, labour related litigations etc.).
As summarised in Note 16, the Group made provisions for the litigations or claims for which the management assessed as probable the outflow of resources embodying economic benefits due to low chances of favourable outcomes of those litigations or disputes. The Group does not discloses information in the financial statements and did not made provisions for litigations and claims for which management assessed a remote possibility of outflow of economic benefits.
If applicable, the Group discloses information on the most significant amounts subject to litigations or claims for which the Group did not make provisions as they relate to possible obligations that arise from past events whose existence will be confirmed only by the occurrence or non-occurrence of uncertain future events not wholly within the control of the Group (ie. litigations for which different inconsistent sentences were issued by the courts, or litigations which are in early stages and no preliminary ruling was issued so far).
Following the adoption of Ord. no. 30 of 10 August 2023, the Ministry of Finance is authorized to fund the account provided for in the GEO no. 27/2022 regarding some of the measures applicable to final customers in the electricity and natural gas market between 1 April 2022 and 31 March 2023, as well as for amending and supplementing certain normative acts in the field of energy, approved with amendments and completions by Law no. 206/2022, with the corresponding amounts of the solidarity contribution collected in 2023, within 3 working days from the date of entry into force of the ordinance. According to this, the Group expects an increase in the recovery rate of subsidies.
On 01 August 2023, the Group acquired an additional 30% of the shares and voting interests in Foton Power Enery S.R.L.. As a result, the Group's equity interest increased from 30% to 60%, thus, Foton Power Energy S.R.L. becoming a subsidiary of Electrica Group.
Chief Executive Officer Chief Financial Officer Alexandru – Aurelian Chirita Stefan Alexandru Frangulea
Deloitte Audit S.R.L. Clădirea The Mark Tower Calea Griviței nr. 82-98 Sector 1, 010735 București, România
Tel: +40 21 222 16 61 Fax: +40 21 222 16 60 www.deloitte.ro
To the shareholders, Societatea Energetica Electrica S.A.
On behalf of: Deloitte Audit S.R.L.
Răzvan Ungureanu
For signature, please refer to the original signed Romanian version.
Bucharest, Romania August 25, 2023


(based on the individual and consolidated financial statements prepared in accordance with the Order of the Ministry of Public Finance no. 2844/2016 for the approval of the Accounting Regulations in accordance with International Financial Reporting Standards)
REGARDING THE ECONOMIC AND FINANCIAL ACTIVITY OF SOCIETATEA ENERGETICA ELECTRICA S.A.
in compliance with art. 67 of the Law no. 24/2017 on issuers of financial instruments and market operations and with annex no. 14 to ASF Regulation no. 5/2018 and the Bucharest Stock Exchange Code
for the six months period ended 30 June 2023
Free translation from the Romanian version of the report, which will prevail in the event of any discrepancies with the English version.
| 1. | Identification Details Of The Issuer 4 |
|---|---|
| 2. | Highlights 5 |
| 2.1. | Key Events during the period January – June 2023 (H1 2023)5 |
| 2.2. | Subsequent events 15 |
| 2.3. | Summary of financial indicators 22 |
| 2.4. | Risks and uncertainties 23 |
| 3. | Organizational Structure 26 |
| 3.1. | Group Structure 26 |
| 3.2. | The main elements of the Strategic Plan for the period 2019 – 2023 28 |
| 3.3. | Key information by segments 31 |
| 4. | Shareholders' Structure 36 |
| 5. | Operational Results 38 |
| 6. | Financial position 46 |
| 7. | Statement of cash flows 50 |
| 8. | Outlook 53 |
| 9. | Capital Expenditures 59 |
| 10. | Statements 60 |
| 11. | Appendix 61 |
| 11.1. | Appendix 1 - Economic and financial indicators of Electrica Group as of 30 June 2023 according to Annex 14/ASF Regulation no. 5/2018 61 |
| 11.2. | Appendix 2 - Applicable legal framework - issued in 2023 62 |
| 11.3. | Details of the main investments of Electrica Group during the first semester of 2023 76 |
| 11.4. | Litigations 80 |
| 11.5. | Appendix 3 – Table list 98 |
| 11.6. | Appendix 4 – Figures list 98 |
| Glossary 99 |
Report date: 24 August 2023
Company name: Societatea Energetica Electrica S.A.
Headquarters: no. 9 Grigore Alexandrescu Street, 1st District, Bucharest, Romania
Phone/fax no: 004-021-2085999/ 004-021-2085998
Sole Registration Code: 13267221
Trade Registry registration number: J40/7425/2000
LEI Code (Legal Entity Identifier): 213800P4SUNUM5AUDX61
Subscribed and paid in share capital: RON 3,464,435,970
Main characteristic of issued shares: 346,443,597 ordinary shares of 10 RON nominal value, out of which 6,890,593 treasury shares and 339,553,004 shares issued in dematerialized form and freely transferable, nominative, tradable and fully paid.
Regulated market where the issued securities are traded: the Company's shares are listed on the Bucharest Stock Exchange (ticker: EL), and the Global Depositary Receipts (ticker: ELSA) are listed on the London Stock Exchange.
Applicable accounting standards: Order of the Ministry of Public Finance no. 2844/2016 for the approval of the Accounting Regulations in accordance with International Financial Reporting Standards
Reporting period: 2023 Half-year (period 1 January – 30 June 2023)
Audit/Review: The condensed consolidated interim financial statements as of and for the six months period ended 30 June 2023 are reviewed by an independent financial auditor.
Ordinary Shares GDR ISIN ROELECACNOR5 US83367Y2072 Bloomberg Symbol 0QVZ ELSA: LI Currency RON USD Nominal Value RON 10 - Stock Market Bucharest Stock Exchange REGS London Stock Exchange MAIN MARKET Ticker EL ELSA
Table 1. Company details
Source: Electrica
The Group's core business segments are the distribution of electricity to users, the supply of electricity to household and non-household consumers, the segment of services related to the external distribution networks as well as the segment regarding the production of electricity from renewable sources.
Electrica's distribution segment operates through its subsidiary Distributie Energie Electrica Romania ("DEER") and it is geographically limited to 18 counties from the hystorical regions Muntenia and Transylvania. The Group holds exclusive distribution licenses for these regions, which are valid until 2027, and may be extended for another 25 years.
The electricity and natural gas supply segment operates through Electrica Furnizare ("EFSA") subsidiary, and the main activity is the supply of electricity to final customers, on the universal service segment and as supplier of last resort, as well as a competitive supplier, all over Romania.
The Group holds an electricity supply license covering the entire territory of Romania, which was renewed in 2021 for a period of 10 years. In order to extend the economic activities of Electrica Furnizare S.A. (EFSA) in Hungary, the electricity trading license was granted by the Hungarian Energy and Public Utilities Regulatory Authority (MEKH) for Electrica Furnizare, by Decision no. H879/2022. Also, the Group holds a natural gas supply license valid until 2032.
Within the external electricity network maintenance segment, SERV provides maintenance, repair and various services to group companies (car rental, rental of buildings etc.) as well as repairs, maintenance and other energy related services to third parties.
The Group entered on the segment of electricity production, from renewable sources, starting with 2020 through the purchase of a photovoltaic park with an installed capacity of 7.5 MW (operating capacity limited to 6.8 MW), and in the last 12 months of acquired five projects of electricity production parks from renewable sources (four photovoltaics - with an installed capacity of 175.5 MW and a wind farm with an installed capacity of 121 MW, with an attached electricity storage capacity of 60 MWh). In the first quarter of 2023, the Group completed the acquisition of two photovoltaic projects, with an installed capacity of 12 MWp DC (peak power at the level of the panels) and 9.75 MW AC (evacuating power in the network) and respectively with an installed capacity of 27,055 MW. On 15 May 2023, the Group acquired an additional 10% of the shares and voting interests in Crucea Power Park S.R.L.. As a result, the Group's equity interest increased from 30% to 40%.
In the consolidated report of the administrators on the date and for the six-months period ending on 30 June 2023, the main events that took place during the six months period of the current financial year (detailed below) are included and their impact on the accounting reporting is included both in the operational results of the Group. Also, significant events subsequent to the reporting date are included in this report.
During the six months period ended 30 June 2023 the following main events took place:
▪ On 27 January 2023, ELSA's Board of Directors decided to establish a new consultative committee within its structure, the Climate Governance and Public Affairs committee.
Mr. Iulian Cristian Bosoanca Member.
On 27 February 2023, ELSA's Board of Directors decided to extend the duration of the mandate of Mr. Alexandru-Aurelian Chirita, as interim CEO, until 30 April 2023 (inclusively).
Also, the OGMS and EGMS rejected some modifications to the remuneration of the directors, the replacement of the long-term remuneration plan for executive managers within the Electrica Group from granting virtual shares (OAVT) to granting free shares, and, implicitly, the program for buyback by the Company of its own shares.
From the total amount of RON 2,299.9 mn., RON 497.9 mn. is not yet collected and related to 2022. The remaining amount of RON 1,801.9 mn. is related to subsidies from 2023 and is comprised of RON 1,253.4 mn. (ME: RON 361.4 mn. and ANPIS: RON 891.9 mn.) from uncollected requests which were submitted to the state authorities and RON 548.5 mn. from requests which were not yet submitted to the state authorities until 30 June 2023.
In accordance with the provisions of the enacted laws and regulations related to the recovery of these subsidies, the amounts should be recovered in 40 days after submitting the required documentation to the National Agency for Payments and Social Inspection or Ministry of Energy.
On 17 February 2023, EFSA signed with ING Bank, SE Electrica SA acting as guarantor, the Additional Act no. 4 to the Loan Agreement no. WB/C/14 dated 18 February 2022, in amount of EUR 34.3 mn. which extends the validity until 16 March 2024.
On 20 February 2023, was signed the Credit Facility Agreement no. 49183, concluded by DEER and Garanti BBVA, SE Electrica SA as guarantor, a non-cash facility for the issuance of bank guarantee in amount of RON 103 mn. and validity until 20 April 2025.
loan until 22 March 2024 with automatic extension for 12 months.
▪ On 07 June 2023 was signed the Additional Act no. 5 to the Loan Agreement no. 240PJ dated 30 June 2020, concluded by DEER and INTESA SANPAOLO, in amount of EUR 27 mn., which extends the validity of overdraft limit until 03 July 2024.
On 02 February 2022, was signed the Loan Agreement no. 11673879, concluded by EFSA and Banca Transilvania, in amount of RON 190 mn., amended by Additional Act no. 1, 2 and 3 with SE Electrica SA as guarantor (corporate guarantee). The value of the guarantee, which is not a real guarantee, is a maximum of RON 209 mn..
On 04 February 2022, was signed the Loan Agreement no. 17/8130/2022, concluded by EFSA and BRD, in amount of RON 220 mn., amended by Additional Act no. 1, 2 and 3 with SE Electrica SA as guarantor (corporate guarantee). The value of the guarantee, which is not a real guarantee, is a maximum of RON 242 mn..
On 30 June 2023, the value of the corporate guarantees (which are not real guarantees), established by ELSA within the credit facilities, is RON 5,290 mn..
▪ On 01 September 2021, the Parent Corporate Guarantee in amount of RON 29 mn., amended on 04 November 2021, was established in favor of EFSA, having as beneficiary ENGIE ROMANIA SA, validity date 31 January 2024.
On 30 June 2023, the value of the Parent Corporate Guarantees (which are not real guarantees), constituted by ELSA in favor of EFSA, is RON 286.7 mn..
Following the appearance in the public space of some information regarding the submittal by Eurototal Comp SRL Bucuresti of an insolvency petition against Electrica's subsidiary, Distributie Energie Electrica Romania SA (DEER), registered on 28 December 2022 under file no. 1221/1285/2022 by the Specialized Courthouse Cluj, Electrica informs its shareholders and investors that DEER was informed about this file registration by Eurototal Comp SRL on 31 December 2022, the date on which the total invoiced balance of RON 1,255 mn. was already fully paid, the debit being thus extinguished and the request of the above-mentioned insolvency claim remaining without object.
On 02 May 2023, Cluj Court of Appeal found Eurototal Comp's recourse to be null, the decision being final.
Societatea Energetica Electrica S.A. (ELSA) filed an annulment appeal against civil decision no. 5599 of 22 November 2022, by which the High Court of Cassation and Justice rejected the appeal declared by ELSA against Sentence no. 707/2019, pronounced by the Bucharest Court of Appeal in file no. 3889/2/2018.
The annulment appeal was registered under no. 1100/1/2023 of the High Court of Cassation and Justice, the
case being in preliminary proceedings.
The file no. 3889/2/2018 has as object the annulment of the Competition Council Decision no. 77/20.12.2017, and in the alternative, the reduction of the fine established for ELSA up to the minimum legal level of 0.5% of ELSA's turnover, by re-individualizing the alleged anti-competitive act, with the retention and full capitalization of all mitigating circumstances applicable to ELSA. By the Decision of the Competition Council no. 77/20.12.2017 was found the breaching of the provisions of art. 5 par. (1) of the Competition Law no. 21/1996 and art. 101 par. (1) TFEU by several companies which have sold meters and related measuring equipment for electricity in Romania, in the procedures for the award of supply contracts in the period from 27 November 2008 to 30 September 2015 and by Electrica, as a facilitator, in the period from 24 November 2010 to 30 September 2015. The sanction applied to Electrica consists in a fine amounting to RON 10,800,984.04 (paid by ELSA), representing 2.98% of the total turnover achieved in the financial year 2016. In determining the amount of the fine, it was taken into account that (i) Electrica cooperated fully and effectively with the Public Competition Council during the investigation procedure, outside the scope of the leniency policy and beyond the legal duty to cooperate, and (ii) it is for the very first time when the authority retains the role of facilitator for a company organizing public procurement procedures. On the merits of the case that was the subject of file 3889/2/2018, by Sentence no. 707/25.02.2019, the Bucharest Court of Appeal rejected the annulment action as unfounded, and the High Court of Cassation and Justice rejected the appeal declared by ELSA against the above sentence.
On 26 April 2023, the High Court of Cassation and Justice settled the appeal filed by Societatea de Distributie a Energiei Electrice Transilvania Sud SA (at present DEER) and Electrica S.A. in the file no. 435/2/2019, by admitting it and sending the case to the same court for re-examining the main action.
The file has as object Societatea de Distributie a Energiei Electrice Transilvania Sud SA (at present DEER) and Electrica`s request for the cancellation of the Order of ANRE President no. 199/2018 regarding the approval of specific tariffs for the electricity distribution service and the price for reactive electricity, for Societatea de Distributie a Energiei Electrice Transilvania Sud - S.A.
The action was rejected by the trial court, Electrica and SDEETS filed an appeal against this decision.
On 16 May 2023, the High Court of Cassation and Justice definitively resolved case no. 7614/2/2018 and dismissed the claim.
The file had as object the cancellation for partial revocation of the Tariff Pricing Methodology for Electricity Distribution Service, approved through the ANRE President Order no. 169/2018, as regards Art. 5 RAB definition, art. 18-19, art. 26, art. 33-34, art. 39, art. 43-44, art. 47-49, art. 54-57, art. 64, art. 67-68, art. 93-94, art. 103, art. 107, art. 126 paragraph 1, art. 129 of the Methodology approved through the Order and issuing a new Order, taking into account the observations submitted by the companies.
The High Court of Cassation and Justice cancelled as unfounded the appeal declared by EFSA against civil decision no. 1492 of 07 October 2022, pronounced by the Bucharest Court of Appeal in file no. 6665/3/2019. The ruling pronounced is final.
We mentioned that the claims requested by EFSA amounted RON 6,232,398.04, representing claims according to the Decision of the Court of Accounts no. 11/2016 and the Inspection Report of the Court of Accounts no. 5799/29Nov2016 and also the legal interest namely: the amount of RON 793,234.07 representing the legal interest calculated from the date when Electrica S.A. collected the sums of money (the total amount of which
is RON 6,232,398.04) until 31 March 2019, the legal interest calculated from 31 March 2019 until the date of execution of an enforceable court decision and the legal interest calculated from the date of the enforceable court decision up to the date of effective payment by Electrica S.A. of the principals debit in the amount of RON 6,232,398.04. By the decision no. 2336 of 1 October 2021, the Bucharest Tribunal rejected as unfounded the request filed by EFSA and by the decision no. 1492 of 7 October 2022, the Bucharest Court of Appeal rejected as unfounded the apppeal filed by EFSA against the decision of the Bucharest Tribunal.
Below are presented the relevant events that took place at the Group level in the period between the closing of H1 2023 and the date of the present report.
During 2023, until 30 June 2023, ELSA published 12 announcements, according to art. 108 of Law no. 24/2017, reporting transactions concluded in this period between EFSA - OPCOM, DEER - EFSA, EFSA - Transelectrica, DEER - OPCOM and DEER - Hidroelectrica, whose cumulated value in the case of each announcement case exceeds the threshold of 5% of ELSA's net assets, calculated on the basis of Electrica's latest available individual financial statements.
Also, on 31 January 2023, Electrica published the Auditor's report regarding the transactions reported in H2 2022 according to Art. 108 Law 24/2017 (R).
After 30 June 2023, Electrica published other 3 current reports according to art. 108 of Law no. 24/2017, reporting transactions concluded in this period between EFSA - OPCOM and DEER - EFSA.
Also, on 11 August 2023, Electrica published the Auditor's report regarding the transactions reported in H1 2023 according to Art. 108 Law 24/2017 (R).
All these announcements and auditor's reports can be found on ELSA's website, at this address: https://www.electrica.ro/en/investors/results-and-reports/current-reports-art-108/.
▪ On 04 August 2023 was signed the Multicredit Facility Agreement no. RQ23079467247483 concluded by EFSA and CEC Bank, in amount of RON 150 mn., with SE Electrica SA as guarantor (corporate guarantee). The value of the guarantee, which is not a real guarantee, is a maximum of RON 150 mn..
On 6 July 2023, Bucharest Court of Appeal partially admitted the claim made by Electrica and partially annulled the Resolution no. 12/27.02.2017 and the Decision no. 12/27.12.2016, issued by the Romanian Court of Accounts, regarding the following deviations from the Decision (respectively to the correlative measures): annulled item 1 (measure II.3) - The hiring of funds in the estimated amount of RON 224,622,940 (without VAT), for the execution of works related to the objective "AMR system necessary for the measurement activity and consumption dispatcher at Electrica SA level", for which the purchased goods, although they were highlighted in the accounting, are not physically found in the patrimony nor were they used for the activities carried out according to the object of activity, being necessary for the performance of the activity of other legal entities (the company's subsidiaries); - annulled item 2 (measure II.4) - The unjustified increase in the expenses with technical assistance services in the estimated amount of RON 2,337,657.50 (without VAT), intended for carrying out the activities of other legal entities (the distribution subsidiaries); - annulled item 3 (measure II.5) - Unjustified increase in operating expenses with the amount of RON 74,667.60 (without VAT), representing maintenance services for the equipment located in the communications infrastructure of the subsidiaries, which are separate legal entities; - annulled item 4 (measure II.6) – Unjustified increase in operating expenses with services in the estimated amount of RON 273,500 (without VAT), for which proof of their provision for the exclusive needs of the company was not provided, respectively with the value of 4 technical studies purchased for activities that are not found in the object of activity of the verified entity, being related to activities belonging to other legal entities (electricity distribution subsidiaries), without being invoiced to the subsidiaries for the recovery of the expense. The four studies are related to the electricity distribution activities carried out by the electricity distribution subsidiaries (Transilvania Sud, Muntenia Nord and Transilvania Nord), which are organized as separate legal entities, activating in a field in which the entity (Electrica) is not licensed by ANRE to carry out activities, nor does it own such electricity distribution networks; - partially annulled item 5 (measure II.7), for the rent exceeding the period 17 July 2013-01 September 2013, the measure being maintained for the rent related to the period 17 July 2013- 01 September 2013 - Making payments, during July 2013 - June
2014, in the estimated amount of RON 36,385, for expenses without a legal basis, respectively for expenses with the rent of a building classified as company housing for the benefit of the CEO, considering that the housing was not granted in accordance with the law; - annulled item 6 (measure II.8) - Unjustified increase in expenses amounting to RON 2,400, representing land valuation services, engaged in the same year, several times, with the same appraiser, for the same patrimonial elements; - annulled item 7 (measure II.9) - Noncompliance with the legal provisions regarding good management in the use of funds, respectively the employment of services at overvalued prices by awarding a service contract to an economic operator who presented a price offer higher than those of other competitors.
Also, the head of claim regarding the extension of the implementation deadlines was rejected as unfounded and it was noted that the plaintiff reserved the right to submit a separate claim for the legal expenses incurred in the case.
The file no. 2229/2/2017* on the docket of the Bucharest Court of Appeal has as its object, mainly, the partial annulment of the Court of Accounts' Decision no. 12/27.12.2016, issued by the director of Directorate 2 within Department IV, respectively: regarding the irregularities found to be Electrica's responsibility in the contested Decision, items 1 to 8, with the consequence of removing the measures ordered in items 1, 3 to 9 inclusively; the partial cancellation of the Court of Accounts' Resolution no. 12/27.02.2017 through which Electrica's appeal against the Court of Accounts' Decision no. 12/27.12.2016 was rejected, respectively regarding the irregularities and the ordered measures, and additionally the extension with at least 12 months of the deadlines for the fulfilment of all the measures ordered to Electrica through Decision no. 12/27.12.2016.
The decision is subject to appeal, within 15 days from its communication.
Following the adoption of Ordinance no. 30 of 10 August 2023, the Ministry of Finance is authorized to fund the account provided for in GEO no. 27/2022 regarding some of the measures applicable to end customers on the electricity and natural gas market in the period 1 April 2022 – 31 March 2023, as well as for the modification and completion of some normative acts in the field of energy, approved with modifications and additions by Law no. 206/2022, with the amounts corresponding to the solidarity contribution collected in 2023, within 3 working days from the date of entry into force of the ordinance. According to her, the Group expects an increase in the subsidy recovery rate.
On 1 August 2023, the Group acquired another 30% of the shares and voting rights of Foton Power Energy S.R.L.. Therefore, the Group's participation increased from 30% to 60%, thus, Foton Power Energy S.R.L. is becoming a subsidiary of Electrica Group.
For the distribution segment, the significant changes in the Romanian legislation were detailed at Appendix 11.2.1. Based on these changes, the expected effects refer to:
▪ GEO no. 119/2022 for the amendment and completion of GEO no. 27/2022 regarding the measures applicable to final customers in the electricity and natural gas market in the period 1 April 2022—31 March 2023, as well as for the modification and completion of some normative acts in the field of energy - in force starting from 1 September 2022: (i) the additional costs with the purchase of electricity, made between 1 January 2022 and 31 August 2023, in order to cover the NL, compared to the costs included in the regulated tariffs (and not only the loans), are capitalized quarterly, RRR = 50% of the RRR applicable to each periods;
(ii) electricity producers have the obligation to sell electricity available for delivery until 31 December 2022, through direct negotiated contracts starting on 1 September 2022, only to electricity suppliers that have final customers in their portfolio, intended exclusively for consumption to them, DO, TSO and consumers who have benefited from the provisions of GEO nr. 81/2019; GEO no. 119/2022 was approved and amended by Law 357/2022, application period 1 January 2023 – 31 March 2025.
OD sent to ANRE the data for monitoring the simulation of the application of binomial tariffs for the year 2022 until 31 March 2023.
The modification of the Investment Procedure by ANRE Order no. 6/2023 considers the recognition of DO investments in energy storage and production for control and NL: (i) inclusion in the category of justifiable investments of energy production installations from renewable sources for NL supply and control consumption from the station; (ii) the inclusion in the category of necessary investments of electricity storage facilities; (iii) the possibility for DO to own storage facilities, by way of exception from the provisions of the Energy Law (art. 46^1 para. (1)), only with prior approval by ANRE; (iv) establishing the method of calculating the economic efficiency of investments in production/storage, to be recognized by ANRE.
At the end of the first semester of 2023, the operator Distributie Energie Electrica Romania (DEER) made and put into operation investments amounting to RON 212.4 mn., representing 28% of the value of the commissioning program planned for 2023 (RON 764 mn., of which RON 628.4 mn. plan for 2023, and RON 135.6 mn. values related to 2022 plan); RON 82.9 mn. from 2023, RON 95.2 mn. recoveries related to 2022 and RON 34.3 mn. additional works compared to the 2023 plan, resulting from legislative changes regarding the connection. For the accomplishment of some additional works compared to the plan, for the connection of the users, expenses of RON 52.4 mn. were estimated in CAPEX, taking into account the legal provision of Electricity and natural gas law no. 123/2012 with all its subsequent amendments and corrigenda, as well as the regulations for grid connection, modified by ANRE orders no. 17, 18 and 19/2022.
The regulatory framework has undergone significant changes in the last decade, regarding the total liberalization of the electricity and natural gas market, the separation of supply and distribution activities, the implementation of the support scheme for renewable energy, the support of electricity consumers and the limitation of prices to final consumers.
In 2023, the electricity market is fully liberalized for all categories of customers and the price is set by suppliers through free market mechanisms, both for universal service offers and for offers related to the competitive market, in compliance with the legal provisions regarding capping established for period 1 November 2021-31 March 2025.
Trading on the wholesale market is carried out by concluding the following types of transactions: directly negotiated bilateral transactions, transactions concluded following auctions on organized markets, including on the electricity balancing market, electricity import and export transactions.
During the period 01 January 2023-31 March 2025, the mechanism for the centralized purchase of electricity (MACEE) was established.
Starting from 01 November 2021, against the background of the increase in the price of energy and natural gas on the international and national markets, the energy crisis, as well as the effects caused by these increases in the population, in Romania, a series of support schemes have been applied to consumers of electricity and natural gas, by establishing compensation and capping schemes between 01 November 2021 and 31 March 2025.
The following support mechanisms were implemented:
During the year 2022, with applicability in the year 2023, a series of legislative changes were made, with a significant impact on the electricity supply activity, as follows:
The mechanism stipulates that OPCOM, as the sole purchaser, buys electricity from producers (electricity producers with an installed power equal to or greater than 10 MW) and sells the purchased electricity to electricity suppliers who have contracts with end customers, the operator of the electric energy transport system and the operators of the electric energy distribution system to cover their own technological consumption. The price paid by OPCOM to energy producers, for the quantities of electricity sold, is 450 RON/MWh, and OPCOM's selling price to economic operators is also 450 RON/MWh (OPCOM has the right to charge market participants tariffs/commissions at the level of costs recorded through the organization of the centralized mechanism for purchasing electricity). In order to carry out the transactions, OPCOM will organize an annual purchase procedure, as well as an additional monthly purchase procedure, for the quantities of electricity to be delivered in the following month; the annual and monthly quantities of electricity are firm obligations of electricity producers and economic operators for all disconnection intervals every month (contracts are concluded by signing, within a maximum of 3 working days).
Green certificates
Electricity suppliers have the legal obligation to purchase green certificates from renewable energy producers, based on the annual targets or quotas established by law, which apply to the amount of electricity purchased and supplied to final consumers. The cost of green certificates is billed to final consumers separately from electricity tariffs.
Starting with 1 November 2021, following the increase in the price of energy and natural gas on the international and national markets, the energy crisis, as well as the effects caused by these increases among the population, in Romania, a series of support schemes were applied to electricity and gas consumers, by establishing compensation and capping schemes between 1 November 2021 and 31 March 2025.
In 2023, the electricity market is totally liberalized for all categories of customers and the price is set by suppliers through free market mechanisms, both for universal services offers and for the offers related to the competitive market, in compliance with the legal provisions on capping established for the period 1 November 2021 – 31 March 2025.
The Group actively reviews and implements policies and strategies to recover from the loss generated by the increase in energy price, strategies which mainly aim in revising the method of generating the selling price for final consumers, concluding agreements with specific clauses ensuring new financing facilities, closely monitoring suppliers and consumers payment terms, monitoring daily cash flow and forecasted cash flow. The Group continues to closely monitor the macroeconomic outlook and as additional information will be available, their effects on the activity of Group companies and over the financial results will be analyzed.
A summary of the main financial indicators is presented below:
▪ Revenue from the distribution segment increased by RON 394.3 mn., or 25.3%, to RON 1,952.4 mn. (out of which RON 1,120.6 mn. external revenues), compared to H1 2022; the contribution of the electricity distribution segment to the Group's consolidated revenue is of 23.3%.
Risks and uncertainties present on 30.06.2023 and aspects regarding the main risks and uncertainties that could affect the Group's activity and its liquidity in the next semester of 2023:
| Risk description | Mitigation risk actions | ||
|---|---|---|---|
| Ukraine Crysis | |||
| • On 24 February 2022, Russia invaded Ukraine, marking a sharp escalation of the Russian Ukrainian war that began in 2014 with Russia's annexation of the Crimea peninsula. The invasion generated on the one hand a refugee crisis with the fastest growth in Europe since the Second World War, and on the other hand a global food crisis. At the same time, at the regional level, a resource crisis was created due to the imposition of a series of restrictions on the international level, Russia being an important player in the natural gas market in Europe. • The Electrica Group does not own subsidiaries and affiliated entities on the territory of Ukraine, nor does it have any other relevant exposures in the countries directly involved in this conflict. From an operational point of view, the purchases of energy and natural gas are mainly made from the domestic market, availability, provenance and delivery of resources could be influenced by the dynamics of the conflict from region. |
• The management's opinion is that these risks have already materialized on the market of natural gas, electricity and petroleum products. Mitigation of the impact was possible in the supply activity through the compensation and capping measures established at the national level. In the distribution activity, the directly felt impact was visible through the price at which the electricity related to own technological consumption (NL) could be purchased. These negative influences can be maintained in the next period due to market volatility and possible future regulations with a direct impact on the Group's activity. |
||
| Market risk • Market risk represents the risk that the change in energy and natural gas prices, the reference interest rate, such as share prices, interest rates or exchange rates, will affect the Group's income or the value of its holdings. In Q1 2023, the inflation rate in Romania • decreased slightly from the level of 16.4% at the end of 2022 to 14.5%, the forecast for the end of H1 2023 following the same downward trend and estimating a value of 10.2%. • At the same time, the inflation of the prices of energy goods recorded in Q1 2023 the value of |
• At the level of the supply activity there are implemented policies, procedures and tools for mitigating market risks to manage and control exposures on the electricity and natural gas market. With this scope, internal projects were started to review the hedging strategy, improving the ability to forecast the demand. There was taken into consideration the adequacy to the reality imposed by the specific markets during this period: the decrease in consumption combined with the increase in purchase prices. |
| ELECTRICA S.A. – | 2023 HALF YEAR CONSOLIDATED REPORT |
|---|---|
| 15.3%, in a significant decrease from 26.7% recorded on 31.12.2022, following a forecast on a slightly downward trend of 0.7% for the forecast at 30.06.2023. • For the year 2023, the forecast maintains the same slightly downward trend. Source: https://www.bnr.ro/Proiectii-BNR-22694- mobile.aspx |
• Another significant risk factor in this area comes from the lack of production capacities to compensate for extreme scenarios: extremely low temperatures, drought, lack of working fronts for coal, unavailability of primary resources for renewable energy (wind, sun). • In 2023, the company started and plans to obtain certification for the implementation of standard ISO 50001 Management Systems in Energy in order to improve the services offered and increase the efficiency of the management of resources. |
| Credit and counterparty risk | |
| • Credit risk represents the risk of financial losses when a counterparty/client does not meet its contractual obligations to pay invoices when they are due. |
• The management monitors and examines the current exposure, credit limits and counterparty ratings, established provisions. The current market context implies a significant • pressure on the ability of counterparties in the energy market to ensure delivery on time or to pay related compensations. |
| Liquidity risk | |
| • Liquidity risk represents the risk that the Group will not be able to meet its financial obligations when they are due. Conformity (Legal) risk |
• The Group's approach to liquidity management consists in ensuring a sufficient level of liquidity for the payment of due obligations, both under normal conditions and under stress conditions, through the treasury management system through cash pooling and accessing a varied range of credit lines of the type overdraft. • Also, the pre-financing of the support scheme for the segmental supply involves a liquidity risk, including the financing of the NL price that will be recovered through future tariffs. Failure to recover these amounts from the state on time (for reasons not attributable to the group) leads to a high risk of contagion (in relation to the group's distribution activities) associated with liquidity risk. • The group carefully monitors, through the treasury structures, the impact and effects on the companies' activity and financial results and has adequate resources to continue its operational activity. |
| ELECTRICA S.A. – 2023 HALF YEAR CONSOLIDATED REPORT |
|||||
|---|---|---|---|---|---|
| • • • |
The energy and natural gas markets are regulated by local and European legislation. These regulations may be modified or interpreted differently by the local authorities and may affect the operational profit margins of the Group. This risk is also supported by the legislative history of recent years, which contains a series of laws that significantly changed energy and natural gas prices, capping elements, etc. |
• • |
The group makes efforts to optimize operational efficiency in accordance with current and future regulations. The impact of these regulations is close to the maximum range used in the evaluation with immediate consequences in profitability at the group level. |
||
| Operational risk | |||||
| • • |
The Group may record direct or indirect losses resulting from a wide range of factors associated with processes, service providers, technology and infrastructure, and from external factors, such as regulatory or legal requirements and generally accepted standards regarding the best practices in the field. Violation or failure of security and information technology systems may entail the risk of financial loss, interruption of operations or damage to the Group's reputation. |
• • |
The group have implemented an operational monitoring system, documented by policies and procedures, which ensures the escalation and remediation of potential operational problems. In order to implement the best practices in the field, SE Electrica S.A. obtained in 2022 the certification for the implementation of standard ISO 27001: Information Technology, Security Techniques, Information Security Management Systems. The extension of the certification to the level of the other entities in the Group is further analyzed. |
The Electrica Group is one of the main distributors and suppliers of electricity on the Romanian market.
The main activity segments of the Group consist of the distribution of electricity to users, the supply of electricity to domestic and non-domestic consumers, the segment of services related to external distribution networks as well as the segment regarding the production of electricity from renewable sources.
Currently, the Group includes the parent company of the Group, Societatea Energetica Electrica SA ("ELSA") and the following subsidiaries and associated entities:
of 59 MW, located near Satu Mare and became subsidy on 27 May 2022 as a result of ELSA owning 60% of shares.
▪ Green Energy Consultancy & Investments S.R.L. ("GEC&I") develops the photovoltaic project "Vulturu" with a design capacity of 12 MWp DC (peak power at the panels level) and 9.75 MW AC (evacuating power in the network) located in the Vulturu village area, Vrancea county and became subsidy on 06 September 2022 as a result of ELSA owning 75% of shares. On 06 February 2023, ELSA bought the remaining shares up to 100%.
| Subsidiary | Activity | Sole registration code |
Headquarters | % shareholdings as of 30 June 2023 |
|---|---|---|---|---|
| Distributie Energie Electrica Romania S.A. ("DEER") |
Electricity distribution in geographical areas Transilvania Nord, Transilvania Sud and Muntenia Nord |
14476722 | Cluj-Napoca | 99.99999929% |
| Electrica Furnizare S.A. ("EFSA") |
Electricity and natural gas supply | 28909028 | Bucharest | 99.9998444099934% |
| Electrica Serv S.A. ("SERV") |
Services in the energy sector (maintenance, repairs, construction) |
17329505 | Bucharest | 99.99998095% |
| Electrica Productie Energie S.A ("EPE") |
Production of electricity | 44854129 | Bucharest | 99.9920% |
| Electrica Energie Verde 1 S.R.L.* ("EEV1") |
Production of electricity | 19157481 | Bucharest | 100%* |
| Sunwind Energy S.R.L. | Production of electricity | 42910478 | Bucharest | 100% |
| New Trend Energy S.R.L. ("NTE") |
Electricity generation | 42921590 | Constanta | 60% |
| Green Energy Consultancy & Investments S.R.L. ("GEC&I") |
Electricity generation | 29172101 | Bucharest | 100% |
Source: Electrica
*indirect shareholding by ELSA of 100% through its subsidiaries and without any other external holdings.
| Associate | Activity | Sole registration code |
Head Office |
% shareholdings as of 30 June 2023 |
|---|---|---|---|---|
| Crucea Power Park S.R.L. | Production of electricity | 25242042 | Constanta | 40% |
| Foton Power Energy S.R.L. | Production of electricity | 43652555 | Constanta | 30% |
Source: Electrica
▪ Crucea Power Park S.R.L. ("CPP") develops the wind project "Crucea Est", with a designed installed capacity of 121 MW and a projected electricity storage capacity of 60 MWh (15 MW x 4h), located outside the Crucea commune, Constanta county.
▪ Foton Power Energy S.R.L. ("FPE") develops the photovoltaic project "Bihor 1", with a designed installed capacity of 77.5 MW, located near Oradea city.
| Company | Activity | Sole registration code |
Head Office |
% shareholding as at 30 June 2023 |
|---|---|---|---|---|
| CCP.RO Bucharest S.A. ("CCP.RO") |
Financial brokerage activities, exclusively insurance activities and pension funds (risk management through derivative products on the energy market) |
17777754 | Bucuresti | 8.06% |
Source: Electrica
▪ On 8 December 2022, the effective subscription was made in the amount of RON 7 mn., equivalent to 8.06% of the share capital of the company CPP.RO Bucharest S.A. after the increase of the share capital, CCP.RO thus becoming a financial investment owned by ELSA for the long term.
Electrica Group remains dedicated to ensuring the balance between generating value for its customers and maximizing profit for shareholders, strengthening its position in the market while expanding into complementary segments, within a culture of ethics, integrity and sustainability.
Governance and investor relations remain priorities for the Group, aiming the constant improvement and the implementation of best practices in corporate governance and investor relations areas.
For the 2019-2023 period, the Group's strategic objectives were updated in 2022 and represent the main directions to which the current activities are aligned:
In addition to the traditional areas of interest, namely the electricity distribution, electricity supply and natural gas and energy services, there is a high interest for the development of new activities, based on innovative technology, while continuing to monitor and analyze the opportunities for growth through mergers and acquisitions. Also, a closer relationship with the clients is pursued, based on the development of competencies, as well as on an offer of products and services in line with their needs.
In order to ensure the implementation of the strategic plan for the period 2019-2023, the company's HR strategy aims to provide the qualified human resources, necessary to support the initiatives that ELSA has proposed for the next period, considering an emphasized dynamic of the labor market. Thus, the HR strategy aims to ensure staff to increase operational performance and achieve the strategic objectives of the Group, modernizing the organization by implementing an organizational culture having as central elements excellence and safety, for staff and collaborators, modernizing the employer image and implementing a coherent system for performance management and employee evaluation.
Also, an important role will be played by the optimization of the IT&C support functions and alignment with industryspecific trends and solutions. In this context, beyond the processes' digitization and their integration in IT platforms, the development of smart grids, the smart meters' integration in the rhythm of their implementation plan, support for the operationalization of prosumers etc. are provided in the distribution area. In the supply area, the development of a customer-friendly interface, the automation of contracting, reporting, and invoicing processes and data exchange with all Romanian distributors are critical elements supported by IT&C in order to provide strategic advantages to the Group's business segments.
The improvement of the corporate governance framework is continued, closely following the Corporate Governance Action Plan established with EBRD starting with 2014. It was approved the establishment of the Climate Governance and public Policy Committee to prepare the framework for the implementation of initiatives to help meet the EU's zero greenhouse gas emissions target by 2050 and ensure the long-term resilience of the Group's companies, from the perspective of the potential structural changes in the business environment resulting from climate change.
The realization of the strategic plan for the period 2019-2023 was significantly influenced by the fact that in the period 2020-2022 Romania was affected by the COVID19 pandemic, implicitly the energy market facing all kinds of difficulties from price anomalies, process anomalies, operational anomalies (the period in which the activity with clients was closed and/or significantly hampered by the restrictions on movement and socialization imposed) and until the period in which market regulation was restored.
In the distribution segment, the organizational transformation process, started since 2017, has been developed and implemented, through the operationalized initiatives, measures aiming the efficiency and continuous improvement of the activity.
Moreover, at the end of 2019 the implementation of the newly approved strategy at the Group level was initiated - through the perspective of the megatrends that mark the energy industry (decarbonization, decentralization, digitalization), which reveals a significant transformation process, accelerated internationally, but initiated nationally, also. The economic context at national level, which brings additional pressure on the regulated activities, and the strategic priorities assumed in the field of energy urgent the need for transformation also at the level of electricity distribution companies, these becoming one of the important pillars for the transformation of the energy system. The need and principles for transforming the business model were analyzed in detail from the perspective of several implementation scenarios - from individual optimization to the legal merger of the three distribution operators. The latter, achieved at the end of 2020, through the proposed organizational model and the initiation of the legal post-merger integration program, is likely to create the premises for compliance with the current requirements of the framework that has been in a special dynamic lately, ensuring medium-term operational efficiency, preparing the organization for the challenges related to the energy transition and capitalizing on new medium and long-term business opportunities.
The year 2022 represented the year in which the foundations of the new approach were laid in terms of reorganizing the business and organizational model, which were established - in a broad conceptual and operationalization effort - the target objectives, as well as the method and tools to be used for the current year and the next 2 years, the implementation being started in several areas: (i) the unified target organizational chart; (ii) reviewing and optimizing the processes - as a whole, but also within specific Centers of Excellence, prioritized for implementation depending on the impact in the operational area and the interaction with the client; (iii) the identification and application of those initiatives and optimization measures that would lead to the strict compliance with the targets approved by ANRE regarding the operational and personnel expenses for the distribution service; improving the model of analysis and monitoring of the results obtained compared to the established targets, with the application
of a more agile approach (iv) IT&C technology area - with a decisive role in transforming the company, as a whole and in implementing all defined projects, as part of the program.
Following the application, starting with 1st January 2022, of the new unified target organization chart, through which all structures in the area of strategic activities (asset management, energy management, integration program management, IT&C, strategic project management), financial and support were reunited under a unique coordination at the level of the company resulting from the merger - Distributie Energie Electrica Romania SA (DEER), in the coming years will continue the process of adaptation and continuous technology improvement of processes and support, as defined by the approved Strategy for the distribution segment.
The geopolitical crisis of 2022, generated by the invasion of Ukraine by Russia, which led to the sharp increase in energy prices both in Romania and in other European countries, brought into attention the need to reduce own technological consumption, streamlining operational costs and providing sources of financing for future investments.
In the same context, in response to the difficulties and disruptions in the global energy market, the European Commission developed in March 2022 the REPowerEU Plan for energy saving, clean energy production and diversification of energy sources, supported by financial and legal measures to build the new infrastructure and energy system Europe needs. Following the policies developed at the European Union level, for the next period, an increase in production from renewable sources is expected, including the number of prosumers, the development of electric transport, the introduction of flexibility services, which make it necessary to increase the investments for modernization, automation and digitalization of distribution networks.
For financing investments in the distribution segment, both own sources and European funding programs will be used, which are opportunities for modernizing networks and transforming them into smart networks, this will be reflected both in improving network resilience and in increasing operational efficiency.
In 2022, the strategy of the previous year was preserved, the company focused on increasing the profitability of the client portfolio by developing specific measures to increase customer satisfaction through portfolio restructuring and through competitive and dynamic purchasing strategies in the context of a volatile and unpredictable energy market. The traditional electricity supply offer has also been complemented with combined electricity – gas and value-added services packages.
In 2023, EFSA will continue to implement the measures identified to transform the company into an organization capable of successfully responding to current and future energy market challenges including improving the financial situation, improving the NPS, defining a competitive trade program, improving positioning and transforming the organization into a supple and agile one.
Also, within the priority measures of modernization and adaptation of internal information systems we will continue the preparation of the transition to the SAP ISU system, as well as the preparation of data migration, so that in 2023-2024 the implementation of the SAP ISU system was carried out.
Another priority area was digitization, in the sense that the number of electronic invoices issued to customers increased from 164,664 on 01.01.2019 to 1,048,057 on 30.06.2023, a significant increase, which in the future will lead to a significant reduction in costs and a better relationship with the customer, but, on the other hand, it also creates a risk, in the case of the possibility of a faster migration of a customer to another electricity supplier.
The plan for the next period contains an in-depth multicriteria analysis of the company's activities and highlights the underlying causes of the deteriorating financial situation. The measures included in the recovery plan aim at aligning costs with revenues, returning the company to positive financial results and staff restructuring, with the ultimate goal of increasing labor productivity by eliminating production flow dysfunctions and redundancies in the
decision-making process. The recovery plan also overviews the strategic repositioning of the company by developing and consolidating new activities that will serve both the companies within the Group and companies outside it.
The main directions for the development of the SERV are:
The Group wants to develop a portfolio of electricity production capacities from renewable sources (wind and photovoltaic) with a cumulative capacity of 400 MW, in parallel with electricity storage capacities with a installed capacity up to 100 MW.
As of 30.06.2023, the Group had the following projects under development:
* The powers installed for the projects under development may undergo changes that could result from the authorization process specific to the power production capacities.
In April 2023, EFSA is the market leader with a share of 17.79%; in the competitive market with a share of 10.43% (according to ANRE report April 2023). In comparison, in 2022, EFSA had a market share in the total electricity
market of 17.96%; LR market share of 31.21% and a competitive market share of 12.79% (ANRE report for December 2022).
As of 30 April, the Group had supplied 3.9 TWh of electricity to approximately 3.5 million consumption places (both universal service and last resort, as well as on the competitive market), representing a decrease of 6.84% compared to the same period last year.

Figure 1: Quantity of electricity distributed on voltage levels (TWh)
Source: Electrica


Source: Electrica *The corrections for 2022 have not yet been approved by ANRE, they will be reflected in the 2024 tariffs
Figure 3: Analysis of regulated profit - OMFP 2844 budgeted result for the distribution segment for the year 2023 (RON mn.)

Source: Electrica
The corrections approved by ANRE that affect the tariffs for the year 2023 are positive in the amount of RON 290 mn., of which the negative corrections related to the year 2021 of RON 150 mn. are reflected by components in the graph below:
Figure 4: Corrections approved by ANRE that affect the tariffs for the year 2023 (RON mn.)

Source: Electrica
To the negative corrections related to the year 2021, are added the positive corrections of RON 154 mn. related to the years 2022 and 2023, but also the positive correction of RON 286 mn. related to the component for the additional cost of NL capitalized in the year 2022.
Until July 2014, the Romanian State, through the Ministry of Economy, Energy and Business Environment, was the sole shareholder of ELSA. As of 4 July 2014, after the Initial Public Offering, the Company's shares are listed on the Bucharest Stock Exchange (BSE – ticker EL), and the Global Depositary Receipts are listed on the London Stock Exchange (LSE – ticker ELSA).
Subsequently, a secondary public offer took place, which ended on 3 December 2019, during which a total number of 208,554 new shares were subscribed, with a nominal value of RON 10 and a total nominal value of RON 2,085,540.
As of 30 June 2023, the ownership structure according to the Central Depository records (Romanian: Depozitarul Central) is presented below.
| Shareholder | Number of shares | Stake held (% of the share capital) |
Percent of voting rights (%) |
|---|---|---|---|
| The Romanian State, through the Ministry Energy, Bucharest, Romania |
169,046,299 | 48.7948% | 49.7850% |
| The European Bank for Reconstruction and Development |
17,355,272 | 5.0096% | 5.1112% |
| Electrica SA | 6,890,593 | 1.9890% | - |
| BNY MELLON DRS, New York, USA | 2,146,952 | 0.6197% | 0,6323% |
| Other legal entities* | 130,961,779 | 37.8018% | 38.5689% |
| Individuals | 20,042,702 | 5.7853% | 5.9027% |
| TOTAL | 346,443,597 | 100.0000% | 100.0000% |
Source: Central Depository, Electrica
Note 1: Shares with voting rights - 339,553,004, representing the total number of shares (346,443,597) without the number of own shares held by Electrica (6,890,593), for which the voting right is suspended
* Paval Holding, NN Group NV and Allianz SE hold, directly or indirectly, between 5% and 10% of the total number of shares with voting rights
The shares presented to be held by the Bank of New York Mellon represent the global depositary receipts (GDRs) owned by ELSA shareholders that are traded on the London Stock Exchange (LSE). A global depositary receipt represents four shares. The Bank of New York Mellon is the depositary bank for these securities.
Following the stabilization process after the June 2014 IPO, ELSA owns 6,890,593 of its shares, representing 1.989% of the total share capital at 31 December 2022, with suspended voting rights, which does not entitle ELSA the right to receive dividends.

Source: Central Depository, Electrica
At the end of June 2023, ELSA's shares were owned by a total of 12,733 shareholders, of which 264 legal entities and 12,469 individuals from 30 countries. 91.34% of the total number of shares (316,433,340 shares) were owned by investors with residence in Romania. Thus, foreign shareholders held 8.66% of the share capital (30,010,257 shares), the largest weight being represented by European citizens. Shareholders in the United Kingdom and Ireland held 5.11% of share capital, while those in the USA held 1.11%, in this category being included also the GDRs holders.
The following table presents the the condensed consolidated statement of profit or loss.
| Table 6. Consolidated statement of profit or loss (RON mn.) |
|||
|---|---|---|---|
| ---------------------------------------------------------------- | -- | -- | -- |
| Indicator | 30 June 2023 (reviewed) |
30 June 2022 (reviewed) |
Variation | |
|---|---|---|---|---|
| (abs) | ||||
| Revenues | 4,807.5 | 4,628.8 | 178.7 | |
| Other income | 1,874.8 | 1,304.3 | 570.5 | |
| Capitalised costs of intangible non-current assets |
56.3 | - | 56.3 | |
| Electricity and natural gas purchased | (4,941.4) | (4,937.6) | (3.8) | |
| Construction costs related to concession agreements |
(423.9) | (228.8) | (195.1) | |
| Employee benefits | (451.5) | (389.4) | (62.1) | |
| Repairs, maintenance and materials | (49.8) | (36.1) | (13.7) | |
| Depreciation and amortization | (357.2) | (248.2) | (109.0) | |
| Impairment loss on trade and other receivables, net |
(24.3) | (50.0) | 25.7 | |
| Other operating expenses | (211.6) | (189.9) | (21.7) | |
| Operating result | 278.8 | (146.9) | 425.7 | |
| Finance income | 11.4 | 2.3 | 9.1 | |
| Finance costs | (153.0) | (59.8) | (93.2) | |
| Net finance cost | (141.6) | (57.5) | (84.1) | |
| Share of the result of the associates | 0 | 0 | - | |
| Result before tax | 137.2 | (204.4) | 341.6 | |
| Income tax benefit/(expense) | (31.6) | 28.9 | (60.5) | |
| Net result | 105.6 | (175.5) | 281.1 |
Source: Electrica
Electrica's revenues and other income for the six months period ended 30 June 2023 and 30 June 2022 amounted to RON 6,682.3 mn. and RON 5,933.1 mn., respectively, representing an increase of approx. RON 749.2 mn., or
12.6%; the variation is generated mainly by the operating income evolution, mainly subsidies (represent values to be recovered as a result of the application of the capping of electricity prices) recognized by EFSA. Other operating income registered in H1 2023 compared to H1 2022, an increase of RON 570.5 mn., of which RON 590.7 mn., recoverable subsidies from the Ministry of Energy, as a result of the application of the mechanism for capping energy prices electricity and natural gas approved by Order no. 119/2022 (which amended the Order no. 118/2021 and Order no. 27/2022).
Starting with 01 November 2021, against the background of the increase in the price of energy and natural gas on the international and national markets, the energy crisis, as well as the effects caused by these increases in the population, in Romania, a series of support schemes have been applied to consumers of electricity and gas, by establishing compensation and capping schemes between 01 November 2021 and 31 March 2025.
During 2023, a series of legislative changes were made, with a significant impact on the electricity supply activity, as follows:
Following the adoption of Ordinance no. 30 of 10 August 2023, the Ministry of Finance is authorized to fund the account provided for in GEO no. 27/2022 regarding some of the measures applicable to end customers on the electricity and natural gas market in the period 1 April 2022 – 31 March 2023, as well as for the modification and completion of some normative acts in the field of energy, approved with modifications and additions by Law no. 206/2022, with the amounts corresponding to the solidarity contribution collected in 2023, within 3 working days from the date of entry into force of the ordinance. According to it, the Group expects an increase in the subsidy recovery rate.

Figure 6: Revenue for H1 2023 and comparative information (RON mn.)
The revenues increased by RON 178.7 mn., or 3.9%, being the net effect of the following main factors:
During the six months period ended 30 June 2023, revenues from the electricity distribution segment increased by approx. RON 394.3 mn., or 25.3%, to RON 1,952.4 mn., from RON 1,558.1 mn. in the same period of the previous year, as a result of the following factors:
As a result of ANRE ord. no 27/2023, starting with Q2 2023, distribution tariffs will be higher by approx. 20% (26.1% in the MN area, 21.5% in the TN area and 10.9% in the TS area); compared to the same period of the previous year, implicitly the revenues from electricity distribution will be higher, with a favorable impact on the operational performance for the distribution segment. The tariffs applicable starting with 01 April 2023 will not change until 31 December 2023.
Also, at the beginning of the current PR4 regulatory period, ANRE made a total negative correction to close PR3 in the amount of RON (855) mn. (nominal terms), respectively RON (665) mn. (2018 terms), of which RON (341) mn. (2018 terms) for meters recognized as investments in PR2 (2008-2013). The meter correction was challenged in court by the distribution branch of the Electrica Group, because in 2013, ANRE recognized the meters in RAB based on the principle of non-discrimination of all distribution operators, although they were not registered as fixed assets.
Source: Electrica
The total negative correction related to PR3 decreased the regulated profitability related to PR4, with an average annual value of RON (171) mn. (nominal terms).
Regarding the supply segment, the revenue from the electricity supply and natural gas decreased by RON 137.8 mn., or 3.6%, to RON 3,694.9 mn., from RON 3,832.7 mn. in H1 2022.
The variation of the supply segment revenue is mainly driven by the net effect between the 10% retail sale price increase in the retail market and the 7% fall in the volumes of electricity supplied on the retail market.
The green certificates value included in final consumer invoice, set by ANRE, decreased from RON 72.54/MWh in H1 2022 to RON 71.68/MWh in H1 2023.
In H1 2023, the expense for electricity and gas purchased increased by RON 3.8 mn., or 0.1%, to RON 4,941.4 mn., from RON 4,937.6 mn. in the comparative period.
This variation is the net impact of the increase of electricity costs on the supply segment, and by the decrease in electricity costs for NL coverage on distribution segment as a result of the legislative changes of 2022 by which the mechanism for the centralized purchase of electricity was established, and OPCOM was designated as the sole purchaser.
The table below presents the structure of the electricity and gas purchased expenses for the indicated periods:
Table 7. Structure of the electricity and gas purchased expenses (RON mn.)
| Six month period ending 30 June (RON mn) | 2023 | 2022 | % |
|---|---|---|---|
| Electricity purchased to cover network losses | 601.7 | 1,121.9 | -46.4% |
| Electricity and gas purchased for supply | 3,939.0 | 3,382.1 | 16.5% |
| Transmission and system services related to supply activity | 135.8 | 138.6 | -2.0% |
| Green Certificates | 264.9 | 294.5 | -10.0% |
| Total electricity purchased | 4,941.4 | 4,937.6 | 0.1% |
Source: Electrica
The cost of the electricity purchased for supply (including transmission and system services) increased by RON 524.6 mn., or 13.8%, to RON 4,339.7 mn. in H1 2023, from RON 3,815.2 mn. recorded in H1 2022.
Following the overtaxation of energy producers and the redirection to the Energy Transition Fund of 98% of the profit obtained from the resale of energy in the wholesale market by suppliers/traders, the purchase price on the Day-Ahead Market (DAM) recorded a decrease in H1 2023 by approximately 49% compared to the similar period of 2022, maintaining the same downward trend in the following period as well.
In 2021, after the complete liberalization of the energy market, the purchase prices were approximately the same both on the competitive segment and on the universal service and SoLR segment. The acquisition market registered since the end of March 2021, significant increases, manifested at international level and determined by the international economic and political context. Thus, the growth registered in the acquisition market was transferred to the final clients, within the limits allowed by the legislation in force and by the contracts concluded with the final client.
It should be noted that energy suppliers are unable to terminate existing contracts according to the Law on Electricity and Natural Gas no. 123/2012, based on Article 57.
Green certificates' (GC) cost is recognized in the statement of profit and loss based on the quantitative quota set
by the regulatory authority and influenced by GC amount that the Group has to purchase for the current year and GC purchase price on the centralized market. The green certificates cost is a pass-through cost.
In order to fulfil the legal obligations for the acquisition of green certificates (GC) and considering the observance of the Internal Procurement Procedure, in the first quarter of 2023, the cost of GC acquisition decreased by RON 41,884 mn. (decrease from RON 151,823 mn. to RON 109,939 mn.), respectively a decrease of 27.59% compared to the same period of 2022.
This variation was determined by the following:
In order to fulfil the legal obligations for the acquisition of green certificates (GC) and considering the observance of the Internal Procurement Procedure, in the second quarter of 2023, the cost of GC acquisition increased by RON 21,276 mn. (increase from RON 144,190 mn. to RON 165,466 mn.), respectively an increase of 14.76% compared to the same period of 2022.
This variation was determined by the following:
▪ the increase by 16.13% of the amount of electricity invoiced, used at the rate of the second quarter of 2023 (the electricity invoiced in the second quarter of 2022 was 1,987,819.257 MWh, while the one invoiced in the second quarter of 2023 was 2,308,386.722 MWh).
Regarding the distribution segment, in the six months period ended 30 June 2023, the cost of the electricity purchased to cover network losses decreased by RON 520.3 mn., or 46.4%, to RON 601.7 mn., from RON 1,121.9 mn., the evolution being generated both by a significant decrease in the electricity purchase prices as a result of the implementation of the centralized purchase mechanism MACEE, according to which the producers have the obligation to sell 80% of the available energy at a price of 450 lei/MWh (positive effect of RON 532.8 mn.) and higher volumes of electricity needed to cover network losses (negative impact of RON 12.6 mn.).
Starting with 2022, according to GEO no. 119/2022, the additional costs of the purchase of electricity (determined as the difference between the realized costs and the costs included in the approved distribution tariffs), realized between 01 January 2022 – 31 March 2025, compared to the costs included in the regulated tariffs, are capitalized quarterly and are remunerated with 50% of the regulated rate of return (RRR) approved by ANRE, applicable during the amortization period of the respective costs and are recognized as a distinct component in the regulated tariffs, called the component related to additional costs with NL. Also, ANRE developed the Methodological Norms regarding the recognition in tariffs of the additional costs with the purchase of electricity to cover the own technological consumption compared to the costs included in the regulated tariffs, with the aim of establishing the way of substantiating the additional costs with the purchase of electricity for NL coverage as well as the conditions for their recognition in the regulated income on the basis of which the distribution tariffs are established.
According to the Emergency Ordinance no. 153/2022, between 01 January 2023 and 31 March 2025, the mechanism for the centralized purchase of electricity is established, with OPCOM being designated as the sole purchaser. The distribution operators buy from OPCOM through an annual/monthly mechanism 75% of the quantity forecasted and validated by ANRE at the price of 450 lei/MWh, and the producers will sell to OPCOM through an annual/monthly mechanism 80% of the quantity forecasted and validated by ANRE and Transelectrica at the price of 450 lei/MWh.
In H1 2023, the expenses with the construction of the electrical networks in connection with the concession contracts increased by RON 195.1 mn., or 85.3%, to RON 423.9 mn., from RON 228.8 mn. in the comparative period, being correlated with the evolution of the investments realized, related to the Regulated Asset Base, and the allocation of the investment plan throughout the year.
The expenses for salaries and employee benefits increased by RON 62.1 mn., or 15.9%, to RON 451.5 mn. in H1 2023, from RON 389.4 mn. in H1 2022, determined mainly from the increase of benefits negociated through CCM.
In H1 2023, the expenses with repairs, maintenance and materials recorded an increase of RON 13.7 mn., compared with the same period of the previous year, both from the distribution segment, and from the increase of the expenses with the materials necessary for the new activities carried out by the energy services company (RON 12.3 mn.).
In the first six months of 2023, the other operating expenses increased by RON 21.7 mn., or 11.4%, to RON 211.6 mn., from RON 189.9 mn. in the same period of 2022, mainly from:
The group's EBITDA increased by approx. RON 534.6 mn. compared to the same period of the previous year, having a positive evolution from RON 101.3 mn. in 2022 to RON 635.9 mn. in 2023.
Figure 7: EBITDA and EBITDA margin for H1 2023 and comparative information (RON mn. and %)

-4.0% -2.0% 0.0 % 2.0 % 4.0 % 6.0 % 8.0 % 10. 0% 12. 0% 14. 0% 16. 0%
Source: Electrica
The Group operating result (EBIT) increased by approx. RON 425.7 mn. y-o-y, the positive evolution of EBIT is generated by the increase in revenues being mainly alleviated by the increase of depreciation expense by RON
109.0 mn., or 43.9% (of which RON 100.0 mn. representing the depreciation related to capitalized assets for NL 2022 and 2023).

Figure 8: EBIT and EBIT margin for H1 2023 and comparative information (RON mn. and %)
Source: Electrica
The net finance cost at group level decreased by RON 84.1 mn. in H1 2023 compared to the similar period in 2022, mainly as a result of the increase of finance expenses of RON 93.2 mn. related to loans for pre-financing the support scheme for electricity and natural gas consumers established by GEO no. 119/2022.
As a result of the above described factors, in the six months period ended 30 June 2023, the net result increased by RON 281.1 mn., to RON 105.6 mn. (profit), from RON -175.5 mn. (loss) as compared with the similar period from previous year.
Figure 9: Net result and Net result margin for H1 2023 and comparative information (RON mn. and %)

-10.0% -8.0% -6.0% -4.0% -2.0% 0.0 % 2.0 % 4.0 % 6.0 % 8.0 %
Source: Electrica
Figure 10: Analysis of regulated net result - OMFP 1802/2014 - OMFP 2844/2016 for the distribution segment at H1 2023 (RON mn.)

Source: Electrica
The positive regulated result of RON 193.5 mn. does not include the effect of the capitalization of the negative deviation of the cost of NL - in realized values this was RON 56.3 mn., determined for the amount of NL realized in the first semester of 2023. The additional cost with NL compared to the cost recognized in the capitalized tariffs for the first semester of 2023, in the amount of RON 56.3 mn., was determined using amounts recognized for the year 2023, according to the provisions of ANRE Order no. 129/2022.
The following table presents the consolidated statement of the financial position (amounts in RON mn.):
| 30 June 2023 | 31 December | Variation | |
|---|---|---|---|
| (reviewed) | 2022 (audited) | abs | |
| ASSETS | |||
| Non-current assets | |||
| Intangible assets related to concession agreements | 5,886.9 | 5,675.9 | 211.0 |
| Intangible assets related to NL capitalization | 908.1 | 951.6 | (43.5) |
| Goodwill | 13.8 | 12.0 | 1.8 |
| Other intangible assets | 12.8 | 12.9 | (0.1) |
| Property, plant and equipment | 500.0 | 499.4 | 0.6 |
| Investments in associates | 23.0 | 18.8 | 4.2 |
| Other investments | 7.0 | 7.0 | 0.0 |
| Deferred tax assets | 24.2 | 30.2 | (6.0) |
| Other non-current assets | 51.6 | 2.4 | 49.2 |
| Right of use assets | 50.4 | 52.2 | (1.8) |
| Total non-current assets | 7,477.8 | 7,262.3 | 215.5 |
| Current assets | |||
| Trade receivables | 2,569.5 | 2,466.0 | 103.5 |
| Other receivables | 75.0 | 127.3 | (52.3) |
| Cash and cash equivalents | 147.2 | 334.9 | (187.7) |
| Subsidies receivables | 2,299.9 | 1,280.8 | 1,019.1 |
| Inventories | 94.3 | 114.0 | (19.7) |
| Prepayments | 20.7 | 13.9 | 6.8 |
| Current income tax receivable | - | 24.0 | (24.0) |
| Assets held for sale | 0.3 | 0.3 | - |
| Total current assets | 5,207.0 | 4,361.1 | 845.9 |
| Total assets | 12,684.8 | 11,623.3 | 1,061.5 |
| EQUITY AND | |||
| LIABILITIES | |||
| Equity | |||
| Share capital | 3,464.4 | 3,464.4 | - |
| Share premium | 103.0 | 103.0 | - |
| Treasury shares reserves | (75.4) | (75.4) | - |
| Revaluation reserve | 88.2 | 92.1 | (3.9) |
| Legal reserves | 434.0 | 429.6 | 4.4 |
| Retained earnings | 1,414.4 | 1,353.9 | 60.5 |
| Total equity attributable to shareholders of the Company |
5,428.7 | 5,367.8 | 60.9 |
| Non-controlling interests | (0.5) | (0.5) | (0.0) |
| Total equity attributable to shareholders of the Company |
5,428.2 | 5,367.2 | 60.9 |
Non-current liabilities
| ELECTRICA S.A. – 2023 HALF YEAR CONSOLIDATED REPORT |
|||
|---|---|---|---|
| 30 June 2023 (reviewed) |
31 December 2022 (audited) |
Variation abs |
|
| Lease liability – long term | 34.7 | 34.5 | 0.2 |
| Deferred tax liabilities | 220.8 | 212.6 | 8.2 |
| Employee benefits | 133.2 | 117.3 | 15.9 |
| Other liabilities | 70.0 | 72.4 | (2.4) |
| Long-term bank borrowings | 758.9 | 647.2 | 111.7 |
| Total non-current liabilities | 1,217.6 | 1,083.9 | 133.7 |
| Current liabilities | |||
| Lease liability – short term | 17.3 | 19.2 | (1.9) |
| Bank overdrafts | 2,765.5 | 2,571.0 | 194.5 |
| Trade payables | 1,365.1 | 1,407.1 | (42.0) |
| Other payables | 1,313.4 | 867.5 | 445.9 |
| Deferred revenue | 10.0 | 24.8 | (14.8) |
| Employee benefits | 105.5 | 114.2 | (8.7) |
| Provisions | 44.4 | 53.7 | (9.3) |
| Current income tax liability | 9.1 | 1.1 | 8.0 |
| Current portion of long-term bank borrowings | 408.6 | 113.5 | 295.1 |
| Total current liabilities | 6,039.0 | 5,172.2 | 866.8 |
| Total liabilities | 7,256.6 | 6,256.1 | 1,000.5 |
| Total equity and liabilities | 12,684.8 | 11,623.3 | 1,061.5 |
*A condensed form of the financial position is presented
The non-current assets increased by RON 215.5 mn in H1 2023, or 3.0%, to RON 7,477.8 mn. as of 30 June 2023, from RON 7,262.3 mn. at 31 December 2022, this variation being mainly the effect of the RON 211.0 mn. increase of intangible assets related to concession agreements, as a result of a higher level of investments made in the distribution network compared to the amortization related to the analyzed period.
On 30 June 2023, the Group recognized a goodwill worth RON 13.8 mn. for its two new subsidiaries (from the 4 project companies acquired for renewable energy production), on 30.06.2023 holding 100% of the share capital for the two new subsidiaries compared to 31.12.2022 when it had a 60% holding, for the other 2 companies the holding is 30% and they are still considered invested in associated entities in the financial statements. The goodwill is mainly attributed to the know-how of the projects and the synergies that are expected to be achieved from the integration of the companies in the existing businesses of the Group.
At 30 June 2023, current assets increased by RON 845.9 mn. compared to 31 December 2022, from RON 4,361.1 mn. to RON 5,207.0 mn., this evolution being mainly the net effect of evolution of supply segment where are the receivables for subsidies amounting to RON 2,299.9 mn. and trade receivables with an increase of RON 103.5 mn. compared to 31 December 2022.
Below is presented the evolution of current assets' elements that generate most of the variation.
Cash and cash equivalents include cash balances, call deposits and deposits with maturities of up to three months that have insignificant exposure to the fair value change risk, being used by the Group for the management of short-term commitments and for financing of current activity.
Their value decreased by RON 187.7 mn. in H1 2023, reaching RON 147.2 mn., from RON 334.9 mn. at 31 December 2022, the cash being used mainly for the distribution company's investments' internal financing, as well as for working capital financing.
Trade receivables increased by RON 103.5 mn. during H1 2023, to RON 2,569.5 mn., from RON 2,466.0 mn. at 31 December 2022. Following the adoption of the Order no. 118/2021 with subsequent amendments and GEO no. 27/2022, the latter one being amended by GEO no. 119/2022, concerning the capping and compensation mechanism, part of the receivables due to the subsidiary Electrica Furnizare S.A. for the sale of electricity and gas are against the Romanian State through National Agency for Payments and Social Inspection and Ministry of Energy. On 30 June 2023, the amounts estimated to be received from the Ministry of Energy for non-household consumers are RON 10.2 mn. (31 December 2022: RON 20.5 mn.) and RON 37.1 mn. (31 December 2022: RON 21.0 mn.) from the National Agency for Payments and Social Inspection for household consumers.
On 30 June 2023, the subsidies to be collected from the supply segment amount to RON 2,299.9 mn., registering an increase of RON 1,019.1 mn. (as of 31 December 2022, the amount was RON 1,280.8 mn.). The subsidies are collected from the Ministry of Energy as a result of the application of the electricity and natural gas price ceiling mechanism approved by GEO no. 118/2021 with subsequent changes and GEO no. 27/2022.
The non-current liabilities recorded an increase as of 30 June 2023, of RON 133.7 mn., reaching the value of RON 1,217.6 mn., from RON 1,083.9 mn. as of 31 December 2022, mainly as a result of the increase in the long term bank borrowings, of RON 111.7 mn..
At 30 June 2023, the current liabilities increased by RON 866.8 mn., to RON 6,039.0 mn., from RON 5,172.2 mn. at the end of 2022, mainly as a result of the changes in the categories listed below.
The overdrafts increased in H1 2023 by RON 194.5 mn., reaching RON 2,765.5 mn., from RON 2,571.0 mn. at the end of 2022, as the Group has increased its working capital financing methods through overdraft for financing the current activity.
The Group has overdrafts from various banks (ING Bank N.V., Raiffeisen Bank, Banca Comerciala Romana, Banca Transilvania, BNP Paribas, Intesa Sanpaolo Bank, BRD – Groupe Societe Generale, Alpha Bank and UniCredit) with a total overdraft limit of up to RON 2,960.0 mn. (Total overdraft limit as at 31 December 2022: RON 2,743.5 mn.).
The overdraft facilities are used for financing activities. The outstanding balance of the overdraft facilities as at 30 June 2023 is RON 2,765.5 RON mn. (31 December 2022: RON 2,571.0 mn.).
As of 30 June 2023, trade payables decreased by approx. RON 42.0 mn., to RON 1,365.1 mn., from RON 1,407.1 mn. at 31 December 2022, mainly from decreases of balances related to suppliers of electricity in correlation with the decrease in the price of electricity purchased both on the supply segment and on the distribution segment for NL.
Other payables increased in H1 2023 by RON 445.9 mn., reaching RON 1,313.4 mn., from RON 867.5 mn. at the end of 2022, mainly from VAT payable balance increase for the supply segment (RON 334.5 mn.), but also from other payables including mainly guarantees, connection fees, habitat tax and cogeneration contribution.
On 30 June 2023, the current portion of long-term bank loans increased by approximately RON 295.1 mn., or 260.0%, to RON 408.6 mn. on 30 June 2023 from RON 113.5 mn. on 31 December 2022.
According to the General Meeting of the Company's Shareholders on 27 April 2023, the distribution of the net accounting profit of Electrica SA for the financial year 2022 in the amount of RON 24.3 mn. to the following destinations:
The following table presents the consolidated statement of cash flows of Electrica Group (amounts in RON mn.):
| 30 June 2023 (reviewed) |
30 June 2022 (reviewed) |
Variation abs |
|
|---|---|---|---|
| Cash flows from operating activities | |||
| Loose/Profit for the period | 105.6 | (175.5) | 281.1 |
| Adjustments for: | |||
| Depreciation | 8.9 | 9.9 | (1.0) |
| Amortization | 348.3 | 238.3 | 110.0 |
| Capitalised costs of intangible non-current assets | (56.3) | - | (56.3) |
| (Gain)/Loss on disposal of property, plant and equipment and | - | (0.5) | 0.5 |
| intangible assets | |||
| Impairment of trade and other receivables, net | 24.3 | 50.0 | (25.7) |
| Impairment of assets held for sale | - | 0.08 | (0.1) |
| Change in provisions, net | (9.3) | 2.1 | (11.4) |
| Net finance cost | 141.6 | 57.5 | 84.1 |
| Changes in employee benefits obligations Corporate income tax expense |
- 31.6 |
1.7 (28.9) |
(1.7) 60.5 |
| 594.7 | 154.7 | 440.0 | |
| Changes in: | |||
| Trade receivables | (222.1) | (655.2) | 433.1 |
| Other receivables | 1.5 | 17.2 | (15.7) |
| Prepayments | (6.8) | (9.9) | 3.1 |
| Inventories | 19.7 | (12.3) | 32.0 |
| Trade payables | (16.5) | 68.1 | (84.6) |
| Other payables | 433.8 | 215.5 | 218.3 |
| Employee benefits | 2.4 | (23.0) | 25.4 |
| Deferred revenue | (14.7) | 9.7 | (24.4) |
| Subsidy receivables | (1,019.1) | (1,132.1) | 113.0 |
| Cash generated from operating activities | (227.3) | (1,367.4) | 1,140.1 |
| Interest paid | (131.2) | (50.4) | (80.8) |
| Income tax paid | (1.4) | - | (1.4) |
| Net cash from operating activities | (359.9) | (1,417.7) | 1,057.8 |
| Cash flows from investing activities | |||
| Payments for purchases of property, plant and equipment | (0.9) | (4.9) | 4.0 |
| Payments for network construction related to concession agreements |
(376.8) | (261.4) | (115.4) |
| Payments for purchase of other intangible assets | (3.0) | (1.9) | (1.1) |
| Proceeds from sale of property, plant and equipment | - | 2.5 | (2.5) |
| Interest received | 1.1 | 0.4 | 0.7 |
| Payments for subsidies acquisition | (6.1) | (3.0) | (3.1) |
| Net cash used in investing activities | (385.7) | (268.3) | (117.4) |
| ELECTRICA S.A. – 2023 HALF YEAR CONSOLIDATED REPORT |
|||
|---|---|---|---|
| 30 June 2023 (reviewed) |
30 June 2022 (reviewed) |
Variation abs |
|
| Cash flows from financing activities | |||
| Proceeds from long-term bank borrowings | 450.9 | 113.5 | 337.4 |
| Proceeds from overdrafts | 188.1 | 1,737.5 | (1,549.4) |
| Repayment of long-term bank borrowings | (46.5) | (46.5) | - |
| Payment of lease liabilities | (14.6) | (9.6) | (5.0) |
| Dividends paid | (20.0) | (152.3) | 132.3 |
| Net cash used in financing activities | 557.9 | 1,642.6 | (1,084.7) |
| Net decrease in cash and cash equivalents | (187.7) | (43.5) | (144.2) |
| Cash and cash equivalents at 1 January | 334.9 | (405.6) | 740.5 |
| Cash and cash equivalents at 30 June | 147.2 | (449.0) | 596.2 |
*A condensed form of the statement of cash flow is presented
In H1 2023, the net decrease in cash and cash equivalents amounted to RON -187.7 mn. compared with the same period of 2022 where the amount was RON -43.5 mn.
The net cash generated by the operating activity was of RON 359.9 mn. (negative). The net result was RON 105.6 mn. (profit); the main non-monetary elements adjustments for the net profit were: adding the depreciation and amortization of RON 357.2 mn., the impairment adjustments for current assets of RON 24.3 mn., the net finance cost of RON 141.6 mn., the income tax of RON 31.6 mn. and the net change in provisions of RON -9.3 mn.
Changes in working capital had an unfavorable effect, of RON 821.8 mn., the most significant impact being generated by the negative change in trade receivables of RON 221.1 mn., as well as in trade payables, of RON 16.5 mn., and also the positive variation of other payables in amount of RON 433.8 mn. Interest paid amounted to RON 131.2 mn. The receivables subsidies have generated the greatest negative impact amounting to RON -1,019.1 mn.
For the investment activity, the cash used was of RON 385.7 mn., the most significant values being related to the payments for the network construction in connection with the concession agreements, RON 376.8 mn.; these have recorded an increase of approx. 44.1% y-o-y, correlated with the increase in investments in networking compared with the same period of prior year.
The financing activity generated an increase in cash and cash equivalents of RON 557.9 mn., the main factors being the withdrawals from overdrafts RON 188.1 mn., the withdrawals related to the long term borrowings of RON 450.9 mn., effect decreased by the dividends paid to shareholders amounting to RON 20.0 mn., the repayments of long term borrowings – negative effect of RON 46.5 mn. and payment of lease liabilities of RON 14.6 mn..
On 27 April 2023, the General Meeting of the Company's Shareholders approved the distribution of dividends in the amount of RON 39,999 th (2022: RON 152,799 th). The value of the distributed dividends per share is RON 0.1178 per share (2022: RON 0.45 per share).
In H1 2022, the net decrease in cash and cash equivalents amounted to RON -43.5 mn. compared with the same period of 2021 where the amount was RON -178.4 mn.
The net cash generated by the operating activity was of RON 1,417.7 mn. (negative). The net result was RON 175.5 mn.; the main non-monetary elements adjustments for the net profit were: adding the depreciation and amortization of RON 248.2 mn., the impairment adjustments for current assets of RON 50.0 mn., the net finance
cost of RON 57.5 mn., the income tax of RON -28.9 mn. and the net change in provisions of RON 2.1 mn.
Changes in working capital had an unfavorable effect, of RON 1,552.1 mn., the most significant impact being generated by the negative change in trade receivables of RON 655.2 mn. (correlated with the increase in revenues for supply segment), as well as the positive variation in trade payables, of RON 68.1 mn., and also of other payables in amount of RON 215.5 mn. Interest paid amounted to RON 50.4 mn. The receivables subsidies have generated the greatest negative impact amounting to RON -1,132.1 mn.
For the investment activity, the cash used was of RON 268.3 mn., the most significant values being related to the payments for the network construction in connection with the concession agreements, RON 261.4 mn.; these have recorded an increase of approx. 9.8% y-o-y, correlated with the increase in investments in networking compared with the same period of prior year.
The financing activity generated an increase in cash and cash equivalents of RON 1,642.6 mn., the main factors being the withdrawals from overdrafts RON 1,737.5 mn., effect decreased by the dividends paid to shareholders amounting to RON 152.3 mn., the withdrawals related to the long term borrowings – positive effect of RON 113.5 mn., and the repayments of long term borrowings – negative effect of RON 46.5 mn.
On 20 April 2022, the General Meeting of the Company's Shareholders approved the distribution of dividends in the amount of RON 152,799 th (2021: RON 247,874 th). The value of the distributed dividends per share is RON 0.45 per share (2021: RON 0.73 per share).
Electrica Group activates in a key economic sector and therefore is closely monitoring both the national and the international context, in order to make the best tactical decisions in the following period and for addressing the challenges on the short and medium term.
The current strategy of the Electrica Group is built on a set of trends and assumptions, and the acceleration of digitalization is one of its objectives. Thus, it will continue the efforts already started to support investments in IT tools and automation, both for streamlining processes and for increasing the performance of its distribution networks.
Considering the energy policies developed at both EU and national level, as well as the international context of the energy markets, the following trends are expected to characterize on medium and long term the local electricity market:
| Key drivers | Description | Impact on |
|---|---|---|
| GDP evolution and industry structure |
The economic growth is a determinant factor of electricity demand. Although there is not a one-to-one relationship between GDP growth rate and electricity demand growth rate, there is a positive correlation, mainly between the industrial demand for electricity and economic growth. In the future, household and industrial electricity demand will also be influenced by energy efficiency policies. The increase of electricity consumption was a constant trend in Romania in the last years and will be maintained as general direction. However, 2023 saw a sharp decrease in industrial production and, as a consequence, in the first semester the demand for electricity also decreased. |
GDP evolution and industry structure |
| Demographic evolution and technology development |
In contrast with the demographic decline recorded at EU and Romanian level, the electricity consumption is positively impacted by the changes in the consumer behaviour and the increase in electrification. For example, the massive increase in the number of connected devices and implicitly, in a less accelerated manner, in the electricity consumption, maintains the increasing trend of consumption. |
Electricity consumption |
| Changes in regulatory framework |
Approved schemes to support customers in the payment of electricity / gas bills, with initial application between 01 November 2021 – 31 March 2022, which granted price caps, compensation for household customers and exemptions for SMEs, subsequently extended for the period 01 April 2022 – 31 March 2025, which capped the prices applicable to final customers, involve the ex post recovery by suppliers of the amounts related to these schemes, risking affecting the supply activity in case of delays in settlement of amounts incurred by suppliers or their complete non-recovery. As of 2022, the new was enforced, bringing Performance Standard for electricity/gas supply higher quality requirements for the supply of electricity, as well as higher obligations concerning the compensation of customers, including the obligation to pay compensations to all categories of customers in case of breach of quality standards. Starting with 01 May 2022, the new rules for the sale of electricity produced by prosumers enter into force, respectively quantitative compensation for customers with installed power up to 200 kW and financial compensation for customers with installed power between 200 and 400 kW, which will generate a new demand flow for this customer segment. Starting from 06 February 2023, the new Regulation for the supply of electricity to final customers entered into force, bringing a series of novelties with an impact on the supply activity (i.e. supply contract with dynamic prices). The new framework contract for the supply of electricity in the universal service regime is approved, an order that also includes the unique invoice model. Regarding the distribution segment, in 2019 the 4th regulatory period began (2019-2023), and ANRE approved significant changes to the Methodology for all elements of the tariff (regulated rate of return, base of regulated assets, own consumption technological, operating and maintenance costs, dynamic distribution tariffs starting with 2020). The year 2024 represents the transition period from the fourth period (RP4) to the fifth regulatory period (PR5); In 2024, ANRE will approve regional distribution tariffs for DEER established on the basis of a single regulated income and a single NL target; The methodological norms approved by ANRE in October 2022 allow the capitalization starting from 2022 of the additional cost with NL compared to the price recognized in the tariffs. The distribution performance standard brought changes in 2022 regarding the compensations |
Electricity prices |
| Key drivers | Description | Impact on |
|---|---|---|
| granted to customers (10 lei/customer) for not reading the meter indexes on time (domestic 3 months; non-domestic 6 months, prosumer 1 month). As regards the connection of users, the Energy Law was amended in the period 2020-2022, so that: in 2021, OD financed the works of connecting domestic and non-domestic customers with lengths of less than 2.5 km, and starting with 2022, the free service for non-households was eliminated, and for households the obligation to finance by the OD only a connection in the average value established by ANRE was maintained. |
||
| The evolution of the electricity price in the market |
The weighted average price for transactions concluded on DAM for the first semester of 2023 decreased by 49% compared to the first semester of 2022, the trend maintained until the end of the first semester. Between 1 January 2023 and 31 March 2025, the mechanism for the centralized purchase of electricity is established, and OPCOM is appointed sole purchaser. The forecast NL price for 2024 is calculated as a weighted average considering 75% the price approved by MACEE and 25% the DAM price for May 2023. |
Electricity prices |
| Technological development |
Smart networks and smart meters will create benefits for the end consumers, distribution operators and suppliers in terms of energy efficiency, resource optimization and network operation, implementation of demand response etc. It is necessary to prepare the networks and to integrate the distributed resources (storage solutions, micro-grids, local production, electric machines, etc.), also considering the management of their impact. |
Electricity prices and consumption |
| Increase in environmental awareness |
Romania aligns with the EU's imperative to become a sustainable society and to reach zero greenhouse gas emissions in 2050. The 2030 Framework provides ambitious targets and therefore more efforts are needed from governments and companies to achieve them. |
Electricity prices and consumption, regulatory framework |
| Source: Electrica |
The regulatory changes with significant impact in the supply segment are the following:
of consumption and production); were included among the facilities granted to the vulnerable client and the deferment of the invoice payment, upon request, for a period of at least 3 months.
For the supply segment, the legislative changes brought about by the support scheme, namely the granting of ceilings between 01 November 2021 and 31 March 2025, significantly reduced the migration of customers from and to other suppliers, price ceilings eliminating competition from the electricity retail market and natural gases.
For the distribution segment, the significant changes in the Romanian legislation were detailed at chapter 2.2. Subsequent Events.
In 2022, according to the Government's emergency ordinance (OUG) no. 119/2022, the additional costs for the purchase of electricity (determined as the difference between the realized costs and the costs included in the approved distribution tariffs), realized between 01 January 2022 and 31 August 2023, in order to cover the NL, compared to the costs included in the tariffs regulated (and not only loans), are capitalized quarterly and remunerated with 50% of the regulated rate of return (RRR) approved by ANRE, applicable during the amortization period of the respective costs and are recognized as a distinct component in the regulated tariffs, called the component related to additional costs with NL. Also, ANRE developed the Methodological Norms regarding the recognition in tariffs of the additional costs with the purchase of electricity to cover the own technological consumption compared to the costs included in the regulated tariffs, with the aim of establishing the way of substantiating the additional costs with the purchase of electricity for NL coverage as well as the conditions for their recognition in the regulated income on the basis of which the distribution tariffs are established.
According to Emergency Ordinance no. 153/2022, between 1 January 2023 and 31 March 2025, the mechanism for the centralized purchase of electricity is established, with OPCOM being designated as the sole purchaser. The distribution operators ("DO") will buy from OPCOM through an annual/monthly mechanism 75% of the quantity forecast and validated by ANRE at the price of 450 lei/MWh, and the producers will sell to OPCOM through an annual/monthly mechanism 80% of the quantity forecasted and validated by ANRE and Transelectrica at the price of 450 lei/MWh.
The Group's portfolio also includes the energy services segment (equipment maintenance, repairs and other additional services related to the network), performed almost entirely for the distribution companies outside the Group.
Until 30 November 2020, the segment was represented by SEM, and after the absorption merger between SERV and SEM, the segment includes the activity of energy services within SERV.
Electrica Serv will multiply the efforts to develop the market for "green energy" generation solutions – photovoltaic power plants and reactive energy compensators – by strengthening the partnership with EFSA in finding solutions and opportunities for efficiency for customers, by mounting photovoltaic panels and reactive energy compensators, intelligent lighting solutions, backup power, smart metering.
The main objectives of the SERV for the next period are:
For the production segment, the development of the projects already purchased is continued in order to reach the ready to build stage, namely:
In addition to the above-mentioned issues, activities are continued on:
From the analyzes used in the elaboration of the human resources strategy, as well as from more recent analyzes, the labor market faces new challenges, as demographic developments, labor migration, and the evolution of the economy will accentuate the shortage of skilled labor. Also, the acceleration of digitization, in the pandemic and post-pandemic context, the significant technological changes, as well as the process of succession to a new generation, inherent at the Group level, will determine the transition to new profiles for employees that include a mix of skills and, at the same time, real challenges in recruiting new employees with a high level of expertise in the near future.
Electrica Group operates in a competitive market, where the technological progress is very fast and at a time when the approach of companies and employees is changing towards the work process, as it was defined in the past. Salary packages are no longer the only motivational lever. Non-financial benefits and the organizational climate, are increasingly important to attract employees and retaining the valuable ones.
Career opportunities, broadening the area of competence and assigning more significant responsibilities must be part of the strategies and tools used. At the same time, at the Group level, the provision of the necessary human resources and the staff training in key business areas were treated as priority topics, in order to increase labor productivity and individual performance.
The human resources strategy took into account these aspects and, through the proposed projects, aimed at reducing the impact of the negative aspects in the retaining and development of the human resource.
At the same time, considering the evolution of the financial and operational performance, registered during the past years, as well as the transformations and the trends of the energy sector, it was implemented a corporate reorganization plan as a necessary and opportune measure to adapt to the market context. This initiative pursued a series of strategic objectives, such as:
Lately, the company's policies and procedures were revised regarding the implementation of the hybrid working program and the extension of the benefits package granted to employees (i.e. contributions to private pensions Pillar 3) as a measure to adapt to market trends.
On the other hand, the themes of geopolitical evolution as well as trends on the energy market, reveal a concern regarding the inclusion of ESG risks and opportunities in strategic planning, including aspects related to human resources. Among them, the assessment of how organizational culture and talent management could influence ESG policies and objectives to create new opportunities for the workforce, constitute actions in the attention of companies, especially those in the energy sector.
For the year 2023, in line with the objectives and directions included in the IT&C Strategy approved in 2019 and the Digitization Strategy approved in 2022, the Group proposed the continuation of the consolidation for the ERP systems at the Group's subsidiaries as well as at SE Electrica SA level by implementing SAP4Hanna, synchronizing these requirements with the needs, decisions and initiatives to re-organize the divisions and operational departments. Also, as the Group's activity has developed both in terms of the complexity of transactions (and as a result of the new financial reporting standards), as well as in terms of expansion through the acquisition of new
subsidiaries, there is a need to implement a tool at the Electrica Group level - Central Finance, centralized, which will make both the financial reporting process and the planning process more efficient.
In addition to traditional IT&C infrastructure and services, the Group aims to continue and accelerate digitization initiatives and the application of technologies that lead to faster, more flexible and customer-friendly interaction. Last but not least, the Group set out to analyze the options for the next stage of technological development and harmonization; the future Digitization Strategy should take over the results of the current phase in 2023 and place full emphasis on optimizing internal and other processes, with all stakeholders, based on the Group's advanced Digital Transformation technologies.
A core part of Electrica business strategy includes implementing the investment plan. Electrica's activities require significant capital expenditures mostly connected with its operations in the electricity distribution segment. Furthermore, Electrica's assets require periodic maintenance and modernization to improve operational efficiency.
Capital Expenditures approved by the Board of Directors for the year 2023 was in total amount of RON 1,083.2 mn.
Electrica's capital expenditures in the six months period ended 30 June 2023 and 30 June 2022 amounted to RON 394 mn. and RON 232 mn., respectively.
The volume of investments in the distribution network reflects the Group's effort to accomplish the planned level of investments for 2023, especially in the distribution segment.
The volume of investments had a material impact and, according to Electrica's expectations, will continue to have such impact on the results of Electrica's operations, Electrica's indebtedness and future cash flows.
Capital expenditures in the distribution network will only have the anticipated positive impact on Electrica's result of operations to the extent they are recognized in the Regulated Asset Base by ANRE and considering the rate of return approved by the regulatory authority.
Based on the best available information, we confirm that the interim condensed consolidated financial statements reviewed for the six month period ended 30 June 2023 prepared in accordance with OMFP 2844/2016 for the approval of the Accounting Regulations in accordance with the International Financial Reporting Standards adopted by the European Union with subsequent changes, provides an accurate and real image regarding the Electrica Group's financial position, the financial performance and the cash flows, as required by the applicable accounting standards, and that this Report, prepared in accordance with art. 67 of the law no. 24/2017 on issuers of financial instruments and market operations and to annex no. 14 to ASF Regulation no. 5/2018 for the six months period ended 30 June 2023, comprises accurate and real information regarding the Group's development and performance.
Chair of the Board of Directors, Iulian Cristian BOSOANCA
Chief Executive Officer,
Alexandru-Aurelian CHIRITA
Chief Financial Officer,
Stefan Alexandru FRANGULEA
| Indicator | Formula | Value |
|---|---|---|
| Current liquidity ratio | Current assets/Current liabilities | 0.86 |
| Capital Gearing Ratio | Debt/Equity * 100 | 22.1% |
| Trade receivables turnover | Average balance trade receivables/ Turnover * 90 |
96 days |
| Non-current asset turnover ratio | Turnover/Non-current assets | 0.65 |
ANRE has issued documents for the regulatory framework that requires additional efforts from distribution operators in order to comply with the new requirements:
| 2023 | ||
|---|---|---|
| Regulations regarding tariffs: |
▪ | The distribution rates approved starting with 01 April 2023 were approved by ANRE Order no. 27/2023, the regional average tariffs for DEER having the following increases compared to the tariffs from 01 April 2022: MN +26.1%, TN +21.5%, TS +10.9%; - effective from 01 April 2023. |
| ▪ | The specific tariffs applicable starting from 01 April 2023 are composed of the main component and a component related to additional costs with NL, the latter was not subject to the 7% limitations imposed for tariff increases, being recognized as a distinct component of tariffs related to capitalized costs recognized with additional NL for the year 2022, amortized over a period of 5 years from the date of capitalization and remunerated with 50% of the regulated rate of return approved by ANRE, according to GEO no. 119/2022. |
|
| • | ANRE Order no. 1/2023 for the modification and completion of some orders of the ANRE - effective from 17 January 2023 ▪ The methodology for establishing distribution tariffs - is modified and provides for the granting of the RRR incentive of 2% for investments from EU funds only if they have not benefited from the PCI incentive |
|
| The project was developed as a result of ANRE's obligation to present to ACER, by 24 January 2023, the methodology and criteria used to evaluate investments, ▪ in the sense of alignment with Regulation (EU) 2022/869: ▪ energy infrastructure projects and high risk assessment |
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| the specific risks to which offshore networks for energy from renewable sources are exposed ▪ |
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| • | ANRE order no. 79/2023 regarding the modification and completion of the Methodology for establishing tariffs for the electricity distribution service, approved by ANRE Order no. 169/2018 - effective from 10 July 2023 ▪ The changes take into account the definition of the year 2024 as a transition year from RP4 to RP5 and the establishment of the target income for the year 2024 according to the Methodological Norms that complete the Methodology (Annex 1^1) ▪ For DEER, in 2024: single regulated revenue, zonal distribution tariffs, single NL targets. ▪ For all DOs: ▪ The 2024 NL target is established using the reduction gradient 2023 compared to 2022 applied to 2023 ▪ The 2024 NL reference price is calculated as a weighted average considering 75% the price approved by MACEE and 25% the DAM price in May 2023. |
|
| The regulated rate of return for 2024 remains at 6.39% ▪ ▪ The inflation rate used to calculate the 2024 tariffs is equal to the one forecasted by CNP for the year 2024. ▪ The inflation corrections related to RP4 will be calculated in 2024 and will be added to the target income of 2025 |
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| • | ANRE Order no. 82/2023 regarding the modification and completion of ANRE orders – effective 15 August 2023 ▪ Energy technical norm regarding the determination of own technological consumption in public interest electric networks - NTE 013/16/00, approved by ANRE Order no. 26/2016 ▪ it is stipulated that the determination of the quotas assigned to the producers and the transport operator from the amount of NL related to the additional transit of electricity from the 110 kV electrical networks, should be carried out by the DO ▪ The methodology for establishing tariffs for the electricity distribution service, approved by ANRE Order no. 169/2018 ▪ DO recovers from the TSO the counter value of the amount of NL related to the additional transit of electricity, for the quotas assigned to producers |
|
| and TSOs. the amount of NL related to the additional transit of electricity from the 110 kV electrical networks, determined according to ANRE regulations, is taken ▪ |
| 2023 | |
|---|---|
| into account in the annual correction of the regulated NL at the request of the operator, by reducing the amount of NL realized. ▪ the revenues recorded from the recovery from the TSO of the counter value of the amount of NL related to the additional transit of electricity from the 110 kV electrical networks are not taken into account when determining the corrections of the regulated income. |
|
| • Draft Order regarding the modification and completion of the Methodological Norms regarding the recognition in tariffs of the additional costs with the purchase of electricity to cover NL compared to the costs included in the regulated tariffs, approved by ANRE Order no. 129/2022 – public consultation |
|
| ▪ Introduction of provisions regarding the method of determining additional costs with NL for the period 1 September 2023 – 31 March 2025, respectively: the introduction of the obligation to transmit by DO/TSO the forecasts of the quantities of electricity in the balance sheet, broken down by quarters; ▪ ▪ the cost with NL for quarter 1 2023 is calculated as the product of the price and quantity of NL quarter 1 2023, used to calculate the rates 1 April 2023; ▪ the cost with NL for quarters 2-4 of 2023 included in the tariffs, is calculated as the difference between the cost with NL 2023 used in the tariffs on 1 April 2023 and the cost with NL quarter 1 2023 realized costs recognized ex-ante, based on the costs realized in the first 3 quarters and the estimated costs for the 4th quarter (determined on the ▪ basis of the quantity and price of NL included in the tariffs) |
|
| ▪ Completing/amending some existing provisions regarding: transmission of the values achieved for the first 3 quarters of 2023 by the deadline of 31 October of the current year, ▪ ▪ the transmission of the annual values of the current year, broken down by quarters, until the deadline of 15 February of the following year the method of recognizing capital costs so that they are applicable for the entire period 1 September 2023 – 31 March 2025. |
|
| Investments Procedure |
• ANRE Order no. 1/2023 for the modification and completion of various orders of the ANRE - effective from 17 January 2023 ▪ Methodology for the evaluation of investments in projects of common interest (PCI) approved by ANRE Order no. 139/2015 is amended as follows: ▪ expanding the scope of the Methodology for DO investments (in addition to TSOs) granting a 1% RRR incentive for PCI ▪ ▪ expanding the scope of the type of PCI from electric transmission networks to: a) electric transmission and distribution networks; b) offshore networks for energy from renewable sources; c) projects that integrate innovative technical solutions and which, although they have low capital costs, involve significant operating costs. |
| • ANRE Order no. 6/2023 for the completion of the Procedure regarding the substantiation and approval of the investment plans of TSOs and DOs, approved by ANRE Order no. 98/2022 - effective from 13 February 2023 ▪ provides for the submission by DO to ANRE of the Development Plan for the period 2024-2033, by 1st of July 2023 ▪ Modifications consider the recognition of DO investments in energy storage and production of energy for consumption and NL: ▪ the inclusion in the category of justifiable investments of energy production facilities from renewable sources for NL supply and control consumption in the station; ▪ the inclusion of electricity storage facilities in the category of necessary investments; ▪ the possibility for DO to own storage facilities, by exception from the provisions of the Energy Law (art. 46^1 par. (1)), only with prior approval by ANRE; ▪ establishing the method of calculating the economic efficiency of investments in production/storage, for the purpose of recognition by ANRE (Annex no. 8). |
|
| • Order no. 80/2023 for the modification and completion of the Methodology for evaluating the financing conditions of investments for the electrification of localities or for the expansion of electricity distribution networks approved by ANRE Order no. 36/2019, with subsequent amendments and additions – effective from 20 July 2023 |
|
| ▪ obligation for the DO to return to the public authority and/or the user/group of users, the financing quota paid by them and to take ownership of the network elements related to the returned quota, in the situation where the respective network is located in the urban area of the locality. The deadline for the refund of the financing quota is 31 January of the calendar year following the one in which the network was put into operation. ▪ the ineffective share of the work of electrification/extension of the electricity network, resulting from the recalculation based on the value without VAT from the |
| 2023 | |
|---|---|
| minutes of reception of the commissioning, returned by the DO to the public authority and/or the user/group of users, is recognized in the regulated income of the DO of the year following the restitution, based on supporting documents regarding the amount and proof of the restitution. ▪ for the electrification or expansion of electrical distribution network carried out through co-financing, the deadline for the recalculation of the efficiency ratio of the works has been extended to 30 days from the completion of the works and the signing of the acceptance minutes upon completion of the works and acceptance of the commissioning. ▪ for the works carried out in the outskirts of the localities, the maximum term of 90 days was specified in which the DO and the co-financing participants, respectively the local authority and/or the user/group of users pay the regularization amounts in correlation with the recalculated investment efficiency rate. 90 days before the expiration of the 5-year term from the network's commissioning, ODC recalculates the investment efficiency rate resulting from the subsequent connection of other users and returns to the financing co-participants the difference between the co-financing rate that was due to them initially and the co financing rate resulting from the efficiency recalculation. for the implementation of local electrification works/network extension, in the case of co-financing, DO together with the public authority in its own name and/or ▪ as a representative of the users, as the case may be, or together with the user/group of users through an authorized representative tripartite contract for the execution of works with a certified economic operator, in compliance with the legal provisions in force. ▪ The modifications and additions apply to the public authority/user/group of users who submitted an application for the development of the electrical distribution network for the electrification of the locality or for the expansion of the electrical distribution network, after the date of entry into force of Law no. 248/2022 regarding the approval of GEO no. 143/2021 for the amendment and completion of the Electricity and Natural Gas Law no. 123/2012, as well as for the modification of some normative acts, with subsequent modifications, respectively 25.07.2022. |
|
| Licenses | ▪ ANRE Order no. 66/2023 regarding the approval of the Regulation for the authorization of electricians in the field of electrical installations, respectively of project verifiers and quality technical and extrajudicial experts in the field of technological electrical installations – effective from 1 May 2023 ▪ the proof of the qualifications of an authorized electrician in the field of electrical installations, an authorized project verifier or a quality technical expert and authorized extrajudicial in the field of technological electrical installations will be achieved by the issuance by the competent authority of an authorization, a nominal and non-transferable document; ▪ the method of submission of documents by applicants will be realized by uploading them on the ANRE portal or in the PCUe platform and eliminating the possibility of submitting them directly to the ANRE registry or by post; ▪ modification of the procedure for organizing the examination for the authorization of electricians, respectively the interview for the authorization of project verifiers, as well as quality technical and extrajudicial experts in the field of technological electrical installations; it is proposed to facilitate obtaining the qualification of licensed electrician, by completing the list of acceptable professional qualifications (CPA) with a new ▪ qualification (CPA 4.1) which is applicable to qualified workers in the field of energy, electrotechnical, electromechanical or electrical installations for constructions, having also the diploma baccalaureate in a field other than these. |
| Smart metering regulations (SMR): |
▪ ANRE Order no. 13/2023 approving the contract - framework for the provision of electricity in the universal service regime, the general conditions for the provision of electricity in the universal service regime and the invoice model applicable to household customers - effective from 01 April 2023 Provisions regarding the SMR in the framework contract for universal service electricity supply framework – ▪ DO have the obligation to invoice monthly the distribution service to end customers with meters integrated in the SMR based on the recorded data; ▪ DO have the obligation to ensure the meter reading and to communicate monthly the measured data for customers who have meters integrated in the SMR in case the connection to the communication system is interrupted; ▪ for final customers who have meters integrated in SMR, regularization invoices are not issued. |
| Technical regulations |
a) Network connection ANRE Order no. 4/2023 for the modification and completion of ANRE orders in the field of connection to the public interest electric network of ▪ users - effective from 03 February 2023 ▪ the modification and completion of the following regulations, in the sense of including the possibility of household customers, PFA, individual businesses, family businesses and public institutions whose places of consumption are connected to LV, as well as prosumers, to purchase the metering group or the protection block and measure fully equipped, including the meter in compliance with the technical specifications provided by TSO/DSO: |
| 2023 | ||
|---|---|---|
| o Connection Regulation o The procedure regarding the connection to LV networks of household customers - ANRE Order no. 18/2022 Connection framework contracts - ANRE Order no. 105/2022 o o The procedure regarding the connection to the networks of the prosumers - ANRE Order no. 19/2022 ▪ TSO/DSO is obliged to reimburse the user the value of these equipments at the terms established in the connection contracts; the reimbursement is made on the basis of the supporting documents presented by the user, without being limited to: tax invoice, compliance certificates, warranty certificates, etc. ▪ the obligation of the DO to mount the meter is maintained, the deadlines in force stipulated in the connection contracts being maintained. |
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| Technical regulations |
▪ | ANRE order no. 11/2023 for the modification and completion of the Methodology for issuing location notices by network operators, approved by ANRE no. 25/2016 - effective from 13 March 2023 ▪ the definition of "risk analysis" was introduced as technical-economic documentation for the analysis of the impact of non-compliance with the regulated coexistence conditions. This is drawn up by a quality and extrajudicial technical expert in the field of technological electrical installations, who holds a license/certificate issued by ANRE, or by a qualified expert in the prevention and reduction of technological risks ▪ clarifications were made regarding the use of the favorable location notice conditional on the issuance of the building permit. ▪ through the changes made, it will allow the use of the coexistence study drawn up in the approval phase of the urban planning documentation and in the procedure for issuing the site approval. |
| ▪ | ANRE Order no. 21/2023 regarding the modification and completion of the Methodology for the exchange of data between the transport operator and the system, distribution operators and significant network users approved by ANRE Order no. 233/2019 - effective from 04 April 2023 the introduction of electricity storage facilities connected individually to the electrical network, with a response in providing active power distinctly from electricity ▪ production facilities; ▪ detailing the relevant system users who are the subject of information transmission to DO and TSO; detailing the method of transmitting data from relevant system users, directly and indirectly, to DO and TSO. ▪ ▪ in accordance with the provisions of the norm for connecting storage facilities, it is necessary to specify: o communication path, redundancy and data exchange for storage facilities. These storage installations can be linked with the electricity production installation or they can be operated independently. o how the programmed and planned data exchange is carried out until the provisions of ANRE Order no. 127/2021, with subsequent amendments and additions. |
|
| ▪ | ANRE Order no. 60/2023 for the modification and completion of the Methodology for establishing user connection rates to public interest electrical networks, approved by ANRE Order no. 11/2014 – effective from 21 April 2023 ▪ completion of the list of normative acts, with ANRE Order no. 105/2022, within which the two types of strengthening works are defined: specific and general. ▪ if general strengthening works are needed to connect a production site or a consumption and production site, the calculation method currently provided in the Methodology is maintained. Thus, the users will bear the costs of the general strengthening works established on the basis of the general estimate, but no more than a calculation value, established taking into account the power approved for discharge into the network for the respective place of production/consumption and production, as well as the specific rates approved by ANRE. |
|
| ▪ | ANRE order no. 70/2023 for the modification and completion of some ANRE orders in the field of connection to the public interest electric network of users – effective from 31 May 2023 ▪ Regulation regarding the connection of users to the public interest electrical networks approved by ANRE Order no. 59/2013: ▪ in the case of existing power plants/generating units from renewable sources for which the retrofitting projects lead to an increase of up to 15% of their total installed power compared to the value recorded in the valid connection certificate, the issuance of the technical connection approval is carried out within the maximum 3 months from the date of registration of the connection request and the complete documentation at the DO/TSO, with the exception of the case where there are justified concerns in terms of safety or there is a technical incompatibility with the system components. |
|
| ▪ Procedures regarding the connection to the electric networks of public interest of places of consumption and production belonging to prosumers approved by ANRE Order no. 19/2022: description of the rules for connecting to an existing place of consumption/place of consumption and production of electricity production facilities from ▪ renewable sources of prosumers and demonstration projects, with installed powers of no more than 10.8 kW for three-phase or equivalent connections |
| 2023 | ||
|---|---|---|
| of this power for connections other than three-phase ones. ▪ according to GEO no. 163/2022, "in case of a decision approving the connection of the distribution operator or in the absence of a decision on his part, , the period between the date of the within one month from the notification, the installation or the aggregate production unit can be connected" notification regarding the installation of generating units at a place of consumption/consumption and production or the connection of demonstration projects and the date of putting under voltage is a maximum of 1 month. |
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| ANRE Draft order for the amendment and completion of ANRE Order no. 239/2019 for the approval of the Technical Norm regarding the ▪ delimitation of protection and safety zones related to energy capacities - public consultation clarifications regarding the use of the formula for calculating the size of the safety zone Z(sig), established in point 2.3 of Annex no. 6 to Norm; ▪ ▪ the restriction regarding the application of the provisions of the Norm in the regulated passage corridor of the LEA, respectively in the area located between the limit of the safety zone and the limit of the regulated passage corridor, and their application only in the safety zone of the LEA, whose width is calculated with formula from point 2.3 of Annex no. 6 to Norm; ▪ the conditions under which the risk analysis will be required have been specified, depending on the positioning of the objectives in relation to the safety zone and respectively in the area located between the limit of the safety zone and the limit of the standard passageway; ▪ provisions were established regarding the placement of photovoltaic panels on the roofs of buildings. |
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| ANRE Draft Order for the amendment and completion of ANRE Order no. 102/2015 for the approval of the Regulation on the establishment of ▪ solutions for connecting users to electric networks of public interest - public consultation ▪ addition to the list of situations in which the connection solution is established by the solution sheet: o of consumption places owned by authorized natural person users, individual businesses, family businesses and public institutions that connect to the low voltage network, regardless of the requested power; of the places of consumption and production belonging to prosumers who own electricity production units from renewable sources with an installed power o of no more than 400 kW per place of consumption; o of the local public authorities that have the capacity to produce electricity from renewable sources made, partially or totally, from structural funds, and that benefit from the suppliers with whom they have an electricity supply contract, on request, from the financial regularization service. ▪ the introduction of the provision according to which the solution study must also contain connection options with the operational limitation of the maximum power that can be discharged into the network in situations/operating regimes with N-1 elements in operation that have the effect of overloading the network and, consequently, the impossibility of the network elements remaining in operation and of the network as a whole to operate for an unlimited time under these conditions. the introduction of the provision according to which in the solution sheet or, as the case may be, in the solution study, it must be highlighted whether in the ▪ connection solution the electrical networks for which strengthening works have been executed or are being executed to create the technical conditions required to connect several production/consumption and production sites (general strengthening works), financed by users who benefit from the same strengthening works and whose utility installations are energized before the user's own utility installations. It is also stipulated that, in this case, the data on which the participation quotas due to the users who financed the strengthening works are calculated are to be specified in the solution sheet or in the solution study. ▪ the elimination of the phrase dispatchable/non-dispatchable with regard to generating units/power plants, taking into account the provisions of ANRE Order no. 127/2021. |
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| ▪ ANRE Draft order for the amendment and completion of ANRE Order no. 95/2018 regarding the approval of the mandatory clauses in the contracts for the provision of services in order to carry out the connection works to the electric grids of public interest - public consultation the proposed amendment refers to the price that TSO/DSO pays to the economic operator certified by ANRE for the provision of services for connection works ▪ to public interest electrical networks; ▪ the provision according to which the price of the contract, initially estimated, is fixed is replaced by a provision that orders the updating of this price, corresponding to the effective consideration of the services performed for the realization of the connection installation. The price of the contract, initially estimated, represents the costs for making the connection installation established by the TSO/DSO through the connection tariff or, if the contract is concluded by the TSO/DSO with a specific designer and/or certified builder, chosen by the user, the price is the agreed following the negotiation between the economic operator and the user. ▪ the price update will be carried out through an addendum to the contract. |
| 2023 | ||||
|---|---|---|---|---|
| ▪ it is proposed to include a provision according to which the provisions of the order should apply including to users for whom, on the date of entry into force of the order, TSO/DSO have concluded contracts for the provision of services in order to carry out connection works to the public interest electrical networks, but for which the installations connection were not put into operation. |
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| b) Prosumers |
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| ▪ ANRE Draft Order for the modification and completion of the Methodology for establishing the rules for the commercialization of electricity produced in power plants from renewable sources with an installed power of no more than 400 kW per place of consumption belonging to prosumers, approved by ANRE Order no. 15/2022 – public consultation Draft order proposes: ▪ clarification on how to apply the quantitative compensation between the electricity consumed and the electricity produced and delivered in the electricity network by the prosumers who own RES electricity production units with an installed electric power of no more than 200 kW per point of consumption detailing the method of settlement of the electricity produced and delivered in the electricity network at one or more places of production and consumption ▪ where they have the capacity of prosumers with the electricity consumed from the same electricity network at other places of production and consumption/places of consumption of them, a facility that was introduced by GEO no. 163/2022. |
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| c) Storage ▪ ANRE Order no. 3/2023 regarding the approval of the Technical Norm "Technical requirements for connection to public interest electrical networks for electricity storage facilities and the notification procedure for connecting electricity storage facilities" - effective from 20 January 2023 The norm was developed by the TSO, it establishes technical requirements for connected storage installations: individually to the public electricity network, classified in categories A, B, C and D in a similar way to electricity production facilities; ▪ ▪ within the electricity production sites; ▪ within the places of electricity consumption. |
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| d) Distribution service performance standard ▪ ANRE Order no. 13/2023 approving the contract - framework for the provision of electricity in the universal service regime, the general conditions for the provision of electricity in the universal service regime and the invoice model applicable to household customers - effective from 01 April 2023 Provisions related to the Standard distributed in the contract - universal service electricity supply framework - the compensations and penal interest that the household customer is entitled to receive for the supplier's non-compliance with the obligations stipulated in the Performance Standard for the activity of supplying electricity and for the non-compliance by the distribution operator with the performance indicators stipulated in the Performance Standard for the electricity distribution service, in force. |
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| Conformity | ▪ Draft Order for the modification and completion of some orders issued by ANRE - public consultation ▪ a period for appointing compliance agents nominated by DO/OI and approved by ANRE was introduced: 2 calendar years; provisions were introduced regarding the obligations of the DO/OI before the expiration of the period for appointing the compliance agent: their obligation to ▪ make a nomination at least 60 calendar days before, in order to approve a new compliance agent by ANRE or the re-notification of the same compliance agent; ▪ some provisions related to the attributions/obligations of the compliance agent were modified/completed in order to clarify/explain them; ▪ aspects related to the documents that will accompany the compliance agent's report have been clarified in case there are issues that remain in disagreement regarding the relationship between the DO/OI and the compliance agent: Annex 3 to the Regulation) some aspects related to the way of submitting to ANRE the reports drawn up by the compliance agencies and the documents accompanying the report were ▪ clarified; |
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| ▪ a deadline was introduced for the publication by the DO/OI, on the website, of the compliance agent's report and, as the case may be, the table attached to it: until 31 January of the year following the year for which the report is made; ▪ a term has been provided until which the approvals for the nomination of compliance agents issued by ANRE remain valid until the date of entry into force of |
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| this draft order: 31 December 2023; ▪ a deadline has been introduced by which the DO of electricity/natural gas and the OI of natural gas must submit to ANRE the nomination of the compliance agent, together with the documents certifying compliance with the criteria of independence and professional capacity: 31 October 2023 ▪ the provisions of the following regulations were updated, in order to be in agreement with the provisions of the Regulation: o The general conditions associated with the license for the provision of the electricity distribution service by the concessionaire economic operators of the electricity distribution service, approved by ANRE Order no. 73/2014; |
| 2023 | ||||
|---|---|---|---|---|
| o The framework conditions of validity of the operating license of the natural gas distribution system approved by ANRE Order no. 84/2014; o The framework conditions of validity associated with the license for carrying out the operation of the underground natural gas storage system approved by ANRE Order no. 109/2018. |
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| Commercial (Trading) Regulations |
ANRE Order no. 5/2023 for the approval of the Regulation for the supply of electricity to final customers - effective from 6 February 2023 ▪ ▪ the need to correlate the provisions of the Electricity Supply Regulation to final customers with the provisions of Law no. 123/2012 of electricity and natural gas, as amended and supplemented by GEO no. 143/2021, and Annex 1 to Directive (EU) 2019/944. elimination of the provisions that refer to the activity of the DO in the relationship with the supplier and its obligations regarding its own activity ▪ ▪ detailing the way in which DO ensures unrestricted, free and guaranteed access to the information in the database regarding the places of consumption connected to the electrical distribution network in the license area; ▪ the introduction of the notion of an active client, the quality of an active client is certified, by the DSO/TSO, for: a. participation in flexibility or energy efficiency programs, to which the customer's place of consumption is connected; b. the production of electricity, by the DSO/TSO to which the place of consumption and production is connected; ▪ elimination of the obligation to conclude the consumption agreement by the customer at the conclusion of the electricity supply contract; ▪ the customer's possibility to ask the supplier to change the monthly values from the consumption agreement for a determined period, these being applied by the DO and the supplier starting with the 1st of the month following the one in which he received the new values; ▪ the consumption data from the consumption agreement can be modified by the DO at any time during the execution of the electricity supply contract, including the data from the consumption agreement modified by the customer, in order to adapt to the actual consumption achieved; ▪ DO has the obligation to verify the necessity of changing the data related to the consumption convention with the same frequency with which the reading of the index of the measurement group takes place. If the DO modifies the data in the consumption agreement, it transmits the modified values to the supplier; ▪ the introduction of the obligation of the DO to ensure the reading of the index of the measurement group at a time interval of maximum 3 months in the case of places of consumption belonging to household customers, except for those integrated in the SMR; in the event that the DO has not performed the reading within the time frame established by the legal provisions in force, in order to issue the regularization ▪ invoice, the latest self-read index and communicated by the client is used after the most recent index read and communicated by the DO. The regularization period cannot be longer than 3 years; ▪ elimination of the conditions for concluding the distribution contract directly by the end customer; specifying that the conclusion of the distribution contract must be carried out by the final customer with the DO only if the place of consumption has several suppliers at the same time or is the subject of participation in the aggregation by an independent aggregator; ▪ ANRE Order no. 13/2023 approving the contract - framework for the provision of electricity in the universal service regime, the general conditions for the provision of electricity in the universal service regime and the invoice model applicable to household customers - effective from 01 April 2023 Provisions with impact on DO in the contract - universal service electricity supply framework - regulates the way in which the contracts in force are applied under the conditions of entry into force of the order and also provides that the price from the universal service offer is applied for a period of minimum 3 months. Provisions with impact on DO: ▪ the reading interval of the measurement group index is at most 3 months; ▪ regularization of electricity consumption is done for a maximum of 3 months and is included in the first invoice issued after reading the index by the distribution operator (DO); communication through the invoice of the time interval for reading the index of the measurement group by the DO representative; ▪ ▪ invoicing based on the data established by the electricity consumption convention for the invoicing periods in which the index of the metering group is not read and the household customer does not transmit the self-read index; |
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| Compliance Regulation Primary |
No changes or additions to the legislation were issued until the moment of publication of this report. No changes or additions to the legislation were issued until the moment of publication of this report. |
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| legislation: | ||||
| Alignment with the |
Electricity market functioning | |||
| European legislation - EU |
▪ ANRE Order no. 12/2023 for the approval of the Regulation regarding the organized framework for trading on the organized future electricity markets administered by the Electric Energy and Natural Gas Market Operator OPCOM S.A., which aims to simplify the organized framework for |
| 2023 | ||||
|---|---|---|---|---|
| Regulation no. 943/2019: |
trading electricity on the markets organized by future electricity, through the trading platforms managed by S.C. OPCOM S.A – effective from 28 March 2023 Provides rules that refer to: the types of products that can be traded on the standardized and flexible term product markets; ▪ ▪ the method of establishing offers for the sale or purchase of electricity; |
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| ▪ the way of organizing auctions/trading sessions; ▪ the way of establishing transactions and contracting the traded energy; ▪ the way of managing and publishing information on participants, offers and concluded transactions. |
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| ▪ ANRE Order no. 20/2023 for the approval of the Regulation on the organization and operation of the organized electricity market, administered by the Romanian Stock Exchange - S.A. – effective from 05 April 2023 Provides rules that refer to: ▪ Introduction of a chapter on organized market segments |
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| ▪ The introduction of new products, namely flexible products and products derived from the field of electricity, settled by physical delivery ▪ Description of the trading mechanisms used Expanding market transparency information ▪ |
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| ▪ Introduction of requirements regarding the use of a liquidity provider Upon entry into force of the order, ANRE Order no. 117/2022 for the approval of the Regulation on the organization and operation of the electricity futures contract market organized by the company Romanian Stock Exchange S.A., and within 30 days of approval, BRM publishes the operational procedures according to the Regulation entered into force. |
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| ANRE Order no. 17/2023 for approval of the methodology for monitoring the wholesale electricity market - effective from 03 April 2023 ▪ the purpose and scope of the methodology for monitoring the wholesale electricity market have been extended to include ANRE's monitoring obligations as a ▪ result of the changes brought about by the entry into force of Law 123/2012, and the increased complexity of the types of data/indicators required by the relevant European institutions (ACER/CEER); ▪ update definitions/abbreviations used, reference documents referred to in the regulatory proposal and economic operators to which the provisions of the monitoring methodology apply; |
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| ▪ taking into account the amendments made to Law no. 123/2012, the system of specific indicators for the markets on which electricity is traded (structure indicators, market efficiency/performance assessment indicators, market participant behaviour indicators) has been adapted and completed for each of the monitoring entities with responsibilities in the field (ANRE, NEMO and TSO). ▪ for a clearer understanding of how to report and therefore for accurate, complete and timely reporting, additional details have been provided on the data required |
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| on the monthly templates submitted by market participants. ▪ ANRE Order no. 18/2023 for approval of the methodology for monitoring the retail electricity market - effective from 04 April 2023 the scope and coverage of the methodology for monitoring the retail electricity market have been extended to include ANRE's monitoring obligations as a result ▪ of the amendments to Law 123/2012 and the increased complexity of the types of data/indicators frequently requested by the relevant European institutions (ACER/CEER); |
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| ▪ the system of indicators allows for a European approach to monitoring the retail electricity market, as they are developed in line with the public documents developed by CEER on the proper functioning of retail electricity markets in Europe, working tools for regulators in member countries. ▪ for a clearer understanding of how to report and therefore for accurate, complete and timely reporting, the data aspects required on the monthly templates submitted by retail market participants have been detailed. |
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| ▪ ANRE Draft Order regarding the repeal of ANRE Order no. 97/2013 for the approval of the rules regarding the purchase of electricity to cover own technological consumption related to electrical networks - public consultation ▪ Considering the fact that the provisions included in the ANRE Order no. 97/2013, regarding the acquisition by TSOs and DOs for NL coverage related to the electrical networks they operate, were taken over within ANRE Orders no. 213/2020, respectively no. 127/2021, with subsequent amendments and additions, it is proposed to repeal ANRE Order no. 97/2013, with subsequent amendments and additions. |
In 2023, with an impact on the electricity and natural gas supply activity, the following normative acts were adopted:
▪ Law no. 5/2023 — Law on the amendment and completion of Law no. 220/2008 for the establishment of the system for the promotion of energy production from renewable energy sources
2023
is amended and supplemented Law no. 220/2008 regarding the trading of green certificates after the expiration of the accreditation period, the recovery of improperly issued green certificates, etc.
Law no. 15/2023 Law on the approval of the Government Emergency Ordinance no. 3/2022 for the amendment and completion of the Government Emergency Ordinance no. 118/2021 regarding the establishment of a compensation scheme for the consumption of electricity and natural gas for the cold season 2021—2022, as well as for completing Government Ordinance no. 27/1996 regarding the granting of facilities to people who live or work in some localities in the Apuseni Mountains and in the "Danube Delta" Biosphere Reserve - GEO no. 3/2022 is approved.
- GEO 166/2022 is amended/supplemented with the following specifications:
During the reference period, at the level of the regulatory framework, the following changes and additions were registered:
the ANRE president:
enters into force on 06 February 2023 (with the exception of some provisions that have other application dates);
the Regulation on the supply of electricity to final customers is approved;
the framework contract for the provision of the electricity distribution service concluded between the concessionaire distribution operator and the supplier (approved by ANRE Order no. 90/2015) is amended/completed, the Methodology for setting tariffs for the electricity distribution service by operators, other than concessionaire distribution operators (approved by ANRE Order no. 102/2016);
is repealed ANRE Order no. 235/2019 for the approval of the Regulation for the supply of electricity to final customers, ANRE Order no. 171/2020 for the approval of the Electricity Supply Conditions by the suppliers of last resort, ANRE Order no. 181/2018 for the approval of the Procedure regarding the regime of financial guarantees established by final customers at the disposal of electricity suppliers and for the amendment of the Regulation on the supply of electricity to final customers, ANRE Order no. 85/2015 for the approval of the tripartite framework agreement concluded between the supplier, the network operator and the final customer of the network contract and of the multiparty framework agreement concluded between the final customer, suppliers and the network operator, ANRE Order no. 96/2015 for the approval of the Regulation regarding the activity of informing final customers of electricity and natural gas;
through the Regulation on the supply of electricity to final customers, new notions were introduced regarding the supply contract with dynamic prices (obligation to make an offer/contract with dynamic prices for EFSA) and active customers with new obligations for the supplier (existing condition of the energy supply contract both for the place of consumption and for the place of consumption and production);
the main provisions amended/supplemented by the new Regulation are:
o to the vulnerable client, they included among the facilities granted and the deferment of the payment of the invoice, upon request, for a period of at least 3 months (submission to the provider with whom he has access to medical documents for people who require life support by electrical devices for the insurance continuity of supply);
▪ ANRE order no. 9/2023 — Order regarding the establishment of the mandatory quota for the purchase of green certificates for the year 2022
the mandatory rate for 2022 was set at the level of 0.4934314 CV/MWh (compared to 0.5014313 CV/MWh the estimated rate for 2022 and 0.449792 CV/MWh the mandatory rate for 2021);
enters into force on 01 March 2023.
▪ ANRE order no. 10/2023 — Order for the approval of the Methodology regarding the determination of the minimum stock level of natural gas that the holders of the natural gas supply licenses have the obligation to constitute in the underground storage warehouses
the Methodology regarding the determination of the minimum natural gas stock level that the holders of the natural gas supply licenses are obliged to set up in the underground storage warehouses is approved - Natural gas suppliers, for the quantities delivered to final customers (PET direct customer) who have opted for the purchase of natural gas directly from natural gas producers, fulfill their obligation regarding the establishment of the minimum stock of natural gas by:
o storing natural gas in one's own name, by concluding contracts for underground natural gas storage with one of the holders of the license to operate underground natural gas storage systems; and/or
at least 3 months or agreed upon by the parties; the provisions of the Regulation were correlated with those of Order 3/2022 - POSF; the mandatory information to be included in the invoice has been updated, establishing the essential priority information that must be included on the first page of the invoice, so that the end customer knows the invoiced consumption and how much he has to pay for it, and on the second page of the invoice to detail this priority information;
amendment of ANRE Order no. 106/2014 regarding the methods of informing end customers by natural gas suppliers regarding the commercial conditions of natural gas supply; the provisions related to the content of the standard offer have been completed/detailed, in the sense of detailing the final price per component; a provision was included according to which it must be specified whether the price of natural gas within the standard offer is fixed or variable;
the repeal of ANRE Order no. 96/2015, regarding the provision of information to final natural gas customers by suppliers
▪ ANRE order no. 13/2023 — Order for the approval of the framework contract for the supply of electricity in the universal service regime, the general conditions for the supply of electricity in the universal service regime and the invoice model applicable to household customers
the following is approved: The framework contract for the supply of electricity in the universal service regime - annex no. 1, General conditions for the supply of electricity in the universal service regime - annex no. 2, Electricity bill model - annex no. 3;
the main provisions: the general conditions for the supply of electricity in the universal service regime are published by the suppliers on their own website and are made available to household customers, in printed format, upon their request; invoices issued by electricity suppliers to household customers for electricity consumption made starting from April 2023 will respect the invoice model (the color, type and size of the font can be set by the suppliers); the price of electricity from the universal service offer is valid for a period of at least 3 months; until 31 March 2024, the electricity suppliers who have universal service customers in their portfolio communicate to these customers the electricity supply contracts issued pursuant to this order; electricity suppliers have the obligation to publish on their website the framework contract and the general conditions for the supply of electricity in the universal service regime within 5 days from the date of entry into force of this order and to communicate to household customers from the portfolio the access link to the contract and to the general conditions for the provision of electricity in the universal service regime, with the first invoice issued after the entry into force of this order. - is repealed ANRE Order no. 88/2015
▪ ANRE order no. 15/2023 — Order on the approval of the Natural Gas Market Monitoring Methodology
▪ ANRE order no. 16/2023 — Order for the amendment and completion of the Regulation on the last resort supply of natural gas, approved by the Order of the President of the National Energy Regulatory Authority no. 173/2020
amending and supplementing the Regulation on the last resort supply of natural gas:
the provisions relating to the natural gas distribution contract that SoLR is obliged to conclude with the distribution operators have been amended so that they are consistent with the provisions of ANRE Ord. no. 3/2022 – POSF; Annex no. 5 was modified, respectively the model of the takeover request, so that it is consistent with the provisions of Ord. ANRE no. 29/2022 - Regulation on the supply of natural gas to final customers; Annex no. 6 was introduced - The method of appointing the SoLR for places of consumption with an annual consumption of more than 28,000 MWh of each PET for the situation where they have not ensured the supply of natural gas to cover the consumption requirement, fully or partially, during the period of application of the support scheme; a mechanism was created through which, during the application of the support scheme approved by GEO 27/2022, for consecutive periods of 12 months starting from 01 April 2023 – 31 March 2024, ANRE appoints SoLR, among those already appointed, for the places of consumption with an annual consumption greater than 28,000 MWh of each PET where thermal energy is produced; the deadlines for requesting the activation of the advance payment option by the end customer were changed and a deadline for the transmission of the supply contract by SoLR was introduced.
▪ ANRE order no. 19/2023 — Order for the amendment of the green certificate invoicing procedure, approved by the Order of the president of the National Energy Regulatory Authority no. 187/2018
▪ ANRE order no. 22/2023 – 27/2023 — Order regarding the approval of specific tariffs for the electricity distribution service and the price for reactive electricity at Societatea E-Distributie Banat — S.A., Societatea E-Distributie Dobrogea — S.A., Societatea E-Distributie Muntenia — S.A., Societatea Delgaz Grid — S.A., Societatea Distributie Energie Oltenia — S.A., Societatea Distributie Energie Electrica Romania — S.A.
there are increases in all specific tariffs for the electricity distribution service, the biggest increases being at Distributie Energie Electrica Romania SA - Muntenia Nord of about 30%; - the tariffs for low voltage for Distributie Energie Electrica Romania are higher by 8.3% - 31.2% compared to the first quarter of 2023 (at DEER there were increases for all categories, respectively the lowest increase was 8.3% at LV - Transilvania South and the biggest increase of 33.7% in HV-Muntenia Nord);
the new rates are applicable from 01 April 2023;
ANRE order no. 28/2023 Order on the approval of the average tariff for the electricity transmission service, the components of the transmission tariff for introducing electricity into networks (T_G) and extracting electricity from networks (T_L) and the regulated price for electricity reactive, practiced by the National Electric Energy Transport Company "Transelectrica" — S.A
ANRE order no. 17/2023 Order on the approval of the Electricity Retail Market Monitoring Methodology
updating the Methodology by updating the methodological principles underlying the activity of monitoring the electricity retail market with the requirements of the regulatory framework in force and, considering the multitude of changes; proposes ways to evaluate the level of efficiency and competition on the electricity retail market, to identify the elements that can lead to a decrease in performance in the supply activity, to evaluate the behavior of suppliers in the relationship with end customers and to identify those practices or behaviors that raises suspicions of violation of competition principles.
is repealed ANRE Order no. 167/2019 regarding the approval of the Methodology for monitoring the electricity retail market and ANRE Order no. 205/2018 regarding the approval of the Electricity Market Monitoring Methodology for final customers served by last resort suppliers
▪ ANRE order no. 18/2023 — Order regarding the approval of the Methodology for monitoring the wholesale electricity market
modifying and completing the Methodology by updating the methodological principles and updating the system of indicators used in the monitoring activity; the scope and scope of the methodology were extended in order to include the monitoring obligations of ANRE as a result of the amendments made to the Electricity and Natural Gas Law no. 123/2012 and the increase in the complexity of the types of data/indicators requested by the competent European institutions (ACER/CEER); the system of specific indicators for the markets on which electricity is traded was adapted and completed (structure indicators, market efficiency/performance evaluation indicators, market participants' behavior indicators) for each of the monitoring entities with responsibilities in the field (ANRE, OPEE and TSO); the aspects related to the data requested on the monthly models sent by the market participants were additionally detailed; the reporting deadlines for market participants, OPEE and TSOs were specified; the submission of market participants/OPEE/TSO reports and OPEE/TSO reports in text format has been completely eliminated.
is repealed ANRE Order no. 67/2018 for the approval of the Methodology for monitoring the wholesale electricity market.
▪ ANRE order no. 20/2023 — Order regarding the approval of the Regulation on the organization and operation of the organized electricity market, administered by the Romanian Stock Exchange — S.A.
the Regulation on the organization and operation of the organized electricity market, administered by Societatea Bursa Romana de Marfuri - S.A. is approved, and this simplifies the organized framework for electricity trading on the organized future electricity markets, through the trading platforms managed by Societatea Bursa Romana de Marfuri - S.A.; a chapter on organized market segments is introduced; new products are introduced, namely flexible products and products derived from the field of electricity, settled by physical delivery; market transparency information is expanded; requirements are introduced regarding the use of a liquidity provider.
the order enters into force on 05 April 2023; is repealed ANRE Order no. 117/2022.
ANRE order no. 56/2023 - Order for the amendment and completion of the Regulation for the issuance of green certificates, approved by the Order of the President of the National Energy Regulatory Authority no. 4/2015
▪ ANRE order no. 75/2023 - Order amending the Order of the President of the National Energy Regulatory Authority no. 123/2017 regarding the approval of the contribution for highefficiency cogeneration and some provisions regarding its invoicing method.
2023
Source: Electrica
During 1 January 2023 – 30 June 2023, the most significant investments of Electrica Group are the following:
| DESCRIPTION | Value (RON mn.) |
|---|---|
| MUNTENIA NORD | |
| WFM - IT tool for planning and monitoring in the field the resources (humans, vehicles, devices, materials, equipment) involved in business processes: operation, maintenance, investment works with own construction teams, network access, measurement. Implementation of an integrated resource planning system - Workforce Management |
7.1 |
| Modernization of 110 kV substation Hipodrom, replacement of power transformers Trafo 1 (110/20/6kV) and Trafo 2 (110/20/6kV) |
5.7 |
| Voltage level improving in localities Baldana, Tartasesti, Gulia, commune Tartasesti, DB | 4.7 |
| Modernization and integration in SCADA of substation Potlogi 110/20 kV | 4.5 |
| Modernization and consolidation of hardware infrastructure and software of the SAP system [SAP DEER] 2022_lot1 - OBJECT 2+OBJECT 1 |
3.8 |
| ELA ENERGY network reinforcement | 3.7 |
| Modernization and integration in SCADA of substation Zatna 110/20 kV, Braila County | 3.6 |
| Improving technical conditions of electricity supply and voltage level for consumers in commune Fulga, Prahova County |
3.5 |
| Modernization of LV OHL and connections – meters in the area of PTA3161, PTA3251, PTA3320, Iazu locality, Cojasca Commune, Dambovita County |
3.4 |
| Modernization of the 110 kV substations: Filesti, SNG, Tecuci, Ionasesti - replacement of 110/6kV power transformers - 4 pcs |
2.8 |
| Improving technical conditions for electricity supply for consumers in Rizanesti area - Valenii de Munte City |
2.7 |
| Modernization of network and connections in Homocea, Vrancea County | 2.4 |
| Modernization of OHL 20 kV by replacing insulation and conductors (OHL 20 kV Urleasca - SR Ramnicelu, OHL 20 kV Lacu Sarat - SRPD 1-4, OHL 20 kV Romanu - T. Vladimirescu and OHL 20 kV Gropeni - Tichilesti) |
2.2 |
| Network modernization in Zidari neighborhood, RM Sarat Municipality, Buzau County | 2.0 |
| Network modernization in Tataru and Maicanesti localities, Maicanesti Commune, Vrancea County | 1.9 |
| Network modernization in CA Rosetti Commune,Buzau County, villages: Cotu Ciorii sand Balteni - vol 1; Lunca - vol 2; Balhacu, CA Rosetti and Vizireni- vol 3 |
1.9 |
| Voltage level improving for consumers in Odobesti Commune, Dambovita County, localities: Ziduri, Crovu, Brancoveanu and Miulesti |
1.9 |
| Modernization of 0.4kV OHL and connections for consumer in Movila Miresii locality | 1.9 |
| Improving technical conditions of supply and the voltage level for consumers supplied with electricity from PTA 3023 Palanca, Palanca village, Rafov commune, Prahova County |
1.6 |
| SDEE Ploiesti network modernization, for blocks of flats in Ploiesti Nord neighborhood, Prahova county - STAGE II |
1.6 |
| Switching the electricity distribution network from 6kV to 20kV, Floresti locality | 1.5 |
| Voltage level improving and modernization of LV OHL and connections for consumers from the area of PTA 3038 & PTA 3128 Varnita area, Prahova County |
1.5 |
| Modernization of network and connections in Sihlea locality, Vrancea County | 1.4 |
| Modernization of secondary subtations fed from UGC 20kV Blocks 1, Blocks 2, IPL, Trainica 1, Trainica 2, Pucioasa city, Dambovita County |
1.3 |
| Voltage level improving for consumers PT6156, 6061, 6060,6129,6222,6062 area Racari, Dambovita County |
1.2 |
| Network modernization in area of PTA 5776 no.1 and PTA 5778 CIA, Sendreni locality, Galati County |
1.2 |
| Modernization of headquarters and premises used by operational and measurement teams Moreni, Pucioasa, Targoviste from COR MV LV Targoviste |
1.2 |
| Modernization of Plopeni 20/6 kV subtation; mounting of neutral point treatment 6 kV | 1.1 |
| DESCRIPTION | Value (RON mn.) |
|---|---|
| Installation of security, access control, video surveillance, fire detection and signaling systems for 12 facilities: COR MT JT Valeni headquarters; 20 kV Mihai Bravu substation + COR MT JT Ploiesti; PE Mizil; 20 kV Sinaia + PE Sinaia substation; 20 kV Slanic + PE Slanic substation; PE Boldesti; 110 kV Floresti substation (system update) + PL Floresti + Floresti Central Warehouse; 110 kV Tatarani substation (system update) + PL Tatarani; 110 kV Urlati + PL Urlati substation; Baltesti 110 kV substation (system update); 110 kV East Ploiesti substation (system update); 110 kV Crang substation connection pole; Route of cable connection to Movila Vulpii station |
1.1 |
| Voltage level improving for consumers supplied with electricity from PTA2043 Mocesti, Iordacheanu Commune, Prahova County |
1.1 |
| Improving technical conditions of supply and the voltage level for consumers in Conduratu Village, Baba Ana Commune, Prahova County |
1.0 |
| TRANSILVANIA SUD | |
| Modernization of the 20 kV UGC in the area of 220/110/20 kV Alba Iulia Substation, Alba Iulia municipality, Alba County |
3.6 |
| Modernization of 20 kV network in the area of Bulevardul Revolutiei 1989, Alba Iulia Municipality, Alba County |
4.6 |
| Modernization of 20 kV network in the area of Piata Iuliu Maniu, Alba Iulia Municipality, Alba County |
3.1 |
| Modernization of 20 kV network in Lipoveni neighborhood, Alba Iulia Municipality, Alba County | 3.2 |
| Modernization of 20 kV network in Maieri neighborhood, Alba Iulia Municipality, Alba County | 5.2 |
| Modernization of 0.4 kV network and securing connections, Dumbrava Rosie str., Miraslau, Rovine, Valea Alba, loc. Brasov, Brasov County |
1.5 |
| Increasing the reliability of supply OHL 20 KV Premeir -Ozun, Covasna County | 2.9 |
| Reserve supply of 20 kV busbars - Sanpaul Substation, Mures County | 1.6 |
| Modernization of internal services of (AC) and (DC) in the substations managed by SDEE TS – Cugir, Teius, Lupsa, Sebes |
2.1 |
| Modernization of internal services of (AC) and (DC) in the substations managed by SDEE TS –Sf. Gheorghe, Campu Frumos, Covasna, Capeni |
1.2 |
| Modernization of internal services of (AC) and (DC) in the substations managed by SDEE TS –Cic, Tarnaveni, Mureseni, Reghin, Raciu |
1.7 |
| Modernization of internal services of (AC) and (DC) in the substations managed by SDEE TS – substations Aeroport, Aurel Vlaicu, Cartisoara, Orlat, Dumbrava |
1.3 |
| Voltage level improving and network modernization in the area of PT5 Bod & PT1 Bod, commune Bod, Brasov County |
6.9 |
| Modernization of 0.4 kW network and connections, Gheorghe Doja Street (Piata Victoriei-Piata Garii section) and Piatra de Moara, Targu Mures city, Mures County |
1.2 |
| Modernization of 0.4 kV network and connections in streets Budiului, Bega(partia) & Mestecanisului (partial), Targu Mures City, Mures County |
1.7 |
| Modernization of 0.4 kV network in the area Hipodrom 1,2,3, Sibiu city, Sibiu County | 3.2 |
| Modernization of 0.4 kV network in Dumbraveni locality, Sibiu County | 6.0 |
| Modernization of 0.4 kV network in Richis village, Biertan Commune, Sibiu County | 1.6 |
| Modernization of 0.4 kV network in Dealu Frumos village, Merghindeal Commune, Sibiu County | 1.5 |
| Modernization of 0.4 kV network in Mosna Commune, Sibiu County | 1.3 |
| Modernization of 0.4 kV network in Merghindeal Commune, Sibiu County | 1.2 |
| Increasing the capacity of 20 kV network in Drumul Poienii – Schei area, Brasov city, Brasov County |
1.9 |
| Modernization of LV network in Odorheiu Secuiesc locality, Rakoczi Ferencz street, Harghita County |
1.5 |
| DESCRIPTION | Value (RON mn.) |
|---|---|
| Voltage level improving and modernization of 20 kV OHL, 0.4 kV OHL and connections in Singeorgiu de Mures and Cotus localities, Mures County, Volume I- Cotus and Tofalau villages |
1.4 |
| Modernization of 0.4 kV network and connections, Cuza Voda, Tusnad and Cardinal Iuliu Hossu streets, Targu Mures Municipality, Mures County |
1.9 |
| TRANSILVANIA NORD | |
| Modernization of switching equipment related to MV OHL for the Cluj-Napoca Distribution Branch, Cluj County |
1.1 |
| Network modernization in Cluj-Napoca Municipality, Mihail Kogalniceanu Street and adjacent streets area, Cluj County |
1.3 |
| Increasing electricity supply reliability in Floresti, Cluj County – Vol. 6 Modernization Iazuri Distributor |
2.0 |
| Construction of UGC between OHL 20 kV Vadu Crisului – Bauxita Cornet and Suncuius-Recea to increase electricity supply reliability |
1.2 |
| Improving the electricity distribution service in 110/20kV CET 2 Oradea Substation | 2.3 |
| Construction of MV UGC to increase the electricity supply reliability in Matei Corvin area, Oradea Municipality, Bihor County |
3.2 |
| Metal cabin secondary substations switchover to 20 kV, in Baia Mare locality- 20 secondary substations |
4.1 |
| Installation of photovoltaic panel systems to cover the electricity own consumption needs of the administrative offices and substations in Maramureş County, belonging to DEER SA - SR Baia Mare |
1.1 |
| Modernization and switchover to 20 kV of secondary substations PTZ 7 and PTA 64, Sighetu Marmatiei, Maramures County |
1.7 |
| Modernization of OHL 20 KV Craidorolt, Satu Mare County | 1.5 |
| Increasing electricity supply reliability of OHL 20 kV Halmeu- feeder Turt, Satu Mare County | 1.6 |
| Modernization and relocation of pole mounted secondary substation PTA Negrilesti, PTA Negrilesti 2, PTA Negrilesti 3 and modernization of LV OHL and connections in area of PTA Negrilesti, PTA Negrilesti 2, PTA Negrilesti 3, PTA Negrilesti 4, Negrilesti locality, Satu Mare County |
1.0 |
During first semester of 2023, the largest transfers from tangible assets in progress to tangible assets, representing mainly commissioning of investments, are the following:
| DESCRIPTION | Value (RON mn) |
|---|---|
| MUNTENIA NORD | |
| Implementation of an integrated resource planning system - Workforce Management | |
| WFM - IT tool for planning and monitoring in the field the resources (humans, vehicles, | 7.1 |
| devices, materials, equipment) involved in business processes: operation, maintenance, | |
| investment works with own construction teams, network access, measurement. | |
| Modernization and integration in the SCADA of the 110/20/6 kV Buzau East substation | 4.0 |
| Improving technical conditions of supply and the voltage level for consumers in Fulga Commune, Prahova County |
3.7 |
| Modernization and consolidation of the SAP system hardware infrastructure and software [SAP DEER] 2022_lot1 - OBJECT 2+OBJECT 1 |
3.7 |
| Improving technical conditions of electricity supply for consumers in Rizanesti area, Valenii de Munte City |
2.8 |
| Neutral point treatment replacing in 110/20 kV Vanatori and Liesti substations | 2.8 |
| Modernization of the 110 kV Hippodrome substation, replacement of power transformers Trafo 1 (110/20/6kV) & Trafo 2 (110/6kV) |
2.5 |
| Modernization of 20/6kV Grup Scolar Sinaia substation | 2.0 |
| Realization of coexistence conditions with the existing electrical networks, requested for obtaining the placement permit for the Galati ring road, between Brailei street (DN25) and Calea Prutului Street (E87), Galati municipality |
1.9 |
| DESCRIPTION | Value (RON mn) |
|
|---|---|---|
| Increasing the power supply reliability of consumers supplied from 20 KV OHL Plavia, Iordacheanu feeder and 20 kV OHL Mizil, Fantanele feeder |
1.4 | |
| Increasing the power supply reliability of consumers supplied from OHL 20 KV Plopu – loop between OHL 20 KV Plopu and OHL 20 KV Pleasa 2, Prahova County |
1.4 | |
| Modernization of distribution network and voltage improving in PTA 5447 nr 1 and PTA 5449 area, Cismele locality, Smardan Commune |
1.3 | |
| Integration of "industrial & commercial consumers" from SDEE MN SROR Ploiesti in automatic meter reading systems-- 1699 pcs. |
1.1 | |
| Voltage level improving for consumers in PTA2043 area, Iordacheanu commune, Prahova County |
1.1 | |
| Modernization of LV distribution network in Matca locality, Galati County, area of PTA 4207 Matca 2 si PTA 4206 Matca, stage 1 |
1.1 | |
| Modernization of secondary substations fed from 20 kV OHL Blocuri, 110/20kV Titu substation, Titu town, Dambovita County |
1.1 | |
| Improving technical conditions of supply and voltage level for consumers in Conduratu Village, Baba Ana Commune, Prahova County |
1.1 | |
| Installation of security, access control, video surveillance, fire detection and signaling systems for 12 facilities: COR MT JT Valeni headquarters; 20kV Mihai Bravu substation + COR MT JT Ploiesti; PE Mizil; 20 kV Sinaia + PE Sinaia substation; 20 kV Slanic + PE Slanic substation; PE Boldesti; 110 kVFloresti substation (system update) + PL Floresti + Floresti Central Warehouse; 110 kV Tatarani substation (system update) + PL Tatarani; 110 kV Urlati + PL Urlati substation; Baltesti 110 kV substation (system update); 110 kV East Ploiesti substation (system update); 110 kV Crang substation connection pole; Route of cable connection to Movila Vulpii substation |
1.1 | |
| TRANSILVANIA SUD Modernization of 0.4 kW network in Hipodrom 1,2,3 area, Sibiu Municipality, Sibiu County |
4.1 | |
| Modernization of the 20 kV UGC in the area of the 220/110/20 kV Alba Iulia Substation, Alba Iulia Municipality, Alba County |
4.1 | |
| Modernization of 20 kV network in the area of Bulevardul Revolutiei 1989, Alba Iulia Municipality, Alba County |
4.7 | |
| Modernization of 20 kV network in the area of Piata Iuliu Maniu, Alba Iulia Municipality, Alba County |
3.2 | |
| Modernization of 20 kV network in Lipoveni neighborhood, Alba Iulia Municipality, Alba County | 3.4 | |
| Modernization of 20 kV network in Maieri neighborhood, Alba Iulia Municipality, Alba County | 5.4 | |
| Reserve supply of 20 kV busbars - Sanpaul substation, Mures County | 3.8 | |
| Modernization of internal services of (AC) and (DC) in the substations managed by SDEE TS – Cugir, Teius, Lupsa, Sebes |
2.6 | |
| Modernization of internal services of (AC) and (DC) in the substations managed by SDEE TS – substations Sf. Gheorghe, Campu Frumos, Covasna, Capeni |
1.7 | |
| Modernization of internal services of (AC) and (DC) in the substations managed by SDEE TS – substations Cic, Tarnaveni, Mureseni, Reghin, Raciu |
1.7 | |
| Modernization of LV OHL and connection, Hodac locality, Mures County | 2.5 | |
| Modernization of 0.4 kV network and connections streets Budiului, Bega (partial) & Mestecanisului (partial), Targu Mures City, Mures County |
1.7 | |
| Modernization of 0.4 kV network, Barghis Commune, Sibiu County | 1.2 | |
| Modernization of 0.4 kV network in Dealu Frumos village, Merghindeal Commune, Sibiu County | 2.2 | |
| Voltage level improving and modernization of LV OHL Bucerdea Granoasa, Alba Couny | 1.2 | |
| Voltage level improving and modernization of 20 kV OHL, 0.4 kV OHL and connections in Singeorgiu de Mures and Cotus localities, Mures County, Volume I- Cotus and Tofalau villages |
2.1 | |
| Voltage level improving, conductor replacing and connections securing Dataseni locality, Mures County |
1.2 | |
| TRANSILVANIA NORD | ||
| Modernization of pole mounted secondary substation PTA Oradea branch | 1.3 | |
| Construction of MV UGC to increase reliability in supplying consumers supplied from 110/6 kV CET1-SDG 6 kV, Oradea Municipality, Bihor County |
1.1 |
| DESCRIPTION | Value (RON mn) |
|---|---|
| Modernization of secondary substations PTA Reteag Poieni, PTA Reteag Moara, modernization of connection Reteag Poieni and LV OHL and connections in PTA in Reteag Poieni, PTA Reteag Sat, PTA Reteag SMA and Reteag Moara, area, Reteag Localty, Bistrita nasaud County |
1.5 |
| Modernization of secondary substation PTA Cosbuc 2 and LV OHL and connections from PTA Cosbuc 2 area, Cosbuc locality, Bistrita Nasaud county |
1.0 |
| Modernization of pole mounted secondary substation PTA in Chiochis village and modernization of LV OHL and connections PTA Chiochis Sat and PTA Chiochis 2 area, Chiochis Village, Bistrita Nasaud county |
1.2 |
| Modernization of neutral point treatment in 110/20 kV Simleu substation | 1.0 |
| Extension of public distribution network in Groșii Tiblesului, Valea Tiblesului (Bradului) area, Maramures County |
1.3 |
| Crt. no. |
Parties/Case file number |
Subject matter | Court | Case status |
|---|---|---|---|---|
| 1 | Plaintiff: ELSA; Defendant: ANRE; |
Cancellation of ANRE Order no. 155/2014 regarding the approval of the specific tariffs for the electricity distribution service |
Bucharest Court of |
The Court dismissed the case on merits. Appealable within 15 days |
| 361/2/2015 | and the price for the reactive energy for DEER (former SDTN). |
Appeal | from it's communication. | |
| 2 | Plaintiff: ELSA; Defendant: ANRE; |
Cancellation of ANRE Order no. 156/2014 regarding the approval of the specific tariffs for the electricity distribution service |
Bucharest Court of |
The Court dismissed the case on merits. Appealable within 15 days |
| 360/2/2015 | and the price for the reactive energy for DEER (former SDTS). |
Appeal | from it's communication. | |
| 3 | Plaintiff: ELSA; DEER Defendant: ANRE; |
Action for partial annulment of ANRE Order no. 169/2018 regarding the approval of the Tariff Setting Methodology for the |
High Court of Cassation and Justice |
Case dismissed on merits, a recourse finally dismissed on 16.05.2023. |
| 7614/2/2018 | Electricity Distribution Service. | |||
| 4 | Plaintiff: ELSA; DEER Defendant: ANRE 7591/2/2018 |
Action for the annulment of the ANRE Order no. 168/2018 regarding the regulatory rate of return and obliging ANRE to issue a new order. |
Bucharest Court of Appeal |
Suspended until the final settlement of case no. 541/36/2018 of the Bucharest Court of Appeal. |
| 5 | Plaintiff: ELSA, DEER Defendant: ANRE 434/2/2019 |
Legal action for annulment of ANRE Order 197/2018 regarding the approval of the specific tariffs for the electricity distribution service and the price for the reactive electric energy for DEER (former SDMN). |
Bucharest Court of Appeal |
In course of settlement. |
| 6 | Plaintiff: ELSA, | Legal action for annulment of ANRE Order | On 9 June 2020, the court | |
| DEER Defendant: ANRE |
199/2018 regarding the approval of the specific tariffs for the electricity distribution service and the price for the reactive energy for DEER former SDTS). |
High Court of Cassation and Justice |
rejected the action as unfounded. An appeal was filed, on 26.04.2023 the recourse of DEER and Electrica was admitted. The |
| Crt. no. |
Parties/Case file number |
Subject matter | Court | Case status |
|---|---|---|---|---|
| 435/2/2019 | Court quashes the judgment of 17.03.2020 and the sentence and sends the case back to the same court. |
|||
| 7 | Plaintiff: ELSA, DEER Defendant: ANRE 436/2/2019 |
Legal action for annulment of ANRE Order 198/2018 regarding the approval of the specific tariffs for the electricity distribution service and the price for the reactive energy for DEER former SDTN). |
Bucharest Court of Appeal |
In course of settlement. |
| 8 | Plaintiff: DEER Defendant: ANRE 184/2/2015 |
Contentious administrative litigation – Cancellation of ANRE Order no. 146/2014 regarding the setting of the regulated rate of return applied at the approval of the tariffs for the electricity distribution service provided by the DSOs starting with 1st January 2015 and the abrogation of art. 122 of the tariff setting methodology for the electricity distribution service, approved by the ANRE order no. 72/2013. |
Bucharest Court of Appeal |
On 29.04.2022, the Court dismissed the case. The decision is definitive by non appeal by the plaintiff. |
| 9 | Plaintiff: DEER Defendant: ANRE 309/2/2020 |
Judicial action on the cancellation of documents issued by regulatory authorities – Order no. 227/2019 regarding the approval of the tariffs for the electricity distribution service and the price for the reactive energy for DEER (former SDMN). |
Bucharest Court of Appeal |
In course of settlement. |
| 10 | Plaintiff: DEER Defendant: ANRE 305/2/2020 |
Action for the cancellation of ANRE's President Order no. 228/2019 regarding the approval of the of the specific tariffs for the electricity distribution service and the price for the reactive energy for DEER (former SDTN). |
High Court of Cassation and Justice |
Case dismissed on merits, an appeal was filed, in course of settlement. |
| 11 | Plaintiff: DEER Defendant: ANRE 371/2/2015 |
Cancellation of the ANRE's President Order no. 156/2014 regarding the approval of the specific tariffs for the electricity distribution service and the price for the reactive energy for DEER (former SDTS). |
Bucharest Court of Appeal |
Suspended until the settlement of the case file no. 208/2/2015. |
| 12 | Plaintiff: DEER Defendant: ANRE 208/2/2015 |
Cancellation of the ANRE's President Order no. 146/2014 regarding the establishment of the regulated rate of return applied to the approval of the tariffs for the electricity distribution service provided by DSOs from 1st January 2015 and the abrogation of Art. 122 of the Tariff Pricing Methodology for Electricity Distribution Service, approved by the ANRE Order no. 72/2013. |
Bucharest Court of Appeal |
A reinstatement request was filed. Attached to case no. 184/2/2015. On 29.04.2022, the Court dismissed the case. The decision is definitive by non appeal by the plaintiff. |
| 13 | Plaintiff: DEER Defendant: ANRE 303/2/2020 |
Cancellation of the ANRE's President Order no. 229/2019 regarding the approval of the specific tariffs for the electricity distribution service and the price for the reactive energy for DEER (former SDTS). |
Bucharest Court of Appeal |
Suspended on 02.11.2022. Application for reinstatement. On 07.06.2023 - suspend the file. |
| 14 | Plaintiff: DEER Defendant: ANRE 53/2/2022 |
Cancellation of the ANRE's President Order no. 119/2021 regarding the approval of |
Bucharest Court of |
Suspended until the final settlement of case no. |
| Crt. no. |
Parties/Case file number |
Subject matter | Court | Case status |
|---|---|---|---|---|
| the specific tariffs for the electricity distribution service and the price for the reactive energy for DEER. |
Appeal | 6176/2/2022. | ||
| 15 | Plaintiff: DEER Defendant: ANRE 6176/2/2022 |
Action for partial annulment of ANRE Order no. 169/2018 regarding the approval of the Tariff Setting Methodology for the Electricity Distribution Service. |
Bucharest Court of Appeal |
Case dismissed on merits. Appealable within 15 days from it's communication. |
| Crt. no. |
Parties/Case file number |
Object | Court | Case status |
|---|---|---|---|---|
| 1 | Plaintiff: ELSA Defendant: NAFA 17237/299/2017 |
1. Suspension of forced execution initiated by NAFA-DGAMC in the enforcement file no. 13267221 under the enforceable order no. 13725/3 May 2017 and of the no. 13739/3 May 2017; 2. Cancellation of the enforcement order no. 13725/3 May 2017, of the no. 61/90/1/2017/263129 (which also bears the No. 13739/3 May 2017) issued by NAFA-DGAMC for the amount of RON 39,248,818 and all subsequent execution orders issued in connection with the forced execution of the amount of RON 39,248,818 in the execution file no. 13267221. |
Bucharest Tribunal |
Action admitted on merits. The Decision was appealed. |
| 2 | Plaintiff: ELSA Defendant: NAFA - DGAMC 25091/299/2018 |
Appeal to execution and suspension of forced execution - cancellation of the enforcement order no. 13566/22 June 2018 and the notice 13567/22 June 2018, issued in the execution file no.13267221/61/90/1/2018/278530, amounting to RON 10,024,825 (representing the partial fine from the Competition Council). |
District 1 Court |
Suspended until the settlement of case no. 3889/2/2018. |
| 3 | Plaintiff: ELSA Defendant: NAFA - DGAMC 2444/2/2021 |
1. Obligation of NAFA to correct the evidence of tax receivables, held according to art. 153 FPC so that it reflects the decisions given by the courts in the disputes between the parties, through decisions that have come into the power of the judicial work, respectively by: a) Decision no. 1078/17.04.2015 issued by the Bucharest Court of Appeal in case no. 5433/2/2013; b) Decision no. 5154/26.06.2017 issued by Bucharest District 1 Court in case no. 51817/299/2016*; c) Decision no. 624/06.03.2015 issued by the Bucharest Court of Appeal in case no. 7614/2/2013; Obligation of NAFA to draw up those acts |
Bucharest Court of Appeal |
On 07.06.2023, the Court admits in part the case. Orders the defendant to correct the records of the tax claims concerning the plaintiff in order to highlight the plaintiff's right to a refund of the amount of RON 5,860,080 and the amount of RON 817,521. Orders the defendant to pay to the applicant the amount of RON 5,161,491.64 as interest. Orders the defendant to pay to the plaintiff the amount of RON 49,083.37 in respect of costs. With the right of appeal within 15 days from the |
| Crt. | Parties/Case file | Object | Court | Case status |
|---|---|---|---|---|
| no. | number | |||
| or administrative correction operations which: - to reflect Electrica's right to the reimbursement of RON 5,860,080 representing fiscal obligation unlawfully reinstated in the fiscal evidence; - to reflect Electrica's right to the reimbursement of RON 817,521 which was not object of the reimbursement made by NAFA on 22 September 2020, arising from the annulment of the fiscal decision in case mentioned in item 1 above, let. a); 2. Obligation of NAFA to pay the legal interests related to the period 12.12.2016 – 21.09.2020, calculated in a percentage of 0.02%/day of delay for the debt amount of RON 18,687,515 reimbursed on 22.09.2020, in total amount of RON 5,161,491.64; 3. Establishing a 15 days term from the decision so that NAFA DGAMC to settle the fiscal file as indicated above, imposing late penalties of RON 1,000/day of delay for exceeding this term, due to Electrica by DGAMC. |
communication. | |||
| 4 | Plaintiff: DEER Defendant: NAFA - DGAMC 359/2/2021 (former 1018/2/2016*) |
Cancellation of administrative act – Decision no. 462/23 November 2015, litigation amount of RON 7,731,693 (RON 4,689,686 income tax + RON 3,042,007 VAT) and for the amount of RON 6,154,799 (RON 3,991,503 interests/penalties and late fees related to income tax + RON 2,163,296 interests/penalties and delay fees related to the VAT). |
Bucharest Court of Appeal - retrial |
The court of first instance rejected the action as unfounded. The plaintiff filed an appeal, admitted by the court, which quashes the contested decisions and, re-judging, partially admits the action. Partially annuls Decision no.462/23.11.2015 issued by A.N.A.F–DGSC, regarding point 3. Obliges the defendant A.N.A.F–DGSC to settle on the merits the claim regarding the amount of RON 10,091,323. It sends for retrial to the same court the request regarding the other fiscal obligations retained by the fiscal body, amounting to RON 13,886,492. Final (file no. 1018/2/2016). In retrial, case no. 1018/2/2016 was registered with a new number, 359/2/2021 - in course of settlement. DGAMG-ANAF rejected by Solution Decision no. 154/02.07.2020, the appeal regarding the amount of RON 10,091,323 (Point 3 of Decision no. 462/2015) reason for which an action for annulment was filed on 22.12.2020 (file no. 641/42/2020). |
| Crt. no. |
Parties/Case file number |
Object | Court | Case status |
|---|---|---|---|---|
| 5 | Plaintiff: DEER Defendant: DGAMC – NAFA 641/42/2020 641/42/2020 |
Annulment of the administrative act of the Settlement Decision 154/02.07.2020 for the amount of RON 10,091,323 (point 3 of the Decision no. 462/23.11.2015) |
Ploiesti Court of Appeal |
In course of settlement. |
| 6 | Plaintiff: DEER Defendant: Galati City Hall - DITVL Galati 263/42/2020 |
Cancellation of administrative documents issued by the fiscal bodies within the Galati City Hall - DITVL Galati, respectively Fiscal inspection report, taxation decision and decision to resolve the appeal. According to the Fiscal Inspection Report, the control team determined an additional tax on buildings, together with the related accessories, in a total amount of RON 24,831,293, for the 2012-2015 period. |
High Court of Cassation and Justice |
On merits, the Court dismissed the case as unfounded, a recourse was filed, in course of settlement. |
| 7 | Plaintiff: EL SERV Defendant: NAFA 31945/3/2018 |
Cancellation of administrative decision no. 221/19 July 2017 - cancellation of penalties related to the decision no. 305/2017 from above, RON 118,215. |
Bucharest Court |
The case has been suspended until the final settlement of the case no. 5786/2/2018 and following the final settlement of the case, this file has been put back on role. Case no. 5786/2/2018 had as object the cancellation of administrative act NAFA RIF 2017 and decision no. 305/30 May 2017, amounting to RON 46,260,952, the amount by which the fiscal loss of the Company was diminished; RON 7,563,561 established as additional VAT for payment by the refusal to deduct the VAT + related accessories. The claim was dismissed. |
| 8 | Plaintiff: EFSA Defendant: NAFA – DGAMC 8709/2/2018* |
Cancellation of: • DGSC Decision no. 325/26 June 2018 • Decision F-MC 678/28 December 2017 • Report F-MC 385/28 December 2017 • Decision no. 511/24 October 2018 • Decision no. 21095/24 July 2018 Value: RON 11,483,652 |
Bucharest Court of Appeal |
In course of settlement. |
| Crt. no. |
Parties/Case file number |
Object | Court | Case status |
|---|---|---|---|---|
| 1 | Creditor: ELSA Debtor: Petprod S.A. 47478/3/2012/a1 |
Bankruptcy, registering to the list of creditors for the amount of RON 2,591,163 |
Bucharest Tribunal |
Ongoing procedure. |
| 2 | Creditor: ELSA Debtor: CET Braila |
Bankruptcy, registering to the list of creditors in amount of RON 3,826,035. |
Braila Court | Ongoing procedure. |
| Crt. no. |
Parties/Case file number |
Object | Court | Case status |
|---|---|---|---|---|
| S.A. 2712/113/2013 |
||||
| 3 | Creditor: ELSA, AAAS, BCR SA and others Debtor: Oltchim S.A. 887/90/2013 |
Bankruptcy, remaining amount to be recovered – RON 116,058.538. |
Valcea Court | Ongoing procedure. The amount is registered in the definitive table of receivables updated following the fact that the Decision EU Tribunal from Luxemburg, establishing that Oltchim S.A. benefited from illegal state aid from a numberof Romanian companies, including ELECTRICA S.A, became definitive. |
| 4 | Creditor: ELSA Debtor: Romenergy Industry SRL 2088/107/2016 |
Bankruptcy, registering to the list of creditors in amount of RON 2,917,266. |
Alba Iulia Court of Appeal |
The procedure was closed on 12.12.2022, the decision being appealed by DEER – finaly dismissed on 06.04.2023 |
| 5 | Creditor: ELSA Debtor: Transenergo Com S.A. 1372/3/2017 |
Insolvency proceedings. Amount RON 37,088,830. |
Bucharest Court |
Ongoing reorganization procedure. On 03.02.2021, the Debtor's reorganization plan was confirmed, according to which unsecured receivables do not participate in distributions. ELSA's appeal against the sentence confirming the reorganization plan was definitively dismissed. |
| 6 | Creditor: ELSA Debtor: Electra Management & Supply SRL 41095/3/2016 |
Bankruptcy. Amount: RON 6,027,537. | Bucharest Court |
Ongoing procedure. In case, a request for liability has been filed, representing the object of the associated file no. 41095/3/2016 / a1, in which ELSA has the quality of accessory intervener. |
| 7 | Creditor: ELSA Debtor: Fidelis Energy SRL 3052/99/2017 |
Bankruptcy. Amount: RON 11,357,813.97. | Iasi Court | Ongoing procedure. On 26.04.2023, the bankruptcy was ordered. Of the total amount recorded at the credential table, the amount of RON 66,066.07, representing ELSA's debit to Fidelis Energy, will be compensated, the total receivable will be reduced in the final table consolidated with this amount. |
| 8 | Plaintiff: ELSA Defendant: Competition Council 1100/1/2023 |
Appeal for annulment against civil decision no. 5599 of 22 November 2022, pronounced by ICCJ In file no. 3889/2/2018. Case no. 3889/2/2018 had as object the annulment of Competition Council Decision no. 77/20 December |
High Court of Cassation and Justice |
Preliminary proceedings. |
| Crt. | Parties/Case file | Object | Court | Case status |
|---|---|---|---|---|
| no. | number | |||
| 2017, by which an ELSA charge is set through a fine of RON 10,800,984 and, in the subsidiary, the reduction of the fine set up to the legal minimum of 0.5% of ELSA's turnover, by re-individualizing the alleged anticompetitive facts, with the retention and full use of all mitigating circumstances applicable to ELSA. |
||||
| 9 | Plaintiff: ELSA Defendant: Elite Insurance Company 44380/3/2018 |
Claims - request for equivalent value of the insurance policy issued to guarantee the obligations of Transenergo Com S.A., in the amount of RON 4,000,000. |
Bucharest Court |
Suspended based on art. 307 Civil Procedure Code. |
| 10 | Plaintiff: ELSA Defendant: Silver Broker de Asigurare Reasigurare SRL (former Zurich Broker de Asigurare Reasigurare SRL) 37068/3/2021/a1 37068/3/2021/a2 |
Insolvency. Receivable – RON 4,065,408 | Bucharest Tribunal |
Following the termination of the case 3310/3/2020, based on art. 75 of Law no. 85/2014, ELSA has filed a request for registration at the credit table in the bankruptcy file of Silver Broker de Asigurare Reasigurare SRL, case no. 37068/3/2021, the claim being dismissed ELSA filed an appleal, object of case no. 37068/3/2021/a1 and no. 37068/3/2021/a2, in course of settlement. |
| 11 | Plaintiff: ELSA Defendant: former directors and administrators of ELSA 35729/3/2019 |
Claims - claim for damages calculated as a result of the control of the Court of Accounts, amounting RON 322,835,121. |
Bucharest Court |
Suspended untill the final settlement of case 2229/2/2017. |
| 12 | Plaintiff: VIR Company International S.R.L. Defendant: DEER 7507/105/2017 |
Claims - the amount requested by VIR Company International SRL consists of: - EUR 5,000,000, damage caused by delayed issuance of the connection certificate for the photovoltaic plant located in Valea Calugareasca commune, Darvari village; - EUR 155,000, equivalent of the amount of electricity produced by the plant during the technological tests period; - EUR 145,000, green certificates related to the amount of energy produced by the photovoltaic plant during the technological tests period. In addition, it requires to DEER to pay the penalty interest of 5.75%/year for all the amounts of money claimed and court costs. |
Prahova Court | The court rejects the exceptions of inadmissibility and lack of object of the introductory request invoked by the defendant, as unfounded. Dismisses the introductory request as unfounded. Accepts in part the request made by the defendant regarding the payment of court costs and obliges the plaintiff to the defendant to pay the court costs, respectively to pay the sum of RON 50,000 representing a reduced attorney's fee. Appealable within 15 days from communication. On 07.07.2022, the court partially |
| Crt. | Parties/Case file | Object | Court | Case status |
|---|---|---|---|---|
| no. | number | admitted the request to increase the expert's fee for the amount of RON 13,100 and obliges the plaintiff to pay this amount to the expert. With appeal within 15 days from the notification of the decision. |
||
| 13 | Creditor: DEER Debtor: Transenergo Com S.A. 1372/3/2017 |
Insolvency proceedings. Amount: RON 9,274,831. |
Bucharest Court |
Ongoing proceedings. On 3 February 2021, the Debtor's reorganization plan was confirmed, according to which unsecured receivables do not participate in distributions. The Debit represents the accumulated receivables as a result of the distribution subsidiaries merger. |
| 14 | Plaintiff: DEER Debtor: ELSA 18976/3/2020 (33763/3/2019) |
Claims, according to the Court of Accounts Decision, representing payments not owed of RON 20,350,189 made by DEER (former SDMN). |
Bucharest Court |
Suspended until the final settlement of case no. 1677/105/2017. |
| 15 | Plaintiff: Tutu Daniel and Tudori Ionel Dedendant: DEER 180/233/2020* |
Claims - equivalent value of land related to the Galati Center Transformation Station – RON 2,500,000. |
Galati Court | The court of first instance partially admitted the request to compel the defendants to pay the plaintiffs the sum of EUR 241,600 as compensation for the lack of use of the income. Obliges the defendants to pay to the plaintiffs the legal interest regarding the damages established from the moment of the final stay until the actual payment. It finalizes the experts' fee in the amount of RON 1,600 for expert Bogatu Mirela Dorina and the amount of RON 1,500 for expert Grecu Iulian and obliges the plaintiffs to pay the expert Bogatu Mirela Dorina the amount of RON 600 - the difference between the expert's fee and to expert Grecu Iulian the amount of. It obliges the defendants to pay the defendant Tutu Daniel the sum of RON 38,605 and the plaintiff Tudori Ionel the sum of RON 12,000 as court costs. The appeal was filed. |
| 16 | Plaintiff: Sinaia City Hall Defendant: DEER |
Action in "Obligation to do" administrative litigation. Sinaia City Hall requests: -mainly: obliging MN to comply with LCD |
Ploiesti Court of Appeal |
The Court dismissed the case on merits. A recourse was filed. |
| Crt. no. |
Parties/Case file number |
Object | Court | Case status |
|---|---|---|---|---|
| 3719/105/2020** | 113/2015 in the sense of executing the works regarding the underground location of the technical-municipal networks for the project "Energy efficiency and lighting extension of the historic area - Sinaia" - in the alternative: in case MN will not execute the works in due time and the City Hall will execute the works in our name and on our behalf, MN will be obliged to pay RON 7,659,402.72 + VAT (RON 9,101,192); - updating the amount requested in subsidiary with the inflation rate and legal interest. |
|||
| 17 | Plaintiff: DEER Defendant: Romenergy Industry S.A. 2088/107/2016 |
Bankruptcy - amount: RON 9,224,595.51. | Alba Iulia Court of Appeal |
The court of first instance admitted the request to close the bankruptcy procedure. The debit represents the accumulated receivables as a result of the distribution subsidiaries merger. The appeal was rejected on 06.04.2023. Final. |
| 18 | Plaintiff: Asirom Vienna Insurance Group S.A. Defendant: DEER 439/111/2017 |
Recourse claims – for RON 2,842,347, representing the compensation paid by the plaintiff to the insured company SC Ciocorom SRL following a fire that occurred on 7 March 2013. DEER (former SDTN) fault is invoked for the overvoltage after a power outage. |
Oradea Court of Appeal |
Case dismissed on merits an on the appeal. With recourse within 30 days from the notification of the decision. |
| 19 | Plaintiff: Energo Proiect SRL Defendant: DEER, DEER – Oradea Subsidiary 374/1285/2018 |
Claims of RON 2,387,357. | Cluj Court of Appeal |
On merits and in the appeal, the case was dismissed. The Court admits the appeal declared by the plaintiff ENERGO PROIECT S.R.L., cancels the decision and sends the case to a new trial, the same court. Appeal for retrial. |
| 20 | Plaintiff: DEER Defendant: ELSA 4469/62/2018 |
Claims according to the Courts of Account findings – RON 8,951,811 |
Brasov Court | First instance. The High Court of Cassation and Justice solved the negative competence conflict between Brasov Court and Bucharest Court, the case being in course of settlement at Brasov Court. |
| 21 | Plaintiff: DEER Defendant: directors and managers |
Claims against the former general managers of the company, as a result of the non-fulfillment of some measures ordered by the Court of Accounts for the amount of RON 8,951,812. |
Brasov Court | Suspended untill the final settlement of case no. 4469/62/2018. |
| Crt. no. |
Parties/Case file number |
Object | Court | Case status |
|---|---|---|---|---|
| 342/62/2020* | ||||
| 22 | Plaintiff: EL SERV Defendant: Servicii Energetice Banat S.A. 8776/30/2013 (joint with cu 2982/30/2014) |
Bankruptcy - amount admitted to the list of creditors RON 72,180,439.68. |
Timis Court | Ongoing proceedings. |
| 23 | Plaintiff: EL SERV Defendant: SEO 2570/63/2014 |
Bankruptcy - amount admitted to the list of creditors RON 26,533,446. |
Dolj Court | Ongoing proceedings. |
| 24 | Plaintiff: EL SERV Defendant: SED 8785/118/2014 |
Bankruptcy - amount admitted to the list of creditors: RON 15,130,315.27. |
Constanta Court |
Ongoing proceedings. |
| 25 | Plaintiff: EL SERV Defendant: SE Moldova 4435/110/2015 |
Bankruptcy – amount: admitted to the list of creditors RON 73,708,082.90. |
Bacau Court | Ongoing proceedings. |
| 26 | Plaintiff: EL SERV Defendant: New Koppel Romania 20376/3/2016 |
Claims – EUR 655,164, equivalent of RON 3,210,305.75. |
Bucharest Court |
Ongoing proceedings. |
| 27 | Plaintiff: Integrator S.A. Defendant: EL SERV, SAP Romania 34479/3/2016** |
Claims – EUR 1,277,435.25 license + EUR 2,650,855.68 maintenance – RON equivalent 19,321,005.11 |
Bucharest Court of Appeal |
The case was suspended on 12.06.2019 until the jurisdiction was established in case 3O 266/2017 registered with the Karlsruhe Court and declined in favor of the Mannheim Court. |
| 28 | Plaintiff: EL SERV Defendant: directors and administrators 2013-2014 35815/3/2019 |
Action in attracting the liability of directors and administrators - measure II.7 of Decision no. 13/27.12.2016 issued by the Romanian Court of Accounts– RON 7,165,549 + legal interest of RON 4,485,340.29. |
High Court of Cassation and Justice |
The court dismissed the action as prescribed, ordering the plaintiff to pay the judicial costs. Appeal suspended, considering the death of the respondent Popescu Romeo; steps have been initiated to identify the heirs. Case reinstated, appeal dismissed as unfounded. A recourse was filed, in preliminary proceedings. |
| 29 | Plaintiff: EL SERV Defendant: directors and administrators 2010-2014 35828/3/2019 |
Action in attracting the liability of directors and administrators - measure II.8 of Decision no.13/27.12.2016 issued by the Romanian Court of Accounts for the amount of RON 19,611,812 + Legal penalties of RON 14,475,832.43. |
High Court of Cassation and Justice |
The court dismissed the action as it has been modifed and specified, as prescribed. Orders the plaintiff to pay the judicial costs. An appeal was filed, dismissed as unfounded. A recourse was filed, in preliminary proceedings. |
| 30 | Creditor: EFSA | Bankruptcy – registering to the list of |
Galati Court | Ongoing proceedings. |
| Crt. | Parties/Case file | Object | Court | Case status |
|---|---|---|---|---|
| no. | number | |||
| Debtor: Apaterm S.A. Galati 4783/121/2011* |
creditors for the amount of RON 2,547,551. |
|||
| 31 | Creditor: EFSA Debtor: Ariesmin S.A. Branch 7375/107/2008 |
Bankruptcy - registering to the list of creditors for the amount of RON 20,711,588. |
Alba Court | Ongoing proceedings. |
| 32 | Creditor: EFSA Debtor: Zlatmin S.A. Branch 6/107/2003 |
Bankruptcy - registering to the list of creditors for the amount of RON 9,314,176. |
Alba Court | Ongoing proceedings. |
| 33 | Creditor: EFSA Debtor: Nitramonia S.A. 1183/62/2004 |
Bankruptcy - registering to the list of creditors for the amount of RON 2,321,847 |
Brasov Court | Ongoing proceedings. |
| 34 | Creditor: EFSA Debtor: Remin S.A. 32/100/2009 |
Insolvency proceedings - registering to the list of creditors for the amount of RON 71,443,402. |
Timisoara Court |
Ongoing proceedings. |
| 35 | Creditor: EFSA Debtor: Oltchim S.A. 887/90/2013 |
Bankruptcy - receivable RON 16,700,311. | Valcea Court | Ongoing proceedings. |
| 36 | Creditor: EFSA Debtor: Energon Power and Gas S.R.L. 53/1285/2017 |
Insolvency proceedings - registering to the list of creditors for the amount of RON 2,421,236. |
Cluj Specialized Court |
Case closed on 06.06.2023. Final decision. |
| 37 | Creditor: EFSA Debtor: CUG S.A. 2145/1285/2005 |
Bankruptcy - registering to the list of creditors for the amount of RON 7,880,857. |
Cluj Specialized Court |
Ongoing proceedings. |
| 38 | Creditor: EFSA Debtor: Colterm 4657/30/2021 |
Inslovency - registered to the list of creditors for the amount of RON 2,520,449.97 |
Timis Court | Ongoing proceedings. |
| 39 | Plaintiff: EFSA Defendant: ELSA 6665/3/2019 |
Claims: request of payment rearding the invoices paid without supporting documents, as it has been stated by the Court of Account – RON 7,025,632. |
High Court of Cassation and Justice |
The First Instance court dismissedthe claim of EFSA. The Decision has been appealed and dismissed by the Court. EFSA filed a recourse, definitively dismissed by the Court. |
| 40 | Plaintiff: UAT Targu Secuiesc Defendant: EFSA 886/119/2022 |
Claims – RON 2,718,151.15 | Covasna Tribunal |
In course of settlement. |
| Crt. | Parties/Case file | Object | Court | Case status |
|---|---|---|---|---|
| no. | number | |||
| 41 | Reclamant:EDPR Romania SRL Parat: EFSA 19662/3/2022 |
Claims – RON 3,880,124.69 | Bucharest Tribunal |
The judgment was suspended until the final resolution of file no. 3664/2/2022. |
| 42 | Plaintiff:EFSA Defendant: ARC PARC INDUSTRIAL SRL Called into guarantee: VIBRACOUSTIC ROMANIA SRL |
Claims: RON 7,294,831.26 | Cluj Specialized Court |
In course of settlement. |
| 43 | Plaintiff: Oradea City Defendant: EFSA 752/111/2023* |
Claims: RON 4,177,879 | Bihor Court | In course of settlement. |
| 44 | Creditor:EFSA Debitor: UZTEL SA 1223/105/2023 |
Insolvency proceedings - registering to the list of creditors for the amount of RON 2,466,866.78 |
Prahova Court | Ongoing proceedings. |
| 45 | Plaintiff:EFSA Defendant: ARC PARC INDUSTRIAL SRL 253/1285/2023 |
Claims: RON 2,800,000 | Cluj Specialized Court |
Approves in part the request for issuing the payment order. Settles the debtor to pay the creditor the amount of RON 393,654.37. Rejects the rest of the claim. Sets a payment deadline of 30 days from the communication of this order. Obliges the debtor to pay the creditor the sum of RON 200, as court costs. With the right to apply for cancellation claim within 10 days of communication. |
| 46 | Plaintiff: Ivan Laura Ionela Ivan Cornel Ionut Ivan Vladimir Mihai Defendant: EL SERV 34705/3/2015 |
Civil liability - work accident resulting in employee death (amount of compensation claims – EUR 3 mn.). |
Bucharest Court |
Case suspended according to art. 413 alin. 1 par. 1 Civil Procedure Code. (criminal case ongoing). |
| 47 | Plaintiff: Cazacu Maria Defendant: DEER 7212/200/2020 |
Liability of the principal for the act of the defendant- work accident resulting in death of an AISE employee (amount of compensation claimed: EUR 510,000) |
Buzau Court | In course of settlement. |
| 48 | Plaintiff: DEER – Defendant: COS Targoviste 1906/120/2013 |
Insolvency – banckrupcy – RON 1,357,789.92. |
Dambovita Court |
Ongoing procedure. The current receivables have been fully recoverd. |
| Crt. no. |
Parties/Case file number |
Object | Court | Case status |
|---|---|---|---|---|
| 49 | Plaintiff: Verta Tel SRL Defendant: DEER 4106/3/2021 |
Claims – contractual liability: RON 2,009,233 |
High Court of Cassation and Justice. |
Case dismissed on merits. Appeal partially admitted with reference to retrial end 3 request. Recourse rejected on 23.03.2023. Final |
| 50 | Plaintiff: DEER Defendant: Getica 95 SRL 1666/114/2021* |
Insolvency – registration at the list of creditors for the amount of RON 26,283,220.67 |
Buzau Court | The court admitted the request to close the insolvency procedure. Definitive. Amount fully recovered. Appeal The admitted appeal sends the case for retrial and continuation of insolvency proceedings. |
| 51 | Plaintiff: DEER Defendant: AEM S.A. 1347/119/2021 |
Claims – contractual liability – RON 2,851,297.30 |
Covasna Court | In course of settlement. |
| 52 | Plaintiff: Rebrean Gheorghe Defendant: DEER 1635/112/2022 |
Claims - the plaintiff requests moral damages in the amount of EUR 500,000 thousand and RON 370 material damages as a result of the bodily injury by electric shock committed on 12.08.2020. |
Bistrita Nasaud Tribunal |
The judgment of 29.06.2023 - partially admits the action, orders DEER to pay the amount of EUR 60,000 as moral damages and RON 150 material damages. With appeal within 30 days of service of the decision. |
| 53 | Plaintiff: DEER Defendant: Electric Planners SRL 25660/3/2022 |
Claims – contractual liability – RON – 2,553,038.40. |
Bucharest Tribunal |
In course of settlement. |
| 54 | Plaintiff: Allsys Energy SA Defendant: DEER 25660/3/2022 |
Aquisition: Annulament of the decision to terminate 5 frame agreements for MM, BH, BN, SJ, SM subsidiaries. Request for payment of damages – RON 8,345,730.71. |
Bucharest Tribunal |
In course of settlement. |
| Crt. no. |
Parties/Case file number |
Object | Court | Case status |
|---|---|---|---|---|
| 1 | Plaintiff: ELSA Defendant: Romanian Court of Accounts 2229/2/2017* |
Partial annulment of Decision no. 12/27 December 2016, issued by the director of the 2nd Direction from the IVth Department of the Romanian Court of Accounts, regarding the faults from point 1 to 8, with the consequence of dismissing the actions from point 1, 3 to 9 inclusive, imposed to ELSA by the disputed Decision; the partial annulment of the conclusion no. 12/27 February 2017 of the Romanian Court of Accounts, rejecting the objection raised by |
Bucharest Court of Appeal |
On 06.07.2023, the Court partially admitted the request formulated by ELSA and partially annulled Conclusion no. 12 / 27.02.2017 and Decision no. 12 / 27.12.2016, issued by the Romanian Court of Accounts, regarding the deviations from point 1, point 2, point 3, point 4 point 5 partially, for rent exceeding the period 17.07.2013- 01.09.2013, point 6, point 7 and |
| Crt. no. |
Parties/Case file number |
Object | Court | Case status |
|---|---|---|---|---|
| ELSA against Decision no. 12, regarding the faults and orders mentioned above. In subsidiary, the extension of the deadlines for carrying out all the measures ordered by ELSA through Decision no. 12/27 December 2016 with at least 12 months; the suspension of the enforceability of Decision no. 12 until final settlement of the present dispute. |
regarding the correlative measures, the measure from point II.7 being maintained for the rent related to the period 17.07.2013- 01.09.2013. Rejects as unfounded the application end regarding the extension of the implementation deadlines. It notes that the applicant has reserved the right to claim separately the costs incurred in the case. With appeal within 15 days of the communication. |
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| 2 | Plaintiff: EL SERV Defendant: Romanian Court of Accounts 2098/2/2017 |
Litigations with the Romanian Court of Accounts for the annulment of the administrative act – Decision no. 11/27 February 2017. |
Bucharest Court of Appeal |
On 31.07.2023, the Court admits the request in part: rejects the exception of illegality as unfounded and admits in part the annulment action as specified. Partially annuls conclusion no. 11/27.02.2017, decision no. 13/27.12.2016 and control report no. 9.100 – 15.553/05.12.2016, respectively with regard to the measures provided for in points I.3, II.7 and II.8. Rejects the annulment action as unfounded. Obliges the defendant to pay the plaintiff the sum of RON 24,801.175 as court costs, according to the provisions of art. 453 para. 2 Civil Code With right of appeal within 15 days of communication. |
| 3 | Plaintiff: DEER Defendant: Romanian Court of Accounts Intervenient: SERV 1677/105/2017 |
Suspension and annulment of the measures imposed by the Decision of Prahova Court of Accounts no. 45/2016, following the Control Report of the Prahova Court of Accounts no. 6618/11 November 2016. |
Prahova Court |
Dismisses the application. With recourse within 15 days from the notification of the decision. |
| Crt. no. |
Parties/Case file number |
Object | Court | Case status |
|---|---|---|---|---|
| 1 | Plaintiff: DEER Defendant: Local Council of Oradea City, RCS&RDS 3340/111/2015 |
Cancellation of Oradea LCD no. 108/17 February 2014 regarding the organization of the public auction for the concession of the 100,000 sqm land area, in order to realize an underground sewerage for the placement of electronic and electrical communications networks. |
Bihor Court | At the request of RCS-RDS, the case was suspended until the case file 2414/2/2016 was settled with Delalina SRL, a file that is in the role of the Bucharest Court of Appeal. The file no. 2414/2/2016 was definitively solved on 22.03.2021, without a request |
| Crt. | Parties/Case file | Object | Court | Case status |
|---|---|---|---|---|
| no. | number | for reinstatement being formulated, following to be ascertained by the court the expiration of the request, DEER no longer having an interest in supporting the request for summons. The Bihor Court found the expiration of the request for summons on 28.03.2023, the solution being final. On 21.04.2021, the court rejects |
||
| 2 | Plaintiff: Carei City and others Defendant: DEER 15600/211/2016* |
Claims - it is requested to grant compensation in the form of material and moral damages, caused, by interrupting the supply of electricity to the consumers, in the Carei municipality, during 31.12.2014-02.01.2015. |
Cluj Specialized Court |
the action of a plaintiff as a result of admitting the exception of lack of capacity to use, rejects the exception of lack of active procedural quality of plaintiffs, invoked by defendants, rejects the exception of lack of passive procedural quality of defendant DEER, rejects the exception of lack of procedural quality liabilities of the defendant Electrica Furnizare SA and admits in part the action in contradiction with the defendant ELECTRICA FURNIZARE SA. Dismisses as unfounded the request for formal proceedings by the applicants in the preceding paragraph in contradiction with DEER. Obliges the defendant ELECTRICA FURNIZARE S.A., to pay the moral damages in favor of the plaintiffs in a differentiated way, in the amount of RON 500 for some of the plaintiffs, RON 750 and RON 1,000 for other plaintiffs, rejecting at the same time the moral damages for other plaintiffs. Appeal filed by Electrica Furnizare. In appeal, the court rejects, as unfounded, the main appeal declared by the appellant Electrica Furnizare SA and rejects, as unfounded, the incidental appeal declared by the respondents TN, and MC. Recourse definitively dismissed. Definitely settled at 20.01.2023 |
| 3 | Plaintiff: E Distributie Banat |
(i) ELSA's compliance with the obligation of not to do regarding the share capital |
Bucharest Court of |
Case dismissed on merits; appeal definitively dismissed by |
| Defendant: ELSA | and the AoA of the EDB and the | Appeal | the court on 07.03.2023. |
| Crt. | Parties/Case file | |||
|---|---|---|---|---|
| no. | number | Object | Court | Case status |
| 12857/3/2019 | termination of abusive actions consisting of the requests addressed to the ONRC to change the structure of the share capital and the articles of association of the EDB by increasing the share capital with the value of the land in the Certificates of attestation of the property right held by ELSA on the land used by EDB in order to carry out the activity; (ii) Stating the fact that Electrica does not hold the quality of public authority involved in the privatization process and, consequently, acknowledging the absence of the right of ELSA to request ONRC to modify the constitutive act of the EDB by increasing the share capital with the value of the land owned by ELSA based on CADP on the used land from EDB; (iii) As against to the abusive actions taken in the EDB's opinion, ELSA's obligation to pay the damages whose existence and amount will be proved by the deadline provided by law. |
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| 4 | Plaintiff: ELSA, SAPE Defendant: E Distributie Banat 949/39/2019 |
Action for the annulment of Shareholders resolution 5/06.12.2018 (share capital increase for SAPE). |
Timisoara Court of Appeal |
Case dismissed on merits; an appeal was filed, in course of settlement. At this case was connected the case no. 988/30/2019. |
| 5 | Plaintiff: ELSA Defendant: UAT Bicaz 91/188/2020 |
1.obliging the defendant to leave us in full ownership and possession of the land in the area of 10,524 sqm (from documents 22,265 sqm), located in Bicaz, Neamt county. 2. rectification of the entries from the land book no. 52954 of Bicaz City, in the sense of elimination of inappropriate entries made in it, in order to agree on the tabular status with the real legal situation of the building, respectively the cancellation of the property right of the tabular owner Bicaz City and the registration of the property right of Societatea Energetice Electrice Electrica S.A. 3. Order the defendant to pay the court costs. |
Bacau Court of Appeal |
The court of first instance partially annuls the Decision of the Local Council of Bicaz no. 94/25.08.2016, respectively regarding the surface of 10,524 sqm of urban land 3, Bicaz, Energiei street (former Plant), located at the last position of the table in the Annex to HCL no. 94/25.08.2016, following the admission of the exception of illegality, invoked by the plaintiff. Dismisses the action brought by ELSA as unfounded. Admits in part the action in the rectification of the land book. It orders the rectification of the Land Book no. 52954 of the City of Bicaz, regarding the land with an area of 10,524 sqm, located in Bicaz, 3, Energiei street, Neamt County (former Uzinei), in the sense of deleting the property right of the defendant Bicaz city, as a result of the |
| Crt. | Parties/Case file | Object | Court | Case status |
|---|---|---|---|---|
| no. | number | |||
| partial annulment of HCL no. 94/25.08.2016, regarding this land. Rejects as unfounded the applicant's request to order the rectification of the Land Book no. 52954 of the City of Bicaz, regarding the land with an area of 10,524 sqm, located in Bicaz, 3, Energiei street, Neamt County (former Uzinei), in the sense of registering the ELSA property right over the above mentioned land. ELSA filed an appeal, dismissed by the court. The decision was appealed, the recourse being definitively dismissed on 09.01.2023. |
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| 6 | Plaintiff: DEER Defendant: ANARC (ANCOM) and Telekom Romania Communications SA 7407/2/2020 |
Appeal against Decision no. 1177 / 13.11.2020 of the ANARC President. It was requested the partial annulment of the ANCOM decision and the complete rejection of the Telekom Romania request. |
Bucharest Court of Appeal |
Action dismissed on the merits. With appeal within 15 days from communication. |
| 7 | Plaintiff: Valenii de Munte City Hall Defendant: DEER 2848/105/2020 |
Valenii de Munte City Hall requests the obligation of DEER (Ploiesti) to take over public lighting installations and to pay their equivalent value of RON 466,880. |
Prahova Court |
Action dismissed on the merits. With appeal within 15 days from communication. |
| 8 | Plaintiff: Grup 4 Instalatii Defendant: DEER 375/1285/2021 |
The obligation of DEER to recognize, to respect the property right of G4Installatii regarding the buildings located in Cluj Napoca, 28A, Ilie Macelaru Street and 2, Uzinei Electrice Street, registered in land book 297841 Cluj Napoca with no. 297841, consisting of land with an area of 10720 sqm and constructions: construction registered in land book with no. 297841- C1, construction of administrative headquarters with an area of 1560 sqm; body A, construction no. 297841- C2 - 512 sqm, building B, construction no. 297841 - C3 - 171 sqm, building C, construction no. 297841 - C4 - 338 sqm, building D, construction no. 297841-C6 - 348 sqm - 110/10 Kw Transformation Station. It is requested the handing over of the above buildings and the rectification of the land book registrations in the sense of: the annulment of the tabulation conclusions by which the DEER property right was registered, the deregistration of the land book property right, the registration of the property right in favor of G4I. |
Cluj Court of Appeal |
The court admits the exception of the material incompetence of the Cluj Specialized Tribunal, an exception invoked ex officio and consequently declines the competence to resolve the request for summons in favor of the Cluj Tribunal-Civil Section. Case admitted in part. An appeal was filed, in course of settlement. |
| 9 | Plaintiff: ELSA | 1. obliging the defendants to leave us in | Hunedoara | Action admitted in part. ELSA |
| Crt. no. |
Parties/Case file number |
Object | Court | Case status |
|---|---|---|---|---|
| Defendant: Kaufland Romania SCS, Deva City, through the Mayor and Deva City Council 156/221/2021* |
full ownership and possession of the land surfaces that overlap with the ELSA land located in Deva municipality, 1, Dorobanti street, Hunedoara county, as follows: (a) Kaufland Romania SCS - land areas of 15 sqm and 50 sqm (part of the Kaufland Deva parking lot), identified by IE 68452, which overlap to the N-W with the land owned by Electrica; (b) Deva Municipality, through the Mayor and the Local Council of Deva Municipality - land areas: (i) 2 sqm (part of the "Playground for children"), identified by IE 71851, which overlaps to the NE with the land in the ownership of Electrica and (ii) of 23 sqm (part of "Calea Zarandului"), identified by IE 75973, which overlaps to the SW with the land owned by Electrica; 2. the delimitation of the above mentioned properties, by establishing the boundary line according to the property deeds of the parties; 3. rectification of the entries in the land book regarding the above-mentioned land areas, in the sense of eliminating the inappropriate entries made, in order to reconcile the tabular status with the real legal situation of the real estate, respectively of the cancellation of the property right tabular owners and the registration of the property right of the applicant ELSA over these land areas. |
Tribunal | filed an appeal – in course of settlement by Civil Section I of Hunedoara Tribunal (following the settlement of the lack of material competence of the court). |
|
| 10 | Creditor: Eurototal Comp SRL Debtor: DEER 1221/1285/2022 |
Insolvency – RON 1,255,000 | Cluj Court of Appeal |
The amount has been entirely paid on 3 January 2023 and the creditor waived the trail of the insolvency request, subsequently filing a recourse. Void recourse. Final. |
| 11 | Plaintiff: Sinan Mustafa Defendant: DEER SA 10249/211/2023 |
Action for contractual liability. Requests the payment of the amount of RON 144,978.69 representing the bonus not granted at the end of the mandate contract, and the related legal penalty interest. |
Court Cluj Napoca |
In course of settlement. |
| Table 1. Company details4 | |
|---|---|
| Table 2. ELSA's subsidiaries 27 |
|
| Table 3. ELSA's associates 27 |
|
| Table 4. Long term investments owned by ELSA 28 |
|
| Table 5. Ownership 36 structure |
|
| Table 6. Consolidated statement of profit or loss (RON mn.)38 | |
| Table 7. Structure of the electricity and gas purchased expenses (RON mn.)41 | |
| Table 8. The potential key drivers of changes in the electricity market54 |
| Figure 1: Quantity of electricity distributed on voltage levels (TWh)32 | |
|---|---|
| Figure 2: RRAB analysis of the distribution segment result for the year 2023 (RON mn.) 33 |
|
| Figure 3: Analysis of regulated profit - OMFP 2844 budgeted result for the distribution segment for the year 2023 (RON mn.) |
|
| 34 | |
| Figure 4: Corrections approved by ANRE that affect the tariffs for the year 2023 (RON mn.)35 | |
| Figure 5: Ownership structure as of 30 June 2023 37 |
|
| Figure 6: Revenue for H1 2023 and comparative information (RON mn.) 40 |
|
| Figure 7: EBITDA and EBITDA margin for H1 2023 and comparative information (RON mn. and %)43 | |
| Figure 8: EBIT and EBIT margin for H1 2023 and comparative information (RON mn. and %) 44 |
|
| Figure 9: Net result and Net result margin for H1 2023 and comparative information (RON mn. and %)44 | |
| Figure 10: Analysis of regulated net result - OMFP 1802/2014 - OMFP 2844/2016 for the distribution segment at H1 2023 |
|
| (RON mn.) 45 |
| ANRE | Romanian Energy Regulatory Authority |
|---|---|
| BoD | Board of Directors |
| BRP | Balance Responsible Party |
| BSE | Bucharest Stock Exchange |
| CAPEX | Capital Expenditure |
| CGC | Corporate Governance Code |
| CMBC (EA/CN) | Centralized Market for Bilateral Contracts (Extended Auction/Continuous Negotiation) |
| CMC | Competitive Market Component |
| CMNG-AN | Centralized Market for Bilateral Natural Gas Contracts – Auction and Negotiation |
| CMNG-PA | Centralized Market for Bilateral Natural Gas Contracts – Public Auction |
| CMNG – OTC |
Centralized Market for Bilateral Natural Gas Contracts – OTC |
| CMUS | Centralized Market for Universal Service |
| CNTEE | The National Transmission System Operator |
| DAM | Day Ahead Market |
| DAM-NG | Day Ahead Market – Natural Gas |
| DEER | Distributie Energie Electrica Romania |
| DSO | Distribution System Operator |
| EBIT | Earnings before interest and tax |
| EBITDA | Earnings before interest, tax, depreciation and amortization |
| EDN | Electrical Distribution Network |
| ELSA | Electrica S.A. |
| EGMS | Extraordinary General Meeting of Shareholders |
| EU | European Union |
| EUR | EURO, the monetary unit of several member states of the European Union |
| FPM-LT | Medium and Long Term Flexible Products Market |
| GC | Green Certificates |
| GDP | Gross Domestic Product |
| GDR | Global Depositary Receipts |
| GEO | Government Emergency Ordinance |
| GMS | General Meeting of Shareholders |
| HV | High Voltage |
|---|---|
| IAS | International Accounting Standard |
| IFRIC | International Financial Reporting Interpretations Committee |
| IFRS | International Financial Reporting Standard |
| IM-NG | Intraday Market for Natural Gas |
| IPO | Initial Public Offering |
| IR | Investor Relations |
| ISIN | International Securities Identification Number |
| KPI | Key Performance Indicators |
| kV | KiloVolt |
| LR | Last Resort |
| LV | Low Voltage |
| MV | Medium Voltage |
| MVA | Mega Volt Ampere |
| MWh | MegaWatt hour |
| MKP | Management Key Position |
| NAFA | National Agency for Fiscal Administration |
| NES | National Energy System |
| NL | Network Losses |
| NRC | Nomination and Remuneration Committee |
| OMPF | Order of Ministry of Public Finances |
| OGMS | Ordinary General Meeting of Shareholders |
| OHL | Overhead Line |
| OHS | Occupational Health and Safety |
| OPCOM | Romanian Gas and Electricity market operator |
| RAB | Regulated Asset Base |
| RM | Retail Market |
| RON | Romanian monetary unit |
| RRR | Regulated Rate of Return |
| SAD | Distribution Automation System |
| SCADA | Supervisory Control And Data Acquisition |
| SDMN | Societatea de Distributie a Energiei Electrice Muntenia Nord |
| SDTN | Societatea de Distributie a Energiei Electrice Transilvania Nord |
|---|---|
| SDTS | Societatea de Distributie a Energiei Electrice Transilvania Sud |
| SEM | Servicii Energetice Muntenia SA |
| SEO | Servicii Energetice Oltenia SA |
| SoLR | Supplier of last resort |
| TWh | TeraWatt hour |
| TSO | Transmission and system operator |
| UM | Unit of Measurement |
| US | Universal Service |
| VAT | Value Added Tax |
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