Annual
REPORT
2023
2
3
Summary
04
06
Message from the
Chair of the Boards of
Directors
Message from the Chief
Executive Officer
08
366
370
2023 Directors’ Report
Explanations Regarding
the Differences between
Consolidated Financial
Statements OMFP
2844/2016 vs IFRS-EU
2023 Separate Financial
Statements
438
446
524
INDEPENDENT AUDITOR’S
2023 Consolidated
REPORT on 2023
Financial Statements
separate financial
(OMFP 2844/2016)
statements
INDEPENDENT AUDITOR’S
REPORT on 2023
consolidated financial
statements (OMFP
2844/2016)
years from the admission to trading on the Bucharest
Stock Exchange and London Stock Exchange.
Electrica Group is a key player in the energy sector, active in the
distribution, supply, production, and energy services segments,
serving over 3.9m users.
532
614
624
2023 Consolidated
INDEPENDENT AUDITOR’S
Financial Statements
REPORT on 2023
Statement of the
Management
(IFRS-EU)
consolidated financial
statements (IFRS-EU)
2023 ANNUAL REPORTSUMMARY2023 ANNUAL REPORT4
5
MESSAGE FROM
THE CHAIR OF THE BOARD OF DIRECTORS
With a challenging year behind us, we are proud to look back on Electrica Group’s achievements
in 2023 and move confidently and enthusiastically towards the future. Last year saw a remarkable
development, highlighting the team’s ability to successfully navigate the energy market complexities
and to turn obstacles into opportunities for growth and innovation.
2023 marked a significant milestone in the company’s path to excellence, managing to generate a
financial result that reflects solid performance at consolidated level and efficiency of cost optimization
strategies. This result is proof of our ongoing commitment to efficiency, sustainability and innovation.
In the context of a constantly changing energy landscape, Electrica has adapted and refined its
strategy in force to meet the needs of the customers and of the market and to ensure a smooth
transition to a green economy, at the end of the year being launched the strategy for the next six
years. The new strategic directions are meant to strengthen the Group’s position on the energy market
and to accelerate performance growth, bringing benefits for customers through diversification and
improvement of the portfolio of services, and also benefits for shareholders through stable long-term
results.
As we look to the future, our strategy for 2024-2030 is clear and ambitious. We aim to accelerate the
transition to green energy and to contribute to achieving the national and European sustainability
goals. We are determined to explore new growth opportunities and to harness the potential of
emerging technologies for creating innovative and sustainable energy solutions.
The year 2024 also represents a transition phase from the Fourth Regulatory Period (RP4) to the Fifth
Regulatory Period (RP5), which will bring important news for the industry. Therefore, the watchword of
this year should be flexibility - the willingness to find the best solutions, to adapt to a world in constant
transformation.
At the same time, 2024 also marks the 10th anniversary of the company’s listing on the capital market.
This milestone opened new horizons for Electrica, by accessing capital for strategic investments and
expansion in related fields. Moreover, the listing strengthened the commitment to transparency and
excellence in corporate governance, building a solid foundation for the relationship with shareholders
and investors. This anniversary is the opportunity to reaffirm Electrica Group’ vision and to renew
its commitment to all stakeholders. It is an opportunity to celebrate past achievements but, more
importantly, to look with optimism and determination to the future.
In conclusion, I would like to express my gratitude to all those who contributed to Electrica’s success
- the dedicated team, partners, shareholders and, of course, customers. Together, we will continue to
innovate, to grow and to contribute to a greener and more sustainable world!
D um it ru Chi riță
Chair of the Board of Directors of Electrica
MESSAGE FROM THE CHAIR OF THE BOARDS OF DIRECTORSMESSAGE FROM THE CHAIR OF THE BOARDS OF DIRECTORS2023 ANNUAL REPORT2023 ANNUAL REPORT6
7
MESSAGE FROM THE CEO
The energy sector continues to undergo a stage marked by significant transformations globally
and locally, against the backdrop of climate change, legislative developments, and technological
innovations. With over 125 years of experience and a solid team, Electrica has successfully responded
to the challenges, meeting the set objectives, although the path has not always been easy.
The year 2023 was defined by our commitment to green energy and strategic investments. We focused
on developing renewable energy production, expanding in this segment being more than just a
business decision. It is part of our vision to contribute to building a sustainable future for Romania. As a
Romanian company, we take responsibility for innovating and implementing solutions that benefit not
only us and our customers but society as a whole. This is the direction we pursue with determination,
with a strong focus on promoting a green economy and ensuring a cleaner environment for future
generations.
At the same time, thanks to optimization measures and the joint effort of the Group, we achieved
solid financial results. The Electrica Group ended 2023 with an 11% increase in consolidated net profit,
amounting to 620.4 million lei, and a 27% increase in EBITDA, reaching a value of 1,732.7 million lei.
Together, we have succeeded in increasing the capacity of Group companies to optimize their
operations, make investments, even exceeding 100% in the distribution area, improve network access,
and, very importantly, better coordinate field activities. We continued to invest heavily in modernizing
our IT infrastructure and management systems, as well as in cybersecurity, all contributing to the
safety and improvement of the quality of services offered to our customers. The optimization process
is a complex and continuous one, naturally pursuing the interests of both our customers and our
shareholders.
Also, through our distribution operator, last year we achieved another important milestone - attracting
non-reimbursable financing totalling about a quarter of a billion euros for the development and
modernization of the networks we manage. This is the largest amount in the field.
In terms of recognition, for the third consecutive year, Electrica has been among the companies
that received a maximum score of 10 in the VEKTOR evaluation, the indicator of communication with
investors for companies listed on the stock exchange. Moreover, this has been a constant concern
for us, as throughout the year we were one of the three companies selected in the Investor Relations
and Liquidity Support Program run by the European Bank for Reconstruction and Development and the
Bucharest Stock Exchange.
Also, another remarkable achievement is the inclusion of Electrica in the international FTSE Russell
indices starting on 18 March 2024, which complements the fact that Electrica shares recorded an
exceptional yield both in 2023 (43.4%) and in the first quarter of 2024 (16%), exceeding the BET-TR index
(40% in 2023, respectively 10.8% in the first quarter of 2024).
Also in 2023, Electrica maintained its position as 7th in the Top 50 most valuable Romanian brands,
being the highest position occupied so far. The company’s brand market value, estimated in the
ranking, reached 260 million euros, representing a 28% increase compared to 2022.
Last but not least, I want to thank each member of the Electrica team for their dedication and effort in
2023. I am grateful to our partners, collaborators, shareholders, and, of course, our customers for the
trust they have placed in us and for the constant support they have provided. Collectively, we hold the
power to craft a greener and more prosperous future for Romania’s energy landscape!
Al ex a ndru Chiriță
Electrica’s CEO
MESSAGE FROM THE CHIEF EXECUTIVE OFFICERMESSAGE FROM THE CHIEF EXECUTIVE OFFICER2023 ANNUAL REPORT2023 ANNUAL REPORT8
9
DIRECTORS’ REPORT
FOR THE YEAR 2023
(based on the individual and consolidated financial statements
prepared in accordance with the International Financial Reporting
Standards as adopted by the European Union) – IFRS-EU
REGARDING THE ECONOMIC AND FINANCIAL ACTIVITY OF
SOCIETATEA ENERGETICA ELECTRICA S.A. and ELECTRICA GROUP
as well as
(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) – OMFP 2844/2016
REGARDING THE ECONOMIC AND FINANCIAL ACTIVITY OF
SOCIETATEA ENERGETICA ELECTRICA S.A. and ELECTRICA GROUP
in compliance with art. 63 of the Law no. 24/2017 on issuers of
financial instruments and market operations and with annex no.
15 to ASF Regulation no. 5/2018 and the Bucharest Stock Exchange
for the 12-month period ended 31 December 2023
Code
NOTE: This report contains the financial analysis of both sets of
financial statements mentioned above, which were drawn up
and submitted to the approval of the Ordinary General Meeting
of Shareholders on 27 April 2023 by the Board of Directors of
Electrica S.A.. Further in this report, where there are differences
between financial indicators, the corresponding standard will be
expressly marked (S-IFRS-EU, respectively S-OMFP 2844/2016)
Free translation from Romanian, which is the official and binding version, and will
prevail, in the event of any discrepancies with the English version
10
11
Contents
Identification details of Electrica
1 Electrica 2023 Overview
1.1
1.1.1
1.1.2
2023 Key financial data
2023 Key financial data - S-IFRS-EU
2023 Key financial data - S-OMFP 2844/2016
1.2
Key events in 2023
1.2.1
1.2.2
1.2.3
1.2.4
1.2.5
1.2.6
1.3
1.3.1
1.3.2
1.3.3
1.3.4
Decisions of ELSA’s BoD
General Meetings of Shareholders (GMS)
Other relevant events
Litigations with significant impact on the financial performance
Distribution segment
Supply segment
Subsequent events to the balance sheet date
General Meetings of Shareholders
Decisions of ELSA’s BoD
Other relevant events
Litigation
2 Electrica Group
2.1
2.2
2.3
2.4
Organizational structure
Key elements of the 2024 – 2030 Corporate Strategy
Outlook
Key factors, directions and significant market trends affecting the operational
results of Electrica Group
3 Electrica on the capital markets
3.1
3.2
3.2.1
3.2.2
Ownership structure
Shares evolution on BSE and Global depository receipts (GDRs) evolution on LSE
BSE shares:
Global Depositary Receipts (GDRs) on the LSE:
14
16
18
18
19
26
26
28
29
40
45
47
50
50
50
51
53
55
56
59
63
68
75
76
77
77
78
3.3
3.4
3.5
3.6
3.7
Investor relations (IR)
Related parties transactions
Dividends policy
Dividend distribution
Own shares
4 Corporate Governance in ELSA
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
Corporate Governance Code
General Meeting of ELSA’s Shareholders
Shareholders’ rights
ELSA’s Board of Directors
The activity of ELSA’s Board of Directors and of its consultative
committees in 2022
ELSA’s Executive management
Remuneration of the Directors and of the Executive Managers with mandate
agreements
Statement regarding the corporate governance “Comply or Explain”
Implementing action plans undertaken by signing the framework agreement
with EBRD
4.10
Internal audit activity report for 2023
5 Operating activity of Electrica in 2023
5.1
Operating segments
5.1.1
5.1.2
5.1.3
5.1.4
Distribution segment
Supply segment
Energy services segment
Electricity production
5.2
Fixed assets
5.2.1
5.2.2
Tangible assets – summarize key aspects of their location and main
characteristics
Tangible assets – summarize key aspects of their attrition
81
83
83
84
85
87
88
90
92
94
108
116
122
122
132
141
143
144
145
146
147
148
149
149
150
2023 DIRECTORS’ REPORT2023 DIRECTORS’ REPORT2023 ELECTRICA ANNUAL REPORT2023 ELECTRICA ANNUAL REPORT12
13
5.2.3
5.2.4
5.3
5.4
5.5
5.6
5.7
5.8
5.9
Investments
Aspects of ownership of tangible assets
Procurement
Sales activity
Personnel
Environmental considerations
Research and development activities
Significant aspects of the impact of subsidies on the capitalization of
additional costs related to technological consumption (NL)
Principle of business continuity – substantiation and working hypothesis
6 Electrica financial reporting for 2023
6.1
6.1.1
6.1.2
6.2
6.2.1
6.2.2
6.3
6.3.1
6.3.2
6.4
6.5
6.6
6.7
6.8
6.9
7 Statements
Consolidated statement of the financial position
Consolidated statement of the financial position – S-IFRS-EU
Consolidated statement of the financial position – S-OMFP 2844/2016
Consolidated statement of profit or loss
Consolidated statement of profit or loss – S-IFRS-EU
Consolidated statement of profit or loss – S-OMFP 2844/2016
Consolidated cash flow statement
Consolidated cash flow statement –S-IFRS-EU
Consolidated cash flow statement- S-OMFP 2844/2016
Separate statement of the financial position
Separate statement of profit or loss
Separate cash flow statement
Restatements – S-IFRS-EU
Risk management
Description of the main features of internal control and risk management
systems in relation to the financial reporting process
152
157
157
158
162
166
168
169
170
173
174
174
180
186
186
192
199
199
203
207
212
214
218
220
233
237
Appendix 1 – Litigations
A.1
Electrica Group litigations in 2023:
A.1.1
A.1.2
A.1.3
A.1.4
A.1.5
Disputes with ANRE
Fiscal matter disputes
Other significant litigations (with a value higher than EUR 500 thousand)
Litigations against the Romanian Court of Accounts
Other litigations with significant impact204
Appendix 2 – Details of the main investments of Electrica Group during 2023
Appendix 3 – Applicable regulatory framework
A.3.1
Applicable legal framework compared to 2023 vs 2022
A.3.1.1
Distribution activity
A.3.1.2
Supply activity
A.3.2
Changes to the legal framework in 2023/2024 up to the date of approval of
the financial statements
A.3.2.1
Distribution segment
A.3.2.2
Supply segment
Appendix 4 – Corporate Governance
A.4.1
A.4.2
A.4.3
A.4.4
The Board of Directors of ELSA’s subsidiaries
Executive management of ELSA’s subsidiaries
Number of shares owned by the managers of Electrica Group
General Meetings of Shareholders of ELSA subsidiaries
Appendix 5 – Table list
Appendix 6 – Figures list
Glossary
240
240
240
242
245
256
257
267
281
281
281
313
340
340
347
351
351
352
355
356
358
360
362
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15
Identification details of Electrica
Report date: 25 March 2024
Name of the Issuer: Societatea Energetica Electrica S.A.
Headquarter: 9, Grigore Alexandrescu Street, 1st District, Bucharest, Romania
Telephone/fax number: +4021.208.5999; +4021.208.5998
Fiscal code: 13267221
Trade Registry No: J40/7425/2000
LEI Code (Legal Entity Identifier): 213800P4SUNUM5AUDX61
Subscribed and paid share capital: RON 3,464,435,970
Main characteristics 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.
Reporting period: 2023 Year (period 1 January - 31 December 2023)
Applicable accounting standards:
Audit:
•
International Financial Reporting Standards as
The consolidated financial statements (both sets, S-IFRS-
approved by the European Union (“IFRS-EU”)
EU and S-OMFP 2844/2016) and respectively the individual
• Order of the Ministry of Public Finance no. 2844/2016
financial statements as of and for the period ended 31
for the approval of the Accounting Regulations in
December 2023 are audited by an independent financial
accordance with International Financial Reporting
auditor.
Standards (OMFP 2844/2016)
Table 1. Company details
ISIN
ROELECACNOR5
US83367Y2072
Ordinary Shares
GDR
Bloomberg Symbol
Currency
0QVZ
RON
Nominal Value
RON 10
ELSA:LI
USD
-
Stock Market
Bucharest Stock Exchange REGS
London Stock Exchange MAIN MARKET
Ticker
Source: Electrica
EL
ELSA
2023 DIRECTORS’ REPORT2023 ANNUAL REPORT2023 DIRECTORS’ REPORT2023 ANNUAL REPORT16
17
1. ELECTRICA 2023
OVERVIEW
18
19
1.1 2023 Key financial data
1.1.1 2023 Key financial data - S-IFRS-EU
S-IFRS-EU: In 2023, the net result of the Electrica Group was a profit of RON 772.1 mn., a result generated
mainly by the performance of the distribution segment in the context of decreasing electricity costs to
cover NL. as a result of the implementation of the MACEE centralized purchase mechanism, according to
which producers are to sell 80% of the available energy at a price of 450 RON/MWh, impact mitigated by the
increase in volumes of electricity needed to cover grid losses.
S-IFRS-EU: For the supply segment, both in 2023 and 2022, the effect of retail electricity prices was covered
by subsidies received from the state authorities as a result of the application of the electricity and natural
gas price cap mechanism, following the application of Ordinance 27/2022, as amended and supplemented.
The way these schemes were implemented and the mechanism for the settlement of the amounts
granted as support to customers, ex-post from the state budget to the electricity suppliers, generated
constraints in terms of cash flow, as well as uncertainties regarding the full recovery of these amounts by
the suppliers. In this context, EFSA has adapted its medium and long-term strategy to manage the impact
of these measures on the company’s activities in a responsible and sustainable manner in the context of a
regulatory framework that has undergone many successive and major changes in recent times.
S-IFRS-EU: As of 31 December 2023, the Group has a capital structure with net debt position of RON 3,835
mn. (31 December 2022: RON 3,051 mn., respectively 31 December 2021: RON 1,056 mn.).
Figure 1: Consolidated revenue of Electrica
Group (RON mn.) - S-IFRS-EU
Figure 2: EBITDA (RON mn.) and EBITDA margin
(%)- S-IFRS-EU
10,010
10,010
9,8179,817
9,401
9,273
7,1797,179
6,597
17.5%
1,714
3.7%
374
-1.8%
(128)
Green Certificates Revenues
Revenues excl Green Certificates
EBITDA
EBITDA Margin
Source: Electrica
Source: Electrica
S-IFRS-EU: The revenues of the Electrica Group in 2023, 2022 and 2021 were RON 9,817 mn., RON 10,010 mn.,
respectively RON 7,179 mn.
Figure 3: Consolidated net profit (RON mn.) -
S-IFRS-EU
Figure 4: Net debt (RON mn.) - S-IFRS-EU
Table 2. Key financial data for 2023 – 2021 - S-IFRS-EU
(RON mn.)
Revenue
Other operating income
Operational costs
EBITDA
EBIT
Gross profit
Net profit
2023
9,817
3,499
2022*
10,010
2,841
2021
7,179
196
(12,123)
(12,973)
(7,980)
1,714
1,192
898
772
374
(123)
(288)
(240)
(128)
(606)
(632)
(553)
Source: Electrica
*The amounts for 2022 have been restated, detailed in sub-chapter 6.7 of this report
S-IFRS-EU: As can be seen in the graphs below, the EBITDA margin increased by RON 1,340.5 mn. in 2023
compared to 2022 (vs. RON 502 mn. increase in 2022 compared to 2021), while the net profit margin
increased by RON 1,012.6 mn. (vs. increase RON 312.5 mn. in 2022 compared to 2021).
1 Adjusted EBITDA (Earnings before interest, tax, depreciation and amortisation or namely EBITDA) is defined and calculated as profit/
(loss) before tax adjusted for i) depreciation, amortization and impairment/reversal of impairment of property, plant and equipment and
intangible assets, and iii) net finance income. EBITDA is not an IFRS measure and should not be treated as an alternative to IFRS measures.
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.
7.9%
-2.4%
3,051
3,835
-7.7%
1,056
Net Result
Net Result Margin
Source: Electrica
Source: Electrica
1.1.2 2023 Key financial data - S-OMFP 2844/2016
S-OMFP 2844/2016: In 2023, the net result of the Electrica Group was a profit of RON 620 mn., a result
generated mainly by the performance of the distribution segment in the context of decreasing electricity
costs to cover NL. as a result of the implementation of the MACEE centralized purchase mechanism,
according to which producers are to sell 80% of the available energy at a price of 450 RON/MWh, impact
mitigated by the increase in volumes of electricity needed to cover grid losses.
Starting from 30 September 2022, the Company applies the provisions of GEO no. 119/2022, whereby the
additional costs with the purchase of electricity made in the period 1 January 2022 - 31 August 2023, in
order to cover its own technological consumption, compared to the costs recognized in the regulated
tariffs, are capitalized quarterly. For the evolution in terms of financial performance 2023 vs 2022, in 2023,
the capitalized NL for the period 01 January - 31 December 2023 was approx. 18 mn. RON compared to 2022
2 Net debt/(Cash) is defined as bank borrowings + bank overdrafts + financial leases + funding for concession agreements - cash and cash
equivalents – restricted cash - bank deposits, treasury bills and government bonds.
2023 DIRECTORS’ REPORTELECTRICA 2023 OVERVIEW2023 DIRECTORS’ REPORTELECTRICA S.AELECTRICA 2023 OVERVIEWELECTRICA S.A2023 ANNUAL REPORT2023 ANNUAL REPORT20
21
when a value of 989 mn. RON was recorded, the Group managing to reduce the additional costs related to
S-OMFP 2844/2016: As of 31 December 2023, the Group has a capital structure with net debt position of RON
the purchase of electricity for NL on the distribution segment. The operational performance was motivated
3,835 mn. (31 December 2022: RON 3,051 mn., respectively 31 December 2021: RON 1,056 mn.).
by the decrease in NL costs and by the reduction of other operational costs as well as by higher revenues
from reactive energy. It should be mentioned that the intangible assets built up together with the income
from capitalisation of NL costs are non-cash, in the coming periods they will be recovered in terms of
billings and subsequently receipts, starting from 01 April 2023.
S-OMFP 2844/2016: For the supply segment, both in 2023 and 2022, the effect of retail electricity prices
was covered by subsidies received from the state authorities as a result of the application of the electricity
and natural gas price cap mechanism, following the application of Ordinance 27/2022, as amended and
supplemented. The way these schemes were implemented and the mechanism for the settlement of
the amounts granted as support to customers, ex-post from the state budget to the electricity suppliers,
generated constraints in terms of cash flow, as well as uncertainties regarding the full recovery of these
amounts by the suppliers. In this context, EFSA has adapted its medium and long-term strategy to manage
the impact of these measures on the company’s activities in a responsible and sustainable manner in
the context of a regulatory framework that has undergone many successive and major changes in recent
times.
S-OMFP 2844/2016: The revenues of the Electrica Group in 2023, 2022 and 2021 were RON 9,817 mn., RON
10,010 mn., respectively RON 7,179 mn.
Table 3: Key financial data for 2023 – 2021 - S-OMFP 2844/2016
(RON mn.)
Revenue
Other operating income
Capitalised costs of intangible non-current assets
2023
9,817
3,499
19
2022
10,010
2,841
989
2021
7,179
196
-
Figure 5: Consolidated revenue of Electrica
Group (RON mn.) - S-OMFP 2844/20166
Figure 6: EBITDA (RON mn.) and EBITDA margin
(%) - S-OMFP 2844/2016
10,010
10,010
9,8179,817
7,1797,179
6,597
9,401
9,273
-1.8%
13.6%
1,363
17.7%
1,733
Green Certificates Revenues
Revenues excl Green Certificates
EBITDA
EBITDA Margin
Source: Electrica
Source: Electrica
Figure 7: Consolidated net profit (RON mn.) -
S-OMFP 2844/2016
Figure 8: Net debt (RON mn.) - S-OMFP
2844/20166
5.6%
559
6.3%
620
(553)
-7.7%
3,051
3,835
1,056
Operational costs
(12,323)
(13,011)
(7,980)
Net Result
Net Result Margin
EBITDA
EBIT
Gross profit
Net profit
Source: Electrica
1,733
1,011
717
620
1,363
829
664
559
(128)
(606)
(632)
(553)
Source: Electrica
Source: Electrica
DISTRIBUTION SEGMENT
Essential market information:
S-OMFP 2844/2016: As can be seen in the graphs below, the EBITDA margin increased by RON 370 mn. in
• Electricity distribution in Romania is fulfilled mainly by six electricity distribution system operators,
2023 compared to 2022 (vs. RON 1,491 mn. increase in 2022 compared to 2021), while the net profit margin
regulated by ANRE;
increased by RON 61 mn. (vs. increase RON 1,112 mn. in 2022 compared to 2021).
• Each company is responsible for the exclusive distribution of electricity in the region for which it is
3 Adjusted EBITDA (Earnings before interest, tax, depreciation and amortisation or namely EBITDA) is defined and calculated as profit/
(loss) before tax adjusted for i) depreciation, amortization and impairment/reversal of impairment of property, plant and equipment and
intangible assets, ii) impairment of assets held for sale and iii) net finance income. EBITDA is not an IFRS measure and should not be treated
as an alternative to IFRS measures. 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.
authorized, under a concession agreement concluded with the Romanian State;
• PPC (formerly Enel) owns three distribution companies each, while Electrica through Distributie Energie
Electrica Romania (formed by the merger at 31 December 2020 of Societatea de Distributie a Energiei
Electrice Transilvania Nord, Societatea de Distributie a Energiei Electrica Transilvania Sud and Societatea
de Distributie a Energiei Electrice Muntenia Nord), owns 3 network zones, CEZ through Distributie Oltenia
and E.ON through Delgaz Grid own the remaining two;
2023 DIRECTORS’ REPORTELECTRICA 2023 OVERVIEW2023 DIRECTORS’ REPORTELECTRICA S.AELECTRICA 2023 OVERVIEWELECTRICA S.A2023 ANNUAL REPORT2023 ANNUAL REPORT22
23
• Electrica Group is a key player in the electricity distribution sector, both in terms of areas covered and of
KEY FINANCIAL INDICATORS FOR DISTRIBUTION SEGMENT
number of users served;
• The estimated Regulated Assets Base (RAB) value at the end of 2023 was RON 7.2 bn (nominal terms);
• S-IFRS-EU: In 2023, revenues from the electricity distribution segment increased by
• 203,391 km of electric lines - 7,604 km for High Voltage (“HV”), 46,941 km for Medium Voltage (“MV”) and
148,846 km for Low Voltage (“LV”);
• Total area covered: 97,196 km2, 40.8% of Romania’s territory;
• 3.93 mn. users (2023) for the distribution activity;
• 17.05 TWh of electricity distributed in 2023, a decrease of 3.8% as compared to 2022;
• 39.7% market share for the distribution of electricity to final users in 2022 (based on distributed
quantities, according to ANRE report for 2022).
Figure 9: Romanian electricity distribution map
Source: Electrica
Figure 10: Evolution of the number of users (mn.)
Figure 11: Quantity distributed (TWh)
9.559.55
5.785.78
3.773.77
9.679.67
5.875.87
3.803.80
9.799.79
9.99.9
5.965.96
6.066.06
3.833.83
3.883.88
44.90
44.90
44.1044.10
46.30
46.30
44.65
44.65
27.1727.17
26.62
26.62
27.83
27.83
26.93
26.93
17.73
17.73
17.48
17.48
18.47
18.47
17.73
17.73
Electrica
Others
Electrica
Others
Source: ANRE Report for performance indicators’ monitoring
2022, Electrica
Source: ANRE Report for performance indicators’ monitoring 2022,
Electrica
approximately RON 1,014.8 mn., or 29.9%, to RON 4,411.5 mn., from RON 3,396.6 mn. in 2022
mainly due to the effect of the RON 407.6 mn. increase in revenues recognized under IFRIC
12 (recognised on the basis of the stage of completion of the works, in accordance with the
accounting policy on the recognition of revenue from construction contracts), to which was
added the increase in distribution tariffs as well as the decrease in volumes of electricity
distributed, with a net impact of RON 725.9 mn. or 39.9%.
• S-IFRS-EU: The net profit of the segment is RON 637.8 mn. in 2023, compared to the net loss
of RON 491.2 mn. in 2022. The net profit is favourably influenced by the increase of revenue of
RON 1,014.8 mn., reaching RON 4,411.5 mn. in 2023 compared to RON 3,396.6 mn. in 2022.
• S-OMFP 2844/2016: In 2023, revenues from the electricity distribution segment increased
by approximately RON 1,014.8 mn., or 29.9%, to RON 4,411.5 mn., from RON 3,396.6 mn. in 2022
mainly due to the effect of the RON 407.6 mn. increase in revenues recognized under IFRIC
12 (recognised on the basis of the stage of completion of the works, in accordance with the
accounting policy on the recognition of revenue from construction contracts), to which was
added the increase in distribution tariffs as well as the decrease in volumes of electricity
distributed, with a net impact of RON 607.2 mn. or 24.9%.
• S-OMFP 2844/2016: EBITDA in the distribution segment was favourably influenced in 2022 by
revenues from the production of intangible assets from the capitalisation of additional costs
with NL which contributed with an increase of RON 989.3 mn. compared to 2023 when their
contribution was only RON 18.6 mn..
• S-OMFP 2844/2016: The net profit of the segment is RON 486.0 mn. in 2023, compared to the
net profit of RON 308.2 mn. in 2022. The net profit is unfavourably influenced by the increase
of the negative financial result by RON 57.7 mn., reaching RON 209.8 mn. in 2023 compared to
the negative financial result of RON 152.0 mn. in 2022.
• Also, at the beginning of the current RP4 regulatory period, ANRE made a total negative
closing correction to RP3 amounting to RON (855) mn. (nominal terms) and RON (665) mn.
(2018 terms), of which RON (341) mn. (2018 terms) for meters recognized as investments in
RP2 (2008-2013). The meter correction was challenged in court by the distribution subsidiary
of 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. The total negative correction related to RP3 decreased the regulated profitability
related to RP4, with the value for 2023 being (93) mn. RON (nominal terms).
Figure 12: Revenues - distribution segment (RON
mn.) - S-IFRS-EU
4,4114,411
Figure 13: EBITDA – distribution segment (RON
mn.) - S-IFRS-EU
2,731
3,397
1,436
1,436
Source: Electrica
Source: Electrica
372
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Figure 14: Net Profit – distribution segment (RON
mn.) - S-IFRS-EUU
Figure 15: Net debt/(cash) – distribution
segment (RON mn.) - S-IFRS-EU
KEY FINANCIAL INDICATORS FOR SUPPLY SEGMENT
1,397
1,530
1,530
Revenues from electricity and natural gas supply decreased in 2023 by approximately RON 905.8 mn., or
11.1%, to RON 7,280.3 mn. from RON 8,186.0 mn. in 2022.
Source: Electrica
Source: Electrica
Figure 16: Revenues - distribution segment (RON
mn.) - S-OMFP 2844/2016
Figure 17: EBITDA – distribution segment (RON
mn.) - S-OMFP 2844/2016
4,4114,411
3,397
2,731
1,455
1,455
1,017
Source: Electrica
Source: Electrica
Figure 18: Net Profit – distribution segment (RON
mn.) - S-OMFP 2844/2016
Figure 19: Net debt/(cash) – distribution
segment (RON mn.) - S-OMFP 2844/2016
1,397
1,530
1,530
706
Source: Electrica
Source: Electrica
SUPPLY SEGMENT
Essential market data (according to ANRE Report for November 2023)
• The supply market comprises both competitive segment and universal service and supplier of last resort
(US and SoLR);
• Universal service and supplier of last resort segment comprises five suppliers of last resort nominated at
national level;
• Competitive segment comprises 92 suppliers, (last resort suppliers active on Retail Market competitive
segment included) from which 85 are relatively small (<4% market share);
Electrica Furnizare (EFSA) has a total market share of 16.61%; and on the competitive market has a share of
10.25% (ANRE Report - November 2023). By comparison, in 2022 Electrica Furnizare had a total market share
Quantities of electricity supplied decreased in 2023 by approximately 9%, due to the decrease in the
customer portfolio, as well as the decrease in consumption at the national level (as an effect of electricity
price increases but also energy efficiency measures implemented).
In terms of EBITDA, the supply segment recorded in 2023 a decrease to RON 305.5 mn. from the EBITDA of
RON 390.9 mn. recorded in 2022, and also a decrease in the EBITDA margin from 4.8% in 2022 to 4.2% in 2023.
The supply segment has a net cash financial position that increased compared to 2022 by approx. 443.0
mn. RON, reaching 1,892.4 mn. RON in 2023.
Figure 20: Revenues - supply segment (RON
mn.)
8,1868,186
Figure 21: EBITDA - supply segment (RON mn.)
5,772
5,772
5,188
7,570
7,280
7,280
6,731
4.8%
390.9
4.2%
305.5
-7.6%
Green Certificates Revenues
Revenues excl Green Certificates
EBITDA
EBITDA Margin
Source: Electrica
Source: Electrica
Figure 22: Net profit - supply segment (RON mn.)
Figure 23: Net debt/(Cash) - supply segment
3.2%
1.4%
1,892
1,892
1,449
-6.8
Net Result
Net Result Margin
242
of 17.96% and a competitive market share of 12.79% (ANRE report - December 2022).
Source: Electrica
Source: Electrica
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1.2 Key events in 2023
During 2023 the following main events took place:
1.2.1 Decisions of ELSA’s BoD
Changes in the composition of the BoD and
BoD Committees
May 2023.
• On 31 July 2023, the Board of Directors of
• On 27 January 2023, ELSA’s Board of Directors
Electrica decided to modify the Audit and Risk
decided to establish a new consultative
Committee component, for the period starting
committee within its structure, the Climate
with 1 August 2023 and until 31 December 2023.
Governance and Public Affairs committee.
The Climate Governance and Public Affairs
– Mr. Radu Mircea Florescu – Chair;
Audit and Risk Committee:
Committee:
– Mr. Dragos-Valentin Neacsu – Chair;
– Mr. George Cristodorescu – Member;
– Ms. Valentina Elena Siclovan – Member;
– Mr. Iulian Cristian Bosoanca – Member.
– Mr. Iulian Cristian Bosoanca – Member.
• On 15 December 2023, Electrica’s Board of
Electrica decided the re-election of the BoD
• During the meeting from 15 May 2023, the Board
Chair and to maintain the composition of its
of Directors of the Company took note of the of
consultative committees until 31 January 2024.
the ending of the mandate agreement of Mr.
Cristodorescu George, BoD member.
Regarding the composition of ELSA’s BOD, on 31
December 2023, it was the following:
• On 16 May 2023, Electrica’s Board of Directors
decided to modify as follows the composition for
two of its consultative committees, for the period
starting 17 May 2023 and until 31 December 2023,
namely:
The Strategy and Corporate Governance
Committee:
– Mr. Gicu Iorga – Chair;
– Mr. Dragos Valentin Neacsu – Member;
– Mr. Adrian-Florin Lotrean – Member.
The Climate Governance and Public Affairs
Committee:
– Mr. Dragos Valentin Neacsu – Chair;
– Mr. Radu Mircea Florescu – Member;
– Mr. Cristian Bosoanca – Member.
• On 19 July 2023, Electrica’s Board of Directors
appointed Ms. Valentina Elena Siclovan as
interim member of the BoD, starting 24 July
2023 until the next Ordinary General Meeting of
Shareholders, on the position vacant since 15
– Mr. Iulian Cristian Bosoanca – Chair;
– Mr. Gicu Iorga – Member;
– Mr. Ion Cosmin Petrescu – Member;
– Mr. Adrian-Florin Lotrean – Member
(independent);
– Mr. Dragos-Valentin Neacsu – Member
(independent);
– Mr. Radu Mircea Florescu – Member
(independent);
– Ms. Valentina Elena Siclovan – Member
(independent)
Regarding the composition of the ELSA’s BoD
Committees, on 31 December 2023, it was the
following:
The Audit and Risk Committee:
– Mr. Radu Mircea Florescu – Chair;
– Ms. Valentina Elena Siclovan – Member;
– Mr. Iulian Cristian Bosoanca – Member.
The Nomination and Remuneration Committee:
– Mr. Adrian-Florin Lotrean – Chair;
– Mr. Radu Mircea Florescu– Member;
– Mr. Ion Cosmin Petrescu – Member.
Development Officer (appointed for 4 years
The Strategy and Corporate Governance
– Ms. Livioara Sujdea – Chief Distribution
Committee:
– Mr. Gicu Iorga – Chair;
Officer (appointed for twice 4 years
mandate, starting 1 February 2021) and
– Mr. Dragos-Valentin Neacsu – Member;
Chief People Officer (interim, starting 3
– Mr. Adrian-Florin Lotrean – Member.
January 2022).
mandate, starting 15 March 2023);
The Climate Governance and Public Affairs
Other BoD decisions
Committee:
– Mr. Dragos Valentin Neacsu- Chair;
• On 7 March 2023, Board of Directors of Electrica
– Mr. Radu Mircea Florescu – Member;
decided to convene the Ordinary General
– Mr. Cristian Bosoanca – Member.
Meeting of Shareholders and the Extraordinary
BoD decisions regarding ELSA’s Executive
Management
General Meeting of Shareholders, on 27 April
2023.
• In the meeting of 26 April 2023, the Board of
Directors of Electrica approved the consolidated
• On 27 February 2023, 26 April 2023, 24 August
value of the Investment Plan (CAPEX) of the
2023 and 14 December 2023, ELSA’s Board of
Group for the year 2023.
Directors decided to extend the term of office
• On 27 June 2023, Electrica’s Board of Directors
granted to Mr Alexandru - Aurelian Chirita,
decided to convene the Extraordinary General
as Acting CEO, under the same conditions.
Meeting of Shareholders of Societatea
Currently, Mr. Chirita has a CEO mandate of until
Energetica Electrica S.A., on 16 August 2023.
31 December 2024 (inclusively).
• On 4 July 2023, Electrica’s Board of Directors
• On 27 February 2023, ELSA’s Board of Directors
convened the Extraordinary General Meeting of
decided to extend the duration of the mandate
Shareholders of Societatea Energetica Electrica
of Mr. Stefan-Alexandru Frangulea, as interim
S.A. on 23 August 2023.
CFO, for a period of 2 years, until 27 February
• On 3 October 2023, Electrica’s Board of Directors
2025 (inclusively). Currently, Mr. Frangulea
convened the Extraordinary General Meeting of
has a CFO mandate until 27 February 2025
Shareholders of Societatea Energetica Electrica
(inclusively).
S.A., on 22 November 2023.
• On 14 March 2023, ELSA’s Board of Directors
• On 30 October 2023, Electrica’s Board of Directors
decided the appointment of Ms. Ioana - Andreea
convened the Ordinary General Meeting of
Lambru, as Chief Business Development Officer
Shareholders and Extraordinary General Meeting
(CBDO), starting with 15 March 2023, for a four-
of Shareholders of Societatea Energetica
year period.
Electrica S.A. on 20 December 2023.
• On 27 June 2023 the BoD acknowledged that, on 1
• On 30 November 2023, Electrica’s Board of
June 2023, the mandate agreement of Mr. Mircea
Electrica, at the request of the Ministry of
Modran, CIO, was effectively terminated upon
Energy, on behalf of the Romanian State, as a
lapse of the 4-year duration.
shareholder of Electrica SA with 48.7948% of the
share capital, decided to convene the Ordinary
Regarding the composition of ELSA’s Executive
General Meeting of Shareholders on 26 January
Management, on 31 December 2023, it was the
2024.
following:
• On 14 December 2023, Electrica’s Board of
– Mr. Alexandru-Aurelian Chirita – CEO
Electrica approved the Corporate Strategy of
(appointed until 31 December 2024);
Electrica Group for 2024-2030.
– Mr. Stefan-Alexandru Frangulea - CFO
(appointed until 27 February 2025);
– Ms. Andreea Lambru – Business
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1.2.2 General Meetings of Shareholders (GMS)
OGMS and EGMS from 27 April 2023
EGMS from 23 August 2023
• On 27 April 2023, the Ordinary General Meeting
• On 23 August 2023, the EGMS took place,
of Shareholders (OGMS) and the Extraordinary
physically and online through the voting
General Meeting of Shareholders (EGMS), which
platform https://electrica.voting.ro/, with a
took place physically and online through the
quorum of 78.4741% of the total voting rights and
voting platform https://electrica.voting.ro/, with
76.9133% of the share capital of the Company,
a quorum of approx. 76.8% of the total voting
which mainly approved:
rights, approved mainly:
– In principle, the merger by absorption
– The separate and consolidated financial
between Electrica (ELSA), Electrica Productie
statements, drafted in accordance with
Energie SA (EPE), Electrica Energie Verde 1
OMFP 2844/2016 and IFRS-EU;
SRL (EEV) and Green Energy Consultancy &
– The total gross dividend value of RON
Investments SRL (GECI), with Electrica (ELSA)
39,999,343, the gross dividend per share
as absorbing company;
of RON 0.1178, the date of payment of the
– The increase of the guarantee granted by
dividends for the year 2022 as 23 June 2023
ELSA within the nonrevolving term facility,
and the registration date as 31 May 2023;
concluded between EBRD and DEER, in order
– The 2023 individual and consolidated
to finance the current activity, especially
budgets;
the purchase of the electricity necessary to
– A revision of the Remuneration Policy for
cover the own technological consumption
Directors and Executive Managers;
and the liquidity deficit. The amount of the
– The appointment of Deloitte Audit SRL as
credit facility will increase from RON 180 mn.
financial auditor for 3 years.
up to RON 240 mn.
Also, the OGMS and EGMS rejected some
EGMS from 22 November 2023
modifications to the remuneration of the directors,
the replacement of the long-term remuneration
• On 22 November 2023, the EGMS took place,
plan for executive managers within the Electrica
physically and online through the voting
Group from granting virtual shares (OAVT) to
platform https://electrica.voting.ro/, with a
granting free shares, and, implicitly, the program for
quorum of 77.03% of the total voting rights and
buyback by the Company of its own shares.
75.49% of the share capital of the Company,
EGMS from 16 August 2023
which mainly approved:
– Increasing the loan ceilings for the EFSA
and DEER (Electrica subsidiaries), up to
• On 16 August 2023, EGMS took place physically
RON 850 mn. for each, with the Electrica SA
and online through the voting platform https://
guarantee (which is not a real guarantee);
electrica.voting.ro/, with a quorum of approx.
– The conclusion of an additional act to the
76.7% of the total voting rights. EGMS approved:
loan agreement between DEER and the EIB
– The documentation on the basis of which
land ownership certificates (Romanian
“CADP”) are to be obtained: “Teren incinta
Beius”; “Teren cladire Administrativa
Oravita”; „Teren cladire Statie 110kv Otelu
Rosu”.
(93414/7Dec2021) to increase the amount
granted for the financing of the investment
plan for the period 2012-2023 from
EUR 90 mn. to EUR 120 mn..
– Completing the secondary activities
of Electrica SA with two new activities
and updating the Articles of Association
accordingly.
OGMS and EGMS from 20 December 2023
• On 20 December 2023, the OGMS and EGMS took
place, physically and online through the voting
platform https://electrica.voting.ro/, with a
quorum of 76.65% of the total voting rights, which
mainly approved:
– The election of Ms. Valentina Elena Siclovan,
proposed by the shareholder European
Bank for Reconstruction and Development
(EBRD), as an independent member to fill
the vacant position within Electrica BoD;
– The separate interim financial statements
for the first 9 months of 2023 of Electrica SA,
in view of the Merger between ELSA and EPE,
GECI and EEV1;
– Implementation and completion, by
31 December 2023, of the merger by
absorption between Electrica SA (ELSA), as
the absorbing company, and its subsidiaries
EPE, GECI and EEV1, as absorbed companies.
1.2.3 Other relevant events
• On 20 January 2023, the Ministry of Energy, as
located near Vulturu locality, Vrancea county.
the concessionaire, amended the concession
The project is in the “ready-to-build” phase.
contract with the Electrica Group for the
distribution segment to reflect that, in the
• On 7 March 2023 Electrica published the
event of early termination of the concession
consolidated annual financial statements for the
contract, for any reason, the concessionaire
year 2022, drawn up in accordance with OMFP
would reimburse the Group the current value
2844/2016, and on 27 March 2023 published
of the costs of purchasing electricity for own
the consolidated annual financial statements
technological consumption compared to the
for the year 2022, drawn up in accordance with
costs included in the regulated tariffs.
the International Financial Reporting Standards
adopted by the European Union (IFRS-EU), as well
• On 6 February 2023, Electrica has completed
as an announcement explaining the differences
the acquisition of the project company Green
between the two sets of consolidated financial
Energy Consultancy & Investments S.R.L., which
statements.
develops the photovoltaic project “Vulturu”, with
a designed installed capacity of 12 MWp DC
• On 13 March 2023, Electrica organized a web
(peak power at the panels level) and 9.75 MW
conference – Presentation of the Financial
AC (authorised power for delivery into the grid),
Results for FY 2022
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• On 24 March 2023, Electrica completed the
• On 23 June 2023, Electrica informed its
is a request submitted by SPEEH Hidroelectrica
Results for Q3 2023.
acquisition of the project company Sunwind
shareholders and investors that the 2022
S.A. against ANRE.
Energy SRL, which develops the photovoltaic
Sustainability Report is available on Electrica’s
• On 23 November 2023, Electrica announced
project “Satu Mare 2”, with a designed installed
website.
capacity of 27.055 MW, located near Botiz
• On 25 August 2023, Electrica published the H1
that the annulment appeal against the decision
2023 Simplified Consolidated Interim Financial
issued by the ICCJ on 25 February 2022 in file
locality, Satu Mare county. The project is in the
• On 30 June 2023, Electrica informed its
Statements and the Board of Directors’
3889/2/2018 was settled.
“ready-to-build” phase.
shareholders that its subsidiary Distributie
Consolidated report for H1 2023 prepared in
• On 31 March 2023, Electrica announced the
EUR 6.25 mn. non-reimbursable financing
Finance 2844/2016.
publication in the Official Gazette no. 266 from
through the Modernisation Fund, the total
attraction of a new non-reimbursable financing
of RON 17.4 mn. through the Modernization Fund.
Energie Electrica Romania (DEER) has attracted
accordance with the Order of Ministry of Public
• On 29 November 2023, Electrica announced the
30 March 2023 of the ANRE Order no. 27 from
amounts drawn, up to 30.06.2023, being
• On 30 August 2023, Electrica organized a web
29 March 2023, through which the specific tariffs
EUR 64 mn.
for the electricity distribution service, applicable
conference – Presentation of the Financial
• On 15 December 2023, Electrica announced that
Results for H1 2023.
the BoD approved the Corporate Strategy of
from 1 April 2023 for Distributie Energie Electrica
• On 7 July 2023, Electrica announced its
Electrica Group for 2024-2030.
Romania S.A. (DEER) were modified.
shareholders and investors of the fact that,
• On 20 September 2023, Electrica published
• On 28 April 2023, the company published the
of Appeal partially admitted the claim
Financial Statements and the Board of Directors’
that it met all the criteria for entering the
2022 Annual Report.
made by Electrica and partially annulled the
Resolution no. 12/27.02.2017 and the Decision
Standalone Report for H1 2023 prepared in
international FTSE Russell indices in 2024.
accordance with the Order of Ministry of Public
• On 15 May 2023 was published the Q1 2023
no. 12/27.12.2016, issued by the Romanian Court
Finance 2844/2016.
condensed consolidated interim financial
of Accounts, regarding the following deviations
• On 22 December 2023, Electrica informed about
the specific tariffs applicable to DEER from 1
in file no. 2229/2/2017*, the Bucharest Court
the H1 2023 Condensed Separate Interim
• On 20 December 2023, Electrica announced
statements and the Board of Directors’
from the Decision (respectively to the correlative
• On 28 September 2023, Electrica published
January 2024.
consolidated report for Q1 2023.
measures). The decision is subject to appeal,
the H1 2023 Simplified Consolidated Interim
• On 15 May 2023, the Company informs its
shareholders that, following the resolution of the
• On 18 July 2023, Electrica informed its
Consolidated Report for H1 2023 prepared
in accordance with IFRS-EU. Previously, on
ordinary general meeting of the shareholders
shareholders and investors about the regulatory
20 September 2023, Electrica published an
dated 27 April 2023, will pay the dividends for the
news on electricity distribution - 2024 will
financial year 2022, starting with 23 June 2023.
represent a transition period from the fourth
announcement release in which it reiterated the
differences between the consolidated financial
within 15 days from its communication.
Financial Statements and the Board of Directors’
regulatory period (RP4) to the fifth regulatory
statements prepared according to OMFP
• On 17 May 2023, Electrica announced the final
period (RP5).
settlement by the High Court of Cassation and
Justice (ICCJ) of the litigation against ANRE in
• On 2 August 2023, Electrica published the Interim
file 7614/2/2018.
Key Operational Indicators for Q2 2023.
2844/2016 and those prepared according to
IFRS-EU.
• On 25 October 2023, Electrica published the
Interim Key Operational Indicators for Q3 2023.
• On 22 May 2023, Electrica organized a web
• On 16 August 2023, Electrica’s Management
conference – Presentation of the Financial
organized a Workshop for the presentation of the
• On 27 October 2023, Electrica announced to the
Results for Q1 2023.
merger proposed for the in-principle approval
market the information published on the jut.
• On 25 May 2023, Electrica announced the
definitive resolution by the High Court of
• On 18 August 2023, Electrica informed its
on the EGMS on 23 August 2023.
ro portal in connection with file 724/1285/2023
opened at the Cluj Specialized Court.
Cassation and Justice (ICCJ) of the appeal filed
shareholders and investors that Electrica’s
• On 30 October 2023, Electrica published the
by Electrica Furnizare (EFSA) in file 6665/3/2019.
subsidiary, Electrica Furnizare S.A. (EFSA), was
simplified standalone financial statements for
• On 19 June 2023, Electrica announced its
file no. 1927/2/2019 (Bucharest Court of Appeal)
Merger by absorption subject for EGMS approval
shareholders and investors that its subsidiary
as a forced intervener (defendant), together
on 20 December 2023.
introduced in the case which is the object of the
the first 9 months of 2023, on the occasion of the
Distributie Energie Electrica Romania (DEER)
with all the other last resort suppliers in 2019.
has attracted EUR 57 mn. non-reimbursable
EFSA was summoned for the term of 23 October
• On 20 November 2023, Electrica organized a
financing through the Modernisation Fund.
2023. The object of the court file no. 1927/2/2019
web conference – Presentation of the Financial
Transactions with related parties
During 2023, until 31 December 2023, ELSA published
25 announcements, according to art. 108 of Law
no. 24/2017, reporting transactions concluded
in this period between EFSA – OPCOM, DEER –
OPCOM, DEER – EFSA, EFSA - Transelectrica, 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).
On 31 July 2023, Electrica informed the shareholders
of the date of publication of the independent limited
assurance report of the financial auditor on the
transactions reported by Electrica in the period from
1 January to 30 June 2023, in accordance with the
provisions of Article 108 of Law 24/2017.
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).
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All these announcements and auditor’s reports can
guarantees until 31 December 2024.
ING Bank, withing the cash pooling structure,
mn. which extends the validity of Overdraft limit
be found on ELSA’s website, at this address: https://
which modifies the commercial conditions and
until 14 April 2024, and the validity of the Facility
www.electrica.ro/en/investors/results-and-reports/
• On 30 January 2023, EFSA concluded with Banca
establishes the automatic renewal of the facility.
for issuing letters of guarantee until 14 April 2025.
current-reports-art-108/.
Transilvania, SE Electrica SA as co-debtor, the
At the same time, additional acts for the intraday
For more details, please see chapter 3.4 in the
Additional Act no.3 to the Loan Agreement
credit limit, within the cash-pooling structure,
• On 18 May 2023 was signed the Additional Act no.
current report.
no.11673879/02.02.2022, in amount of RON 190
were concluded between DERR, EFSA, SERV, EEV1,
2 to the Loan Agreement no. GRIM/43778 dated
Treasury matters
Loans related to third-parties
• On 9 January 2023, was signed the Additional
mn., which extends the validity of the facility until
SE Electrica SA and ING Bank, regarding the
19 May 2022, concluded by EFSA and Unicredit
30 January 2024 and changes the commercial
automatic renewal.
conditions.
Bank SA, SE Electrica SA as guarantor, through
which the value of the loan is converted from
• On 3 March 2023, EFSA concluded with BRD the
RON to EUR 60.8 mn., extends the validity of
Act no.2 to the Loan Agreement no. 2022012502
• On 3 February 2023, EFSA concluded with BRD the
Additional Act no.3 to the Loan Agreement no.
Overdraft limit until 18 May 2024, and the validity
concluded by DEER and BCR which extends the
Additional Act no.2 to the Loan Agreement no.
17/8130/2022 dated 4 February 2022, SE Electrica
of the Facility for issuing letters of guarantee
validity of overdraft limit of RON 220 mn. and the
17/8130/2022 dated 4 February 2022, SE Electrica
SA as co-debtor, in amount of RON 220 mn.,
until 17 May 2025.
validity for issuing bank guarantees until
SA as co-debtor, in amount of RON 220 mn.,
which extends the validity until 2 February 2024.
25 January 2024.
which extends the validity until 5 March 2023.
• On 25 May 2023 was signed the Additional Act
• On 18 January 2023, was signed the Additional
• On 7 February 7, 2023 was signed the Additional
Act no.5 to the multi-product Credit Facility
2022, concluded by DEER and Raiffeisen Bank SA,
Act no.4 to the Loan Agreement no. 10091385
Act no. 4 to the Loan Agreement no. 111 dated
Agreement no. 201910080129, for overdraft and
in amount of RON 220 mn., which extends the
dated 16 December 2020 concluded by DEER and
April 16, 2019, for credit line and issuance of bank
issuance of bank guarantee letters, concluded
validity of Overdraft limit until 26 July 2023.
Banca Transilvania, which extends the validity
guarantees, in amount of RON 160 mn. between
by EFSA and BCR, which increases the value of
of Overdraft limit until 01 February 2024, and
SE Electrica SA, EFSA, SERV and BNP PARIBAS,
the overdraft limit up to RON 165 mn.
• On 31 May 2023 was signed the Additional Act no.
the validity of the Facility for issuing letters of
which modifies the commercial conditions.
6 to the Loan Agreement no. 201910080129 dated
guarantee until 01 February 2025.
• On 17 March 2023, was signed the Loan
08 October 2019, concluded by EFSA and BCR, in
• On 23 January 2023, was signed the Additional
Paribas, SE Electrica SA acting as guarantor, the
EBRD, SE Electrica SA as guarantor (corporate
the commercial conditions, extends the validity
Act no.1 to the Loan Agreement no. 350 dated 06
Additional Act no. 1 to the Loan Agreement no.
guarantee), in amount of RON 180 mn., for
of the loan until 31 May 2024 and the validity of
September 2022 concluded by EFSA and Alpha
148 dated December 24, 2021, for issuing bank
working capital and validity until 31 January
the Facility for issuing letters of guarantee until
Bank Romania, SE Electrica SA as guarantor, in
guarantees, in amount of RON 220 mn., which
2028.
07 October 2025.
• On 17 February 2023, EFSA concluded with BNP
Agreement no. 53747, concluded by DEER and
amount of RON 165 mn. through which modifies
• On 13 March 2023, was signed the Additional
no. 1 to the Loan Agreement no. 20 dated 26 May
amount of EUR 60 mn., through which is added
modifies the commercial conditions and validity
the movable mortgage over receivables.
of the bank guarantees.
• On 28 March 2023, ELSA concluded with
• On 06 June 2023 was signed the Additional Act
Vista Bank the Additional Act no.1 to the Loan
no. 3 to the Loan Agreement no. WB/C/379 dated
• On 27 January 2023, was signed the Additional
• On 17 February 2023, EFSA signed with ING
Agreement no. FA 8376 dated 30 December 2022,
25 March 2022, concluded by DEER and ING Bank
Act no.5 to the Credit facility agreement no. 3189
Bank, SE Electrica SA acting as guarantor, the
which increases the value limit of the facility
NV, SE Electrica SA as guarantor, which converts
dated 28 January 2020, in amount of RON 210
Additional Act no. 4 to the Loan Agreement no.
(overdraft and issuance of bank guarantee
the value of the Overdraft credit facility from RON
mn., concluded by SE Electrica SA and ING Bank,
WB/C/14 dated 18 February 2022, in amount of
letters) up to RON 125 mn.
withing the cash pooling structure, extending
EUR 34.3 mn. which extends the validity until 16
to EUR, up to the value of EUR 10 mn., modifies
the commercial conditions and the validity of
the validity until 27 February 2023. At the same
February 2024.
• On 11 April 2023 was signed the Additional Act
the loan until 22 March 2024 with automatic
time, additional acts for the intraday credit
no. 3 to the Loan Agreement no. 56 dated 26
extension for 12 months.
limit, within the cash-pooling structure, were
• On 20 February 2023, was signed the Credit
October 2021, concluded by EFSA and Raiffeisen
concluded between DERR, EFSA, SERV, EEV1, SE
Facility Agreement no. 49183, concluded by DEER
Bank SA, SE Electrica SA as guarantor, in amount
• On 07 June 2023 was signed the Additional Act
Electrica SA and ING Bank, with validity until 27
and Garanti BBVA, SE Electrica SA as guarantor,
of RON 150 mn., which extends the validity of
no. 5 to the Loan Agreement no. 240PJ dated
February 2023.
a non-cash facility for the issuance of bank
Overdraft limit until 28 July 2023, and the validity
30 June 2020, concluded by DEER and INTESA
• On 27 January 2023, EFSA concluded with
until 20 April 2025.
until 31 December 2024.
extends the validity of Overdraft limit until 03 July
guarantee in amount of RON 103 mn. and validity
of the Facility for issuing letters of guarantee
SANPAOLO, in amount of EUR 27.3 mn., which
Raiffeisen Bank, SE Electrica SA as guarantor,
2024.
the Additional act no. 2 to the Loan Agreement
• On 27 February 2023, was signed the Additional
• On 13 April 2023 was signed the Additional Act no.
no. 56, dated 26 October 2021, which extends
Act no. 6 to the Credit facility agreement no.
1 to the Loan Agreement no. 20220406018 dated
• On 26 July 2023 was signed the Additional Act
the validity of the overdraft until 28 April 2023
3189 dated 18 January 2020, in amount of RON
15 April 2022, concluded by EFSA and BCR, SE
no. 2 to the Loan Agreement no. 20 dated 26 May
and the validity of the facility for issuing bank
210 mn., concluded by SE Electrica SA and
Electrica SA as guarantor, in amount of RON 220
2022, concluded by DEER and Raiffeisen Bank SA,
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in amount of RON 220 mn., which modifies the
• On 05 September 2023 was signed the
03 March 2026 in the form of a revolving loan
• On 28 December 2023, the Additional Act no.6 to
commercial conditions and extends the validity
Additional Act no. 2 to the Loan Agreement
ceiling.
of Overdraft limit until 25 August 2023.
no. 350 dated 06 September 2022, concluded
the Credit Agreement GRIM/75912/2017 dated 19
July 2017, was signed by SE Electrica SA, SERV and
• On 27 July 2023 was signed the Additional Act
as guarantor, in amount of EUR 60 mn., which
3/2023 to the Overdraft Credit Facility Agreement
loan was extended until 31 December 2031 and
no. 4 to the Loan Agreement no. 56 dated 26
extends the validity of Credit Line until 06
with the possibility of issuing letters of guarantee
the drawing period until 31 December 2024.
by EFSA and Alpha Bank SA, SE Electrica SA
• On 21 December 2023, the Additional Act no.
UniCredit Bank SA, whereby the maturity of the
October 2021, concluded by EFSA and Raiffeisen
September 2024.
Bank SA, SE Electrica SA as guarantor, in amount
and opening letters of credit No. 61/2021, was
signed by EFSA and Raiffeisen Bank SA, SE
of RON 150 mn., which extends the validity of
• On 11 September 2023 was signed the Additional
Electrica SA as guarantor, extending the validity
Overdraft limit until 28 August 2023, and the
Act no. 3 to the Loan Agreement no. 350 dated
of the overdraft limit and the facility for issuing
validity of the Facility for issuing letters of
06 September 2022, concluded by EFSA and
letters of guarantee until 24 March 2024.
guarantee until 31 December 2024.
Alpha Bank SA, SE Electrica SA as guarantor, in
amount of EUR 60 mn., through which the value
• On 21 December 2023, the Additional Act
• On 04 August 2023 it was signed the Multicredit
of the facility is converted from EUR to RON, up to
no.6/2023 to the Credit Facility Agreement
Facility Agreement no. RQ23079467247483
the maximum value of RON 300 mn.; the facility
no.56 dated 26.10.2021, was signed by EFSA and
concluded by EFSA and CEC Bank, SE Electrica
can be used in EUR and RON.
SA as guarantor, by which the Lender provides
Raiffeisen Bank SA, SE Electrica SA as guarantor,
whereby the movable mortgage on all the
the Borrower with a multi-credit facility up to
• On 02 November 2023 was signed the Additional
collections related to any commercial contracts
the value of RON 150 mn., as follows: a credit
Act no. 1 to the Loan Agreement dated 03
line valid until 03 August 2025 and a facility for
November 2021, concluded by SE Electrica SA
entered into with eligible clients approved by
the Bank, established by the Movable mortgage
issuing bank guarantees valid until 03 August
with Erste Group Bank AG and Raiffeisen Bank SA
contract no.56/IC/2023, ancillary contract to
2026.
as Borrower, by which the amount of facility is
Contract 56/2021, is extinguished.
reduced from 750 mn. RON to 450 mn. RON and
• On 09 August 2023 was signed the Additional Act
the validity of the credit line is extended until 03
• On 22 December 2023, the Loan Agreement
no. 3 to the Loan Agreement no. 20 dated 26 May
November 2024.
2022, concluded by DEER and Raiffeisen Bank SA,
No.1430 was signed, concluded by DEER and
EXIM BANCA ROMANEASCA SA, SE Electrica SA
in amount of RON 220 mn., which modifies the
• On 15 December 2023 was signed the Additional
as guarantor, whereby a non-revolving loan in
commercial conditions and extends the validity
Act no. 2 to the Loan Agreement no. 165 dated
of Overdraft limit until 26 May 2024.
27 December 2022, concluded by EFSA and BNP
the amount of RON 250 mn. was granted, for
the financing of current activity, valid until 21
• On 22 August 2023 was signed the Additional
of RON 240 mn., by which the limits of the facility
Paribas, SE Electrica SA as guarantor, in amount
December 2027.
Act no. 5 to the Loan Agreement no. 56 dated 26
are modified as follows: the value of the facility
• On 22 December 2023, the Amendment Letter
October 2021, concluded by EFSA and Raiffeisen
is extended to RON 440 mn. until the date of 30
No.1 was signed, with reference to the financing
Bank SA, SE Electrica SA as guarantor, in amount
January 2024; on 31 January 2024, the amount
of RON 150 mn, which extends the validity of
of the facility is reduced by RON 90 mn. and
contracts no. 92.394/2020-0391, 93.414/2020-
0391 and the related guarantee agreements,
Overdraft limit until 28 July 2024, and the validity
becomes RON 350 mn.; on 31 March 2024, the
concluded by DEER and the European Investment
of the Facility for issuing letters of guarantee
amount of the facility is reduced by RON 100 mn.
Bank (EIB), SE Electrica SA as guarantor, whereby
until 31 December 2024.
and becomes RON 250 mn., and starting with 01
amendments to certain clauses and definitions
April 2024, the value of the facility will be RON
have been agreed to allow disbursements under
• On 22 August 2023 was signed the Additional
250 mn.
Act no. 2 to the Loan Agreement no. 61 dated
the two Financing Agreements.
24 December 2021, concluded by EFSA and
• On 18 December 2023, the Additional Act
• On 22 December 2023, was signed the
Raiffeisen Bank SA, SE Electrica SA as guarantor,
no.1 to the Multicredit Facility Agreement no.
in amount of RON 220 mn., which modifies
RQ23079467247483/04.08.2023 was signed
Amendment no.1 to the Financing contract
dated 17 March 2023, concluded between DEER
IBAN account and the validity of Overdraft limit
between EFSA and CEC Bank, SE Electrica SA as
and the European Bank for Reconstruction
until 24 December 2023, and the validity of the
guarantor, whereby it was agreed to supplement
and Development (EBRD), SE Electrica SA as
Facility for issuing letters of guarantee until 24
the credit facility by the amount of RON 50
guarantor, whereby the credit facility was
December 2024.
mn. up to the maximum ceiling of RON 200
increased by RON 60 mn., up to the maximum
mn., starting from 18 December 2023 and until
ceiling of RON 240 mn.
Intragroup Loans
• On 04 April 2023, was signed the Additional Act
no. 1 to the Internal Treasury Convention dated
16 December 2020, concluded by SE Electrica SA
and Electrica Energie Verde 1 SRL (EEV1), which
modifies the commercial conditions.
• On 04 April 2023, was signed the Additional
Act no. 3 to the Internal Treasury Convention
no. 25 dated 05 February 2020, concluded by
SE Electrica SA and EFSA, which modifies the
commercial conditions.
• On 07 April 2023, SE Electrica SA concluded with
Sunwind Energy SRL the Loan Agreement no. 36,
in amount of RON 1.8 mn. and validity until 06
April 2024, for the repayment of the shareholder’
s loan granted to Sunwind Energy by Mr. Emanuel
Muntmark and payment of the invoice related to
the development services provided by Monsson
Alma SRL to Sunwind Energy SRL.
• On 13 June 2023, was signed the Additional
Act no. 2 to Loan Agreement no. 40 dated 14
June 2022, concluded by SE Electrica SA and
Societatea New Trend Energy SRL, which extends
the validity until 13 June 2024.
• On 15 June 2023, was signed the Additional
Act no. 1 to the Internal Treasury Convention
no. 26 dated 05 February 2020, concluded by
SE Electrica SA and SERV, which modifies the
commercial conditions.
• On 19 June 2023, was signed the Additional
Act no. 4 to the Loan Agreement no. 68 dated
27 October 2022, concluded by SE Electrica SA
and Societatea GREEN Energy Consultancy&
Investments SRL, which modifies the object of the
contract.
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• On 24 October 2023, was signed the Additional
RON 8.5 mn...
• On 30 June 2023, SE Electrica SA concluded with
• On 14 July 2023, was signed the Additional
Act no. 5 to Loan Agreement no. 40 dated 14
DEER the Contract no. 54, valid until 31 December
Act no. 1 to Loan Agreement no 46 dated 15
June 2022, concluded by SE Electrica SA and
• On 29 December 2023, was signed the Additional
2024, in order for ELSA to carry out, at DEER’s
July 2022, concluded by SE Electrica SA and
Societatea New Trend Energy SRL, which extends
Act no. 3 to Loan Agreement no. 61 dated 22
request, the necessary steps with UniCredit Bank,
Societatea Electrica Productie Energie SA, which
the amount of the facility up to RON 7.6 mn. and
September 2022, concluded by SE Electrica SA
in order for the bank to issue bank guarantees in
extends the validity until 14 July 2024.
modifies the clause regarding the purpose of
and EFSA, by which the maximum amount for
amount of RON 187 mn..
granting the facility.
• On 11 August 2023 SE Electrica SA concluded with
which ELSA will facilitate the obtaining of bank
guarantees by EFSA is increased up to RON 150
• On 30 June 2023, was signed the Additional Act
EFSA the Transaction Agreement no.62, which
• On 14 October 2023, was signed the Additional
mn., and extends the utilization period until 12
no. 1 to the Internal Treasury Convention no.
regulates contractual aspects in connection
Act no. 1 to Loan Agreement no. 73 dated 10
December 2024 and validity until 31 December
22 dated 05 February 2020, concluded by SE
with the amount used by EFSA based on the
November 2022, concluded by SE Electrica SA
2025.
Electrica SA and DEER (formerly SDMN), which
Internal Treasury Convention.
and Societatea Sunwind Energy SRL, which
modifies the commercial conditions.
modifies the commercial conditions and extends
• On 29 December 2023, was signed the Additional
• On 30 June 2023, was signed the Additional Act
Additional Act no. 3 to Loan Agreement no. 40
July 2023, concluded by SE Electrica SA and
no. 1 to the Internal Treasury Convention no.
dated 14 June 2022, concluded by SE Electrica
• On 16 November 2023, was signed the Additional
DEER, which extends the utilization period until 12
23 dated 05 February 2020, concluded by SE
SA and Societatea New Trend Energy SRL, which
Act no. 2 to Loan Agreement no. 61 dated 22
December 2024 and validity until 31 December
Electrica SA and DEER (formerly SDTS), which
extends the amount of the facility up to RON 2.5
September 2022, concluded by SE Electrica SA
2025.
• On 08 September 2023, was signed the
the validity until 25 October 2024.
Act no. 1 to Loan Agreement no. 54 dated 07
modifies the commercial conditions.
mn..
• On 30 June 2023, was signed the Additional Act
• On 25 September 2023, was signed the
no. 1 to the Internal Treasury Convention no.
Additional Act no. 1 to Loan Agreement no. 63
24 dated 05 February 2020, concluded by SE
dated 27 September 2022, concluded by SE
and EFSA, by which the maximum amount for
which ELSA will facilitate the obtaining of bank
guarantees by EFSA is increased up to RON 115
mn., and establish the utilization period until 12
December 2023 and validity until 31 December
Guarantees offered by ELSA, for its subsidiaries
and other third parties
Corporate guarantees within the credit facilities force
Electrica SA and DEER (formerly SDTN), which
Electrica SA and Societatea Sunwind Energy
2024.
modifies the commercial conditions.
SRL, which modifies the purpose of granting
• On 30 June 2023, was signed the Additional Act
September 2024.
no. 2 to the Internal Treasury Convention no.
with FOTON POWER ENERGY S.R.L. the Additional
Act 1 to the Loan Agreement no. 73/11.10.2023,
23 dated 05 February 2020, concluded by SE
• On 09 October 2023, was signed the Additional
which increased the amount of the loan by up to
Electrica SA and DEER (formerly SDTS), which
Act no. 4 to Loan Agreement no. 40 dated 14
RON 1.0 mn. RON, so that the total amount of the
modifies the commercial conditions.
June 2022, concluded by SE Electrica SA and
loan is RON 3.6 mn...
the facility and extends the validity until 25
• On 29 November 2023, SE Electrica SA signed
Societatea New Trend Energy SRL, which modifies
• On 13 July 2023, SE Electrica SA concluded with
the clause regarding the purpose of granting the
• On 18 December 2023, SE Electrica SA signed with
EFSA the Transaction Agreement no. 57, which
facility.
regulates contractual aspects in connection
EFSA the Loan Agreement No.90/18.12.2023 in the
amount of RON 100 mn. for financing the working
with four bank guarantees for which ELSA carried
• On 11 October 2023 SE Electrica SA concluded
capital, with maturity date 02 November 2024.
out, at EFSA’s request, the necessary steps with
with Foton Power Energy SRL the Loan Agreement
the UniCredit Bank, in order for the bank to issue
no. 73, in amount of RON 2.6 mn. and validity
• On 21 December 2023, SE Electrica SA signed with
the bank guarantees.
until 10 October 2024, in order to finance the
working capital.
• On 13 July 2023, was signed the Additional Act
no. 1 to the Contract no. 61 dated 22 September
• On 17 October 2023, was signed the Additional
SUNWIND ENERGY S.R.L. the Additional Act No. 2
to the loan contract no. 63/27.09.2022, which
increased the amount of the loan by up to RON
0.5 mn., so that the total amount of the loan is
2022, concluded by SE Electrica SA and EFSA,
Act no. 5 to Loan Agreement no. 68 dated 27
RON 1.7 mn...
by which the maximum amount for which ELSA
October 2022, concluded by SE Electrica SA and
will facilitate the obtaining of bank guarantees
GREEN ENERGY CONSULTANCY & INVESTMENTS
• On 21 December 2023, SE Electrica SA signed with
by EFSA, is increased for a limited period (until
SRL, which modifies the clause regarding the
New Trend Energy SRL the Additional Act no.6
September 20, 2023) from RON 90 mn to RON
purpose of granting the facility and extends the
to the Loan Agreement no.40/14.06.2022, which
101 mn., and the commercial conditions are
validity until 26 October 2024.
modified.
increased the amount of the loan by up to RON
0.9 mn. so that the total amount of the loan is
• On 16 April 2019, was signed the Credit Facility
Agreement no. 111, concluded by SE Electrica
SA, EFSA, SERV and BNP PARIBAS, in amount of
RON 160 mn., amended by Additional Act no.
1, 2, 3 and 4, with SE Electrica SA as guarantor
(corporate guarantee). The value of the
guarantee, which is not a real guarantee, is a
maximum of RON 160 mn.
• On 25 June 2020, was signed Loan Agreement
no. 76/8130/2020, concluded by DEER (SDTN)
and BRD, in amount of RON 100 mn., amended
by Additional Act no. 1, with SE Electrica SA as
guarantor (corporate guarantee). The value of
the guarantee, which is not a real guarantee, is a
maximum of RON 110 mn..
• On 25 June 2020, was signed the Loan
Agreement no. 74/8130/2020, concluded by
DEER (SDTS) and BRD, in amount of RON 80
mn., amended by Additional Act no. 1, with SE
Electrica SA as guarantor (corporate guarantee).
The value of the guarantee, which is not a real
guarantee, is a maximum of RON 88 mn.
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• On 14 September 2020, was signed the Loan
EFSA and BNP PARIBAS, in amount of RON 220
no. GRIM/43778/CSC, concluded by EFSA and
concluded by EFSA and CEC Bank, in amount
Agreement no. 20200911050, concluded by
mn., amended by Additional Act no. 1, with SE
Unicredit Bank SA, in amount of EUR 60.8 mn.,
of RON 150 mn., increased by Additional Act to
DEER (SDMN) and BCR, in amount of RON 155
Electrica SA as guarantor (corporate guarantee).
amended by Additional Act no. 1 with SE Electrica
RON 200 mil, with SE Electrica SA as guarantor
mn., amended by Additional Act no. 1, with SE
The value of the guarantee, which is not a real
SA as guarantor (corporate guarantee). The
(corporate guarantee). The value of the
Electrica SA as guarantor (corporate guarantee).
guarantee, is a maximum of RON 242 mn..
value of the guarantee, which is not a real
guarantee, which is not a real guarantee, is a
The value of the guarantee, which is not a real
guarantee, is a maximum of EUR 66.9 mn.
maximum of RON 200 mn..
guarantee, is a maximum of RON 170.5 mn.
• On 02 February 2022, was signed the Loan
Agreement no. 11673879, concluded by EFSA
• On 06 September 2022, was signed the Loan
• On 22 December 2023, was signed the Loan
• On 02 July 2021, was signed the Loan Agreement
and Banca Transilvania, in amount of RON 190
Agreement no. 350, concluded by EFSA Alpha
Agreement No.1430, concluded by DEER and EXIM
no. 52212, concluded by DEER and EBRD, in
mn., amended by Additional Act no. 1, 2, 3 and
Bank, in amount of RON 300 mn., amended by
BANCA ROMANEASCA SA, in amount of RON 250
amount of RON 195.1 mn., with SE Electrica SA as
4 with SE Electrica SA as guarantor (corporate
Additional Act no. 1, 2 and 3 with SE Electrica SA
mn., SE Electrica SA as guarantor (corporate
guarantor (corporate guarantee). The value of
guarantee). The value of the guarantee, which is
as guarantor (corporate guarantee). The value
guarantee). The value of the guarantee, which is
the guarantee, which is not a real guarantee, is a
not a real guarantee, is a maximum of RON 209
of the guarantee, which is not a real guarantee,
not a real guarantee, is a maximum of RON 325
maximum of RON 246.3 mn..
mn..
is a maximum of RON 300 mn..
mn..
• On 14 July 2021, was signed the Loan Agreement
• On 04 February 2022, was signed the Loan
• On 22 December 2022, was signed the Loan
• On 31 December 2023, the value of the corporate
no. FI N° 92.394, concluded by DEER and BEI, in
Agreement no. 17/8130/2022, concluded by EFSA
Agreement no. 1218, concluded by DEER and
guarantees (which are not real guarantees),
amount of EUR 120 mn., with SE Electrica SA as
and BRD, in amount of RON 220 mn., amended by
EXIM BANK, in amount of RON 250 mn., with SE
established by ELSA within the credit facilities, is
guarantor (corporate guarantee). The value of
Additional Act no. 1, 2, 3 and 4 with SE Electrica SA
Electrica SA as guarantor (corporate guarantee).
RON 6,119 mn..
the guarantee, which is not a real guarantee, is a
as guarantor (corporate guarantee). The value
The value of the guarantee, which is not a real
maximum of EUR 144 mn..
of the guarantee, which is not a real guarantee,
guarantee, is maximum of RON 325 mn..
• On 26 October 2021, was signed the Credit
Facility Agreement no. 56, concluded by EFSA
• On 18 February 2022, was signed the Credit
and Raiffeisen Bank SA, in amount of RON 150
Facility Agreement no WB/C/14, concluded by
mn., amended by Additional Act no. 1, 2, 3,
EFSA and ING Bank, in amount of EUR 34.3 mn.,
4, 5 and 6, with SE Electrica SA as guarantor
amended by Additional Act no. 1, 2, 3, 4 and 5
is a maximum of RON 242 mn..
• On 27 December 2022, was signed the Credit
Facility Agreement no. 165, concluded by EFSA
and BNP Paribas, in amount of RON 240 mn.,
increased by Additional Act to RON 440mn.,
with SE Electrica SA as guarantor (corporate
(corporate guarantee). The value of the
with SE Electrica SA as guarantor (corporate
guarantee). The value of the guarantee, which is
guarantee, which is not a real guarantee, is a
guarantee). The value of the guarantee, which is
not a real guarantee, is a maximum of RON 484
maximum of RON 150 mn..
not a real guarantee, is a maximum of EUR 37.7
mn..
• On 07 December 2021, was signed Loan
mn..
Agreement no. FI N° 93.414, concluded by
• On 25 March 2022, was signed the Credit
• On 20 February 2023, was signed the Loan
Agreement no. 49183 concluded by DEER
DEER and BEI, in amount of EUR 90 mn., with SE
Facility Agreement no. WB/C/379, concluded by
and GarantiBBVA, in amount of RON 103 mn.,
Electrica SA as guarantor (corporate guarantee).
DEER and ING Bank, in amount of RON 205 mn.,
amended by Additional Act no. 1 with SE Electrica
The value of the guarantee, which is not a real
amended by Additional Act no. 1, 2 and 3 with SE
SA as guarantor (corporate guarantee). The
guarantee, is a maximum of EUR 108 mn..
Electrica SA as guarantor (corporate guarantee).
• On 24 December 2021, was signed the Credit
guarantee, is a maximum of RON 225.5 mn..
Facility Agreement no. 61, concluded by EFSA
and Raiffeisen Bank SA, in amount of RON 220
• On 15 April 2022, was signed the Credit Facility
mn., amended by Additional Act no. 1, 2 and 3
Agreement no. 20220406018, concluded by EFSA
The value of the guarantee, which is not a real
value of the guarantee, which is not a real
guarantee, is a maximum of RON 103 mn..
• On 17 March 2023, was signed the Loan
Agreement no. 53747 concluded by DEER and
EBRD, in amount of RON 180 mn., increased by
with SE Electrica SA as guarantor (corporate
and BCR, in amount of RON 220 mn., amended
Additional Act to RON 240 mn., with SE Electrica
guarantee). The value of the guarantee, which is
by Additional Act no. 1 with SE Electrica SA as
not a real guarantee, is a maximum of RON 220
guarantor (corporate guarantee). The value of
SA as guarantor (corporate guarantee). The
value of the guarantee, which is not a real
mn..
the guarantee, which is not a real guarantee, is a
guarantee, is a maximum of RON 312 mn..
• On 24 December 2021, was signed the Credit
• On 04 August 2023 was signed the Multicredit
Facility Agreement no. 148, concluded by
• On 19 May 2022, was signed the Loan Agreement
Facility Agreement no. RQ23079467247483
maximum of RON 242 mn.
Parent Corporate Guarantees
• 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 11 November 2021, the Parent Corporate
Guarantee was established in favor of EFSA,
having as beneficiary AXPO ENERGY ROMANIA
SA, in amount of RON 4.9 mn., validity date 31
January 2024.
• On 15 December 2021, the Parent Corporate
Guarantee in amount of RON 14.5 mn., was
established in favor of EFSA, having as
beneficiary MVM PARTNER, validity date 29
February 2024.
•
On 16 May 2022, the Parent Corporate Guarantee
in amount of RON 14.3 mn., was established
in favor of EFSA, having as beneficiary AXPO
BULGARIA EAD, validity date 31 January 2024.
•
On 14 December 2022, the Parent Corporate
Guarantee in amount of RON 62.1 mn., was
established in favor of EFSA, having as
beneficiary COMPLEXUL ENERGETIC OLTENIA,
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validity date 15 February 2024.
• On 28 December 2022, the Parent Corporate
Guarantee in amount of RON 118.8 mn.,
was established in favor of EFSA, having as
beneficiary COMPLEXUL ENERGETIC OLTENIA,
validity date 15 February 2024.
• On 29 December 2022, two Parent Corporate
Guarantees in amount of RON 1.9 mn. each,
were established in favor of EFSA, having as
beneficiary BIOENERGY SUCEAVA, validity date 25
January 2024.
As of 31 December 2023, the amount of the
Parent Corporate Guarantees (which are not real
guarantees), constituted by ELSA in favor of EFSA, is
RON 247.5 mn..
1.2.4 Litigations with significant impact on the financial performance
Case no. 1221/1285/2022
Case no. 1100/1/2023
Following the appearance in the public space
Societatea Energetica Electrica S.A. (ELSA) filed an
of some information regarding the submittal by
annulment appeal against civil decision no. 5599
Eurototal Comp SRL Bucuresti of an insolvency
of 22 November 2022, by which the High Court
petition against Electrica’s subsidiary, Distributie
of Cassation and Justice rejected the appeal
Energie Electrica Romania SA (DEER), registered on
declared by ELSA against Sentence no. 707/2019,
28 December 2022 under file no. 1221/1285/2022 by
pronounced by the Bucharest Court of Appeal in file
the Specialized Courthouse Cluj, Electrica informs its
no. 3889/2/2018.
shareholders and investors that DEER was informed
about this file registration by Eurototal Comp SRL
The annulment appeal was registered under no.
on 31 December 2022, the date on which the total
1100/1/2023 of the High Court of Cassation and
invoiced balance of RON 1,255 mn. was already fully
Justice. On 22.11.2023, the Court dismissed the
paid, the debit being thus extinguished and the
annulment appeal filed by ELSA as inadmissible.
request of the above-mentioned insolvency claim
remaining without object.
The file no. 3889/2/2018 has as object the
On 02 May 2023, Cluj Court of Appeal found
77/20.12.2017, and in the alternative, the reduction
Eurototal Comp’s recourse to be null, the decision
of the fine established for ELSA up to the minimum
being final.
legal level of 0.5% of ELSA’s turnover, by
annulment of the Competition Council Decision no.
re-individualizing the alleged anti-competitive
the same court for re-examining the main action.
act, with the retention and full capitalization of all
The term in this case is 28 March 2024.
mitigating circumstances applicable to ELSA. By the
Decision of the Competition Council no. 77/20.12.2017
The file has as object Societatea de Distributie a
was found the breaching of the provisions of art. 5
Energiei Electrice Transilvania Sud SA (at present
par. (1) of the Competition Law no. 21/1996 and art.
DEER) and Electrica`s request for the cancellation of
101 par. (1) TFEU by several companies which have
the Order of ANRE President no. 199/2018 regarding
sold meters and related measuring equipment
the approval of specific tariffs for the electricity
for electricity in Romania, in the procedures for
distribution service and the price for reactive
the award of supply contracts in the period from
electricity, for Societatea de Distributie a Energiei
27 November 2008 to 30 September 2015 and by
Electrice Transilvania Sud - S.A.
Electrica, as a facilitator, in the period from 24
November 2010 to 30 September 2015. The sanction
The action was rejected by the trial court, Electrica
applied to Electrica consists in a fine amounting
and SDEETS filed an appeal against this decision.
to RON 10,800,984.04 (paid by ELSA), representing
2.98% of the total turnover achieved in the financial
Case no. 7614/2/2018
year 2016. In determining the amount of the fine, it
was taken into account that (i) Electrica cooperated
On 16 May 2023, the High Court of Cassation and
fully and effectively with the Public Competition
Justice definitively resolved case no. 7614/2/2018
Council during the investigation procedure, outside
and dismissed the claim.
the scope of the leniency policy and beyond the
legal duty to cooperate, and (ii) it is for the very first
The file had as object the cancellation for partial
time when the authority retains the role of facilitator
revocation of the Tariff Pricing Methodology for
for a company organizing public procurement
Electricity Distribution Service, approved through the
procedures. On the merits of the case that was
ANRE President Order no. 169/2018, as regards Art.
the subject of file 3889/2/2018, by Sentence no.
5 RAB definition, art. 18-19, art. 26, art. 33-34, art. 39,
707/25.02.2019, the Bucharest Court of Appeal
art. 43-44, art. 47-49, art. 54-57, art. 64, art. 67-68,
rejected the annulment action as unfounded, and
art. 93-94, art. 103, art. 107, art. 126 paragraph 1, art.
the High Court of Cassation and Justice rejected
129 of the Methodology approved through the Order
the appeal declared by ELSA against the above
and issuing a new Order, taking into account the
sentence.
observations submitted by the companies.
On November 22, 2023, the High Court of Cassation
Case no. 6665/3/2019
and Justice rejected, as inadmissible, the annulment
appeal filed by ELSA against civil decision no. 5599
The High Court of Cassation and Justice cancelled
of November 22, 2022, by which the appeal declared
as unfounded the appeal declared by EFSA
by ELSA against Sentence no. 707/2019. This decision,
against civil decision no. 1492 of 07 October 2022,
pronounced in file no. 1100/1/2023, is final. At this
pronounced by the Bucharest Court of Appeal in file
moment there is no financial impact of this court
no. 6665/3/2019. The ruling pronounced is final.
decision, the fine established by the Competition
Council for ELSA being paid on 11 October 2018.
We mentioned that the claims requested by EFSA
Case no. 435/2/2019
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
On 26 April 2023, the High Court of Cassation and
of Accounts no. 5799/29Nov2016 and also the legal
Justice settled the appeal filed by Societatea de
interest namely: the amount of RON 793,234.07
Distributie a Energiei Electrice Transilvania Sud SA
representing the legal interest calculated from
(at present DEER) and Electrica S.A. in the file no.
the date when Electrica S.A. collected the sums
435/2/2019, by admitting it and sending the case to
of money (the total amount of which is RON
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6,232,398.04) until 31 March 2019, the legal interest
provision for the exclusive needs of the company
responsibility in the contested Decision, items 1 to
Enel Energie Muntenia S.A., E.ON Energie Romania
calculated from 31 March 2019 until the date of
was not provided, respectively with the value of 4
8, with the consequence of removing the measures
S.A., Electrica Furnizare S.A. (with its branches
execution of an enforceable court decision and
technical studies purchased for activities that are
ordered in items 1, 3 to 9 inclusively; the partial
Electrica Furnizare Muntenia Nord, Electrica Furnizare
the legal interest calculated from the date of
not found in the object of activity of the verified
cancellation of the Court of Accounts’ Resolution
Transilvania Sud, Electrica Furnizare Transilvania
the enforceable court decision up to the date of
entity, being related to activities belonging to other
no. 12/27.02.2017 through which Electrica’s appeal
Nord)., and the court admitted the request to bring
effective payment by Electrica S.A. of the principals
legal entities (electricity distribution subsidiaries),
against the Court of Accounts’ Decision no.
the suppliers of last resort into the case. As the
debit in the amount of RON 6,232,398.04. By the
without being invoiced to the subsidiaries for the
12/27.12.2016 was rejected, respectively regarding
time of this announcement, the litigation is in the
decision no. 2336 of 1 October 2021, the Bucharest
recovery of the expense. The four studies are related
the irregularities and the ordered measures,
evaluation process within the legal department.
Tribunal rejected as unfounded the request filed
to the electricity distribution activities carried out by
and additionally the extension with at least 12
by EFSA and by the decision no. 1492 of 7 October
the electricity distribution subsidiaries (Transilvania
months of the deadlines for the fulfilment of all the
From a preliminary analysis of the Legal Department:
2022, the Bucharest Court of Appeal rejected as
Sud, Muntenia Nord and Transilvania Nord), which
measures ordered to Electrica through Decision no.
(i) of Hidroelectrica’s claims, it results that for the
unfounded the appeal filed by EFSA against the
are organized as separate legal entities, activating
12/27.12.2016.
decision of the Bucharest Tribunal.
in a field in which the entity (Electrica) is not
contracts concluded with Electrica Furnizare, the
differences would be to approximately RON 77.85
Case no. 2229/2/2017*
it own such electricity distribution networks; -
settled in this case being 27 March 2024.
action, it turns out that for Electrica Furnizare, in
licensed by ANRE to carry out activities, nor does
The decision was appealed by both parties, the term
mn.; (ii) in relation to the claims from the legal
On 6 July 2023, Bucharest Court of Appeal partially
exceeding the period 17 July 2013-01 September
Case no. 1927/2/2019
admitted the claim made by Electrica and partially
2013, the measure being maintained for the rent
partially annulled item 5 (measure II.7), for the rent
the situation in which the court would order the
obligation of ANRE to issue a new Decision regarding
the regulated price for the energy purchased by
annulled the Resolution no. 12/27.02.2017 and the
related to the period 17 July 2013- 01 September 2013
Electrica’s subsidiary, Electrica Furnizare S.A. (EFSA),
Electrica Furnizare from SPEEH Societatea Energetica
Decision no. 12/27.12.2016, issued by the Romanian
- Making payments, during July 2013 - June 2014, in
was introduced in the case which is the object
Electrica S.A. 9, Grigore Alexandrescu str. 010621
Court of Accounts, regarding the following
the estimated amount of RON 36,385, for expenses
of the file no. 1927/2/2019 (Bucharest Court of
District 1, Bucharest, Romania Phone: 021-208 59 99;
deviations from the Decision (respectively to the
without a legal basis, respectively for expenses
Appeal) as a forced intervener (defendant). EFSA
Fax: 021-208 59 98 Fiscal Registration Certificate RO
correlative measures): - annulled item 1 (measure
with the rent of a building classified as company
was summoned for the term of 23 October 2023.
13267221 J40/7425/2000 Share capital: 3.464.435.970
II.3) - The hiring of funds in the estimated amount
housing for the benefit of the CEO, considering that
The object of the court file no. 1927/2/2019 is the
LEI www.electrica.ro Public Hidroelectrica in the
of RON 224,622,940 (without VAT), for the execution
the housing was not granted in accordance with the
request submitted by SPEEH Hidroelectrica S.A.
period 1 March 2019 – 31 December 2019 on the basis
of works related to the objective “AMR system
law; - annulled item 6 (measure II.8) - Unjustified
against ANRE, through which SPEEH Hidroelectrica
of regulated contracts, because this court decision,
necessary for the measurement activity and
increase in expenses amounting to RON 2,400,
S.A. requested: i. the partial annulment of the ANRE
doubled by the issuance of a new ANRE Decision,
consumption dispatcher at Electrica SA level”, for
representing land valuation services, engaged in the
President’s Decision no. 324/25.02.2019 regarding
could lead to the triggering of other litigations
which the purchased goods, although they were
same year, several times, with the same appraiser,
the establishment of regulated prices for delivered
regarding the status of these contracts and in
highlighted in the accounting, are not physically
for the same patrimonial elements; - annulled item
electricity and quantities of electricity sold based
relation of the regulated price differences. According
found in the patrimony nor were they used for the
7 (measure II.9) - Non-compliance with the legal
on regulated contracts between 1 March 2019 and
to what was presented by SPEEH Hidroelectrica,
activities carried out according to the object of
provisions regarding good management in the use
31 December 2019 by SPEEH Hidroelectrica S.A.; ii.
in the public offer prospectus in June 2023: “The
activity, being necessary for the performance of
of funds, respectively the employment of services at
issuing a Decision approving the regulated price
resolution of the case (1927/2/2019) is significantly
the activity of other legal entities (the company’s
overvalued prices by awarding a service contract to
for the electricity sold by SPEEH Hidroelectrica,
influenced by the decision pronounced by the
subsidiaries); - annulled item 2 (measure II.4) - The
an economic operator who presented a price offer
between 1 March 2019 and 31 December 2019, based
court for the appeal filed by Hidroelectrica against
unjustified increase in the expenses with technical
higher than those of other competitors.
on regulated contracts concluded with suppliers
ANRE Order no. 10/2019 regarding the approval
assistance services in the estimated amount
of last resort in compliance with legal provisions;
of the pricing methodology (file no. 1170/2/2019).
of RON 2,337,657.50 (without VAT), intended for
Also, the head of claim regarding the extension
iii. the payment to Hidroelectrica of the amounts
Because the appeal that was the subject of file no.
carrying out the activities of other legal entities
of the implementation deadlines was rejected
representing the damage suffered as a result of
1170/2/2019, was rejected by the final decision of the
(the distribution subsidiaries); - annulled item 3
as unfounded and it was noted that the plaintiff
the effects of the ANRE President’s Decision no.
High Court of Cassation and Justice, Hidroelectrica
(measure II.5) - Unjustified increase in operating
reserved the right to submit a separate claim for the
324/25.02.2019, the amount to which is added the
anticipates that the decision in file no. 1927/2/2019
expenses with the amount of RON 74,667.60
legal expenses incurred in the case.
legal interest related to the loss suffered, damage
will be unfavorable”.
(without VAT), representing maintenance services
related to the period 1 March 2019 to 31 December
for the equipment located in the communications
The file no. 2229/2/2017* on the docket of the
2019.
infrastructure of the subsidiaries, which are
Bucharest Court of Appeal has as its object, mainly,
In the event that, following the analysis carried out
by the legal department, additional information
separate legal entities; - annulled item 4 (measure
the partial annulment of the Court of Accounts’
We mention that ANRE requested the introduction
will result that will lead to a different conclusion on
II.6) – Unjustified increase in operating expenses
Decision no. 12/27.12.2016, issued by the director of
in the case as forced interventionist of the following
the possible outcome of the litigation, Electrica will
with services in the estimated amount of RON
Directorate 2 within Department IV, respectively:
last resort suppliers: Cez Vanzare S.A., Enel Energie
inform the shareholders and investors.
273,500 (without VAT), for which proof of their
regarding the irregularities found to be Electrica’s
S.A. (with the licensed areas Banat and Dobrogea),
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The next term in the case is 18 March 2024.
Regarding transparency, Electrica reaffirmed its
IEC 27001:2018. Additionally, also in October 2023,
Case no. 724/1285/2023
the legality of the negative certificate of verification,
Sustainability Report for the seventh consecutive
Management System from the certification body
the court ruled as follows: “it can be clearly seen
year. This report provides detailed information
SRAC Cert affiliated with IQNet, in accordance with
Following the appearance on portal.just.ro of
that the payment was made as an immediate
about all the companies within the Electrica Group,
the requirements of the international standard SR EN
In case no. 621/117/2023, in which the EC challenged
commitment to stakeholders by publishing the
Electrica S.A. obtained certification for the Energy
information on the file no. 724/1285/2023, regarding
consequence of the formulation of a petition for
and can be accessed on the company›s official
ISO 50001:2019.
the filing by Eurototal Comp SRL Bucharest (EC)
the opening of insolvency proceedings against
website. Additionally, all these reports formed the
of an application for the opening of insolvency
the defendant, because immediately after the
basis for evaluating sustainability-related aspects.
During the year 2023, the companies DEER and
proceedings against Electrica SA, Distributie Energie
formulation of this petition to the court, the
Electrica Romania SA (DEER), Electrica makes the
defendant paid the countervalue of the invoices
• Certifications
following clarifications:
related to the hand cream, including the penalties
claimed by the claimant, although through all
Between the distribution subsidiary of Electrica
communications between the parties previously
SA, DEER, as Contracting Entity – Beneficiary and
issued, it refused to pay the countervalue of the
the company EC, as Supplier, the Sectoral Product
hand cream for the reasons shown. For these
Contract no. 5003/28Sep2022 – for the supply of
reasons, since it is clear from the evidence
“Hygienic and sanitary materials: hand cream, hand
submitted that the applicant has improperly
washing paste, nail brush, to–el, soap, toilet paper”
performed the contractual obligations assumed
was carried out, the contract price being RON
under the sectoral contract for products No
1.074.973 plus VAT.
5003/28Sep2022, the document contested in
the present case was duly issued, so that the
On 28 December 2022, the Specialized Court of Cluj
applicant’s claim is unfounded”. Judgment no.
registered EC’s request for the opening of insolvency
636/20Mar2023 remained final by decision no.
In October 2023, Electrica S.A. underwent the annual
audit for the supervision of the Integrated Quality
Management System - Environment - Occupational
Health and Safety - Information Security in
accordance with the requirements of international
reference standards SR EN ISO 9001:2015, SR EN
ISO 14001:2015, SR ISO 45001:2018, and SR EN ISO/
1.2.5 Distribution segment
EFSA underwent annual surveillance audits of
the Integrated Quality Management System -
Environment - Occupational Health and Safety,
implemented in accordance with the requirements
of the reference standards ISO 9001:2015, ISO
14001:2015, and ISO 45001:2018. These audits were
conducted by the external certification body SRAC
Cert. No major non-conformities were identified.
proceedings against DEER – file no. 1221/1285/2022.
6/25May2023 pronounced by the Cluj Court of
For the distribution segment, the significant
1 April 2022-31 March 2023, as well as for the
After the communication of the request, DEER
Appeal.
proceeded to pay the allegedly due amounts. We
changes in the Romanian legislation were detailed
amendment and completion of some normative
at Appendix 3.1.1. Based on these changes, the
acts in the field of energy and the amendment
remind that Electrica informed investors about the
On 25 October 2023, a new insolvency file was
expected effects refer to:
file 1221/1285/2022 from December 2022 through the
registered with the Cluj Specialized Court, under
of the GEO no. 119/2022 for amending and
supplementing the GEO no. 27/2022 regarding
current report of 3 January 2023.
number 724/1285/2023, by EC.
• GEO no. 119/2022 for the amendment and
the measures applicable to final customers
The Cluj Specialized Court, by Judgment no.
At the term of 11.01.2024, the court takes note of the
measures applicable to final customers in the
the period 1 April 2022-31 March 2023, as well
74/12Jan2023, took note of the waiver of the creditor
renunciation of the creditor EUROTOTAL COMP S.R.L.,
electricity and natural gas market in the period
as for the modification and completion of
EC to the judgement of the application for the
when judging the request to open the insolvency
1 April 2022—31 March 2023, as well as for the
some normative acts in the field of energy: (i)
opening of insolvency proceedings filed against
procedure filed against the debtor DEER, it finds that
modification and completion of some normative
in the period 1 January 2023-31 March 2025
DEER SA, the decision remaining final by Decision
DEER’s appeal remains without object; without court
acts in the field of energy - in force starting
the mechanism for the centralized purchase
no.115/02May2023 pronounced by the Cluj Court of
costs. At the same time, the court takes note of the
from 1 September 2022: (i) the additional costs
of electricity is established; (ii) OPCOM is
Appeal.
parties’ manifestation of will to waive the appeal.
with the purchase of electricity, made between
designated as the sole purchaser, it buys the
The sentence is final.
1 January 2022 and 31 August 2023, in order to
electricity from the planned producers and
completion of GEO no. 27/2022 regarding the
in the electricity and natural gas market in
Subsequently, within the framework of the file no.
133/117/2023*, DEER requested the reimbursement
of the not due payments and accessories and
• Corporate image
also issued a negative certificate of verification
as a result of the non-fulfilment of contractual
obligations by the company EC. By Judgment no.
2227/17Oct2023 the court admitted DEER’s claim.
The decision can be appealed within 15 days from
the communication. Subsequent to this judgment,
EC made a partial payment of the amount it was
obliged to pay.
Mainly, as a result of the PR & Communication
efforts, Electrica maintained its position at number 7
in the top of the most valuable Romanian brands in
2023. This represents the company›s highest ranking
to date. In the same top, the brand›s market value
is estimated at EUR 260 mn., an increase of 28%
compared to the previous year.
cover the NL, compared to the costs included in
sells the purchased electricity to the electricity
the regulated tariffs, are capitalized quarterly,
suppliers who have contracts concluded with
RRR = 50% of the RRR applicable to each periods;
final customers, the electricity transport and
GEO no. 119/2022 was approved and amended
system operator and the electricity distribution
by Law no. 357/2022, application period 1
operators, for covering the own technological
January 2023 – 31 March 2025.
consumption of the networks operated by them.
DO can buy from OPCOM through an annual/
• GEO no. 153/2022 for the amendment and
monthly mechanism 75% of the amount of NL
completion of GEO no. 27/2022 regarding the
forecasted and validated by ANRE at the price of
measures applicable to final customers in the
450 RON/MWh, and producers can sell to OPCOM
electricity and natural gas market in the period
through an annual/monthly mechanism 80% of
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the amount produced forecasted and validated
2024, the net accounting value of the fixed
investments from EU funds only if they did not
to use the place of consumption and to keep
by ANRE and Transelectrica at the price of 450
assets included in the RAB on 31 December
benefit from the PCI incentive.
its destination for a period of at least 15 years
RON/MWh. GEO no. 153/2022 was approved and
2023; (vi) The regulated rate of return for the
from the date of the PIF, otherwise he is obliged
amended by Law 206/2023.
year 2024 is maintained at the value of 6.39%;
(vii) The inflation corrections related to RP4 will
• Law no. 158/2023 for the amendment and
to return to the OD the value of the design
completion of the Electricity Law no. 123/2012
and execution of the connection installation,
• ANRE order no. 129/2022 for the approval of the
be calculated in 2024 and added to the target
provides that for the supply of equipment and
proportionally with the period remaining unused,
Methodological Norms for the recognition in
income of 2025, which represents the first year
aggregates for irrigation and for economic
gradually, in accordance with ANRE regulations.
tariffs of the additional costs with the purchase
of RP5; (viii) The deadline for submitting to ANRE
operators that carry out activities included in
of electricity to cover the own technological
the documentation substantiating the tariffs and
CAEN codes 01 Agriculture, hunting and related
• The regulation approved by ANRE Order no.
consumption compared to the costs included
the investment program for the year 2024 was 15
services and CAEN 10 Food industry, DSO has
99/2023 allows granting to the TSOs and DSO
in the regulated tariffs, application period
August 2023.
1 January 2022 – 31 August 2023 - (i) the
the obligation to ensure the financing and
the right to own, develop, manage or operate
realization of the design and execution works
electrical energy storage facilities (ISE) that
quarterly capitalization of the additional costs
• OD sent to ANRE the data for monitoring the
of the connection installation of the non-
represent fully integrated network components
with NL compared to the costs included in the
simulation of the application of binomial tariffs
domestic final customer, whose length will be
(CRCI). CRCI cannot be used by the TSO/
regulated tariffs; (ii) the capital costs related
for the year 2022 until 31 March 2023.
up to 2.5 km located on the territory and for
DSO to buy or sell electricity on the electricity
to the year 2022 are recognized in a distinct
the connection installations that exceed the
markets: for the purpose of system balancing
component related to the additional cost with NL
• The modification of the Investment Procedure by
length of 2.5 km, the financing of the difference
or congestion management or to cover the own
applicable starting on 01 April 2023, outside the
ANRE Order no. 6/2023 considers the recognition
from the network falls on the responsibility of
technological consumption of the electricity
7% limitations imposed for tariff increases; (iii)
of DO investments in energy storage and
the non-domestic final customer. The counter
network.
the recognized NL price for 2022 will be equal to
production for control and NL: (i) inclusion in the
value of the design and execution works of the
the reference price calculated as an average
category of justifiable investments of energy
connection installation will be recognized in the
among network operators, increased by 5%; (iv)
production installations from renewable sources
tariff by ANRE, the resulting assets become the
the additional cost with NL capitalized in 2023
for NL supply and control consumption from
will be included in the separate NL component
the station; (ii) the inclusion in the category of
applicable in 2024. By ANRE Order no. 104/2023,
necessary investments of electricity storage
the application period was changed until March
facilities; (iii) the possibility for DO to own
31, 2025, according to the changes approved by
storage facilities, by way of exception from
Law no. 357/2022.
the provisions of the Energy Law (art. 46^1
para. (1)), only with prior approval by ANRE;
• ANRE order no. 79/2023 regarding the
(iv) establishing the method of calculating
modification and completion of the Methodology
the economic efficiency of investments in
for establishing tariffs for the electricity
production/storage, to be recognized by ANRE.
distribution service, approved by ANRE Order
no. 169/2018 with the following changes: (i) The
• The Methodology for the evaluation of
year 2024 represents the transition period from
investments in projects of common interest
the fourth period (RP4) to the fifth regulatory
(PCI) approved by the ANRE Order no.1.2023 is
period (RP5); (ii) The target income of the DO
modified as follows: (i) expanding the scope
for the year 2024 is established according to
of the Methodology for DO investments (in
the Methodological Norms that complete the
addition to TSOs), (ii) granting a 1% RRR incentive
Methodology (Annex 1^1); (iii) In 2024, ANRE
for PCI, (iii) expanding the scope of the type
approved for DEER regional distribution tariffs
of PCI from electric transmission networks,
established on the basis of a single regulated
to: a) electrical transmission and distribution
income and a single NL target; (iv) The forecast
networks; b) offshore networks for energy from
for NL price for the year 2024 is calculated as
renewable sources; c) projects that integrate
a weighted average considering 75% the price
innovative technical solutions and which,
approved by MACEE and 25% the DAM price for
although they have low capital costs, involve
May 2023; (v) The value of the RAB achieved on
significant operating costs. The Methodology
31 December 2023 will be calculated in 2024,
for establishing distribution tariffs was also
and the DO will transmit to ANRE, until 31 May
modified by granting the RRR incentive of 2% for
property of OD from the moment the connection
installation is installed. The applicant, a future
non-domestic end customer, has the obligation
1.2.6 Supply segment
The regulatory framework has undergone significant
1. Price cap for household and non-household
changes over the last decade, in terms of full
consumers according to GEO no. 27/2022, with
liberalization of electricity and natural gas market,
subsequent amendments and additions;
supply and distribution activities unbundling,
2. Limitation of average acquisition price
implementation of renewable energy support
considered for determining the amounts to be
scheme, support for electricity consumers and price
recovered from state budget to 1,300 RON/MWh
capping for final consumers.
initially, lowered to 900 RON/MWh in present
Starting 1 November 2021, against the background of
- amendment according to Law no.206/2023
the increase in energy and natural gas price on the
(approving GEO 153/2022), except for acquisition
international and national markets, the energy crisis,
intended for Supply of Last Resort, where this
as well as the effects caused by these increases
limitation does not apply;
among population in Romania, a series of support
3. Centralized Electricity Purchase Mechanism
schemes have been applied to electricity and gas
(CEPM): the mechanism provides that OPCOM,
consumers, by establishing compensation and
as the sole purchaser, buys electricity from
capping schemes between 1 November 2021 and 31
producers (electricity producers with an
March 2025.
installed power capacity equal to or greater
than 10 MW) and sells purchased electricity
Therefore, the year 2023 was under the influence of
to suppliers who have contracts with end
the following features:
customers, transmission system operator and
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distribution system operators to cover their own
The categories of customers benefiting from natural
technological consumption; the price paid by
gas cap in 2023:
Due to recent changes in world energy market,
OPCOM to energy producers for sold electricity
• household customers – the maximum price is
including EU, each member state of the European
quantities is 450 RON/MWh, and the OPCOM
capped at 0.310 RON/KWh;
Union must modify its own energy sector legal
selling price to economic operators is also 450
• non-household customers - the maximum
framework in order to protect civil society’s interests,
RON/MWh (OPCOM has the right to charge
price is capped at 0.370 RON/KWh for an annual
on the one hand, and on the other hand to ensure
a balance and adequate functionality on the local
energy market by supporting energy suppliers.
Subsidies to be received
As of 31 December 2023, the estimated amount to
be received from the Ministry of Energy for subsidies
is RON 2,595.5 mn. (31 December 2022: RON 1,280.7
mn.), and from the County Agency for Payments
and Social Inspection is worth RON 18.9 mn.. Of the
amount of subsidies to be collected, RON 1,528.7
mn. represents uncollected claims submitted to the
state authorities and RON 1,085.9 mn. claims not yet
submitted to the state authorities by 31 December
2023.
market participants tariffs/commissions at the
consumption of up to 50 GWh.
level of costs recorded through the organization
of Centralized Electricity Purchase Mechanism).
In order to carry out the transactions, OPCOM
will organize an annual procurement procedure
each month, as well as an additional monthly
procurement procedure, for electricity quantities
to be delivered in the following month; the
annual and monthly quantities of electricity
are binding on the electricity producers and
economic operators for all settlement intervals
each month (contracts are concluded by
signature, within a maximum of three working
days);
4. The mandatory natural gas underground
storage was calculated by ANRE according
to two criteria: obligation of all suppliers to
store a quantity of gas that would cover 90%
of Romania’s storage capacity and the market
share of each supplier in 2022;
5. Obligation of natural gas producers to sell at
the price of 150 RON/MWh the quantities needed
to supply household customers/heat energy
producers.
The compensated amounts are settled by the
National Agency for Payments and Social Inspection
(“ANPIS”) for household consumers and by the
Ministry of Energy for non-household consumers.
Transactions on the competitive gross market
are transparent, public, centralized and non-
discriminatory. Participants on the gross market
can trade electricity based on bilateral contracts
concluded on distinct markets.
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.
The impact of energy prices increase
After the full liberalization of electricity market
The categories of customers benefiting from
from January 1, 2021, for all types of consumers,
electricity cap in 2023:3:
the international context of energy markets
• household customers (consumption <100
characterized by an unbalance between demand
KWh/month - maximum price 0.68 RON/KWh,
and supply at European level, combined with
consumption range 100-300 KWh/month – by
energy policies developed both at EU level and at
delimiting the volume exceeding 255 KWh/
national level, it led to an increase in electricity
month - respectively the price level capped at
prices. Additionally, the strong increase in energy
0.800 RON/KWh and with a maximum price of 1.3
prices is both the result of external factors, such as
RON/KWh;
exponential increase in emission certificates price,
• non-household customers - divided separately
and of internal factors, such as large volumes of
by activity field into three categories:
energy traded on the Day-Ahead Market (DAM).
customers benefiting from capping for 85% of
The entire energy sector was affected by electricity
consumption with a price capped at 1 RON/KWh,
price.
customers benefiting from capping for 100% of
consumption, price capped at 1 RON/KWh and
The difficult conditions mentioned above have led
the rest of the customers at a maximum price of
to an increase in operating expenses, mainly for the
1.3 RON/KWh.
purchase of energy for the NL and for the supply
activity.
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1.3 Subsequent events to the balance sheet date
Below are presented the relevant events that took place at the Group level in the period between 31
December 2023 and the date of the present report.
1.3.1 General Meetings of Shareholders
On 26 January 2024, the Ordinary General Meeting
Also, Electrica shareholders approved with the
of Shareholders approved the election of the
majority of votes cast by the shareholders present
following members of the Company’s Board of
or represented:
Directors by applying the cumulative vote method:
• Establishing the term of office of the members
• Mr. Ion-Cosmin Petrescu
• Mr. Dumitru Chirita
• Ms. Georgiana Bogasievici
• Mr. Dragos-Valentin Neacsu
• Mr. Adrian-Florin Lotrean
• Mr. Marian-Cristian Mocanu
• Ms. Valentina-Elena Siclovan
The following members of the Board of Directors are
considered revoked: Mr. Iulian Cristian Bosoanca,
Mr. Radu Mircea Florescu and Mr. Gicu Iorga. They
were not reconfirmed as a result of applying the
cumulative voting method, their mandate ending as
a consequence on the OGMS date, according to the
provisions of art. 167 paragraph (3) of Regulation no.
5/2018 of the Financial Supervision Authority.
elected by applying the cumulative voting
method, for a period of 4 (four) years.
• Establishing the remuneration due to the
members of the Board of Directors elected
by applying the cumulative vote method,
respectively that established according to the
Remuneration Policy for Administrators and
Executive Directors, approved by the Resolution
of the Ordinary General Meeting of Shareholders
no. 1/27 April 2023.
• Establishing the form of the mandate contract
that will be signed with the members of the
Board of Directors elected by applying the
cumulative vote method, respectively the one
approved by the Resolution of the Ordinary
General Meeting of Shareholders no. 1 of 9
February 2018.
The Audit and Risk Committee:
The Climate Governance and Public Affair
• Ms. Valentina-Elena Siclovan – Chair;
Committee:
• Mr. Adrian-Florin Lotrean – member;
• Mr. Dragos Valentin Neacsu – Chair
• Mr. Ion Cosmin Petrescu – member.
• Ms. Valentina-Elena Siclovan – member
• Ms. Georgiana Bogasievici – member
1.3.3 Other relevant events
On 19 January 2024, Electrica received from the
All these announcements and auditor’s reports can
European Bank for Reconstruction and Development
be found on ELSA’s website, at this address: https://
(EBRD) a notification according to which, on 15
www.electrica.ro/en/investors/results-and-reports/
January 2024, the EBRD disposed of a number
current-reports-art-108/.
of 205,505 Electrica shares, falling below the 5%
threshold provided by article 71 of Law 24/2017
On 31 January 2024, Electrica published the Auditor’s
on issuers of financial instruments and market
Report on transactions reported in H2 2023 pursuant
operations, thus reaching a holding of 4.9502% of
to Art. 108 of Law 24/2017 (R).
the voting rights of Electrica calculated on the basis
of all the shares to which voting rights are attached,
For more details, please see chapter 3.4 in the
even if for the shares own shares (6,890,593 own
current report.
shares) their exercise is suspended, in accordance
with the provisions of art. 71 (1) of Law no. 24/2017
Treasury aspects
regarding issuers of financial instruments and
market operations.
Loans related to third parties
On 14 February 2024, Electrica published the
• On 18 January 2024, the Intra-Group Domestic
preliminary key performance indicators for Q4 2023.
Cash Pooling Services Agreement No.
On 15 February 2024, Electrica published a current
Generale SA and Societatea Energetica Electrica
report regarding the final settlement of a case
SA, as “Pool Leader” and DEER, as “Participating
8/8130/2024 was signed between Groupe Societe
1.3.2 Decisions of ELSA’s BoD
against ANRE.
Company”, to ensure the optimal management
of the cash deficit or surplus in the bank
On 22 January 2024 and subsequently on 25 March
During the same meeting from 12 February 2024,
On 22 February 2024, Electrica announced the
accounts of each of the Group Companies.
2024, ELSA’s Board of Directors decided to extend
the Board of directors decided the following
attraction of EUR 171 mn. Non-Reimbursable
the duration of the mandate of Mr. Alexandru-
composition for its consultative committees, until 31
Financing Through the Modernisation Fund.
• On 18 January 2024, the Intra-Group Domestic
Aurelian Chirita, as CEO, under the same conditions,
Decemebr 2024:
until 31 December 2024 (inclusively).
The Strategy and Corporate Governance
Transactions with related parties
Cash Pooling Services Agreement No.
9/8130/2024 was signed between Groupe
Societe Generale SA. and SE Electrica SA, as “Pool
During its meeting on 12 February 2024, ELSA’s BoD
Committee:
After 31 December 2023, Electrica published 6 more
Leader” and EFSA and SERV, as “Participating
elected Mr. Dumitru Chirita as the Chair of the Board
• Mr. Marian Cristian Mocanu – Chair;
current report according to art. 108 of Law no.
Companies”, to ensure the optimal management
of Directors until 31 December 2024.
• Mr. Dumitru Chirita – member;
24/2017, reporting transactions concluded between
of the cash deficit or surplus in the bank
• Mr. Dragos Valentin Neacsu – member.
DEER – OPCOM, EFSA – OPCOM, DEER – EFSA and EFSA
accounts of each of the Group Companies.
Also, the Board of Directors decided, in accordance
with art. 18, para. 14 from the articles of Association
of the Company, to establish two vice-chair
positions. Therefore the Board of Directors elected
Mr. Dragos-Valentin Neacsu and Mr. Adrian-Florin
Lotrean as Vice-Chairs, until 30 December 2024.
The Nomination and Remuneration Committee:
• Mr. Adrian-Florin Lotrean – Chair;
• Mr. Marian Cristian Mocanu – member;
• Mr. Ion Cosmin Petrescu – member.
- TEL, as well as a current report for information on
the signing of contracts on MACEE, for the year 2024,
• On 18 January 2024, the Loan Facility Agreement
by DEER and EFSA.
no.10/8130/2024 was signed by SE Electrica SA
and BRD - Groupe Societe Generale SA within
Also, on 30 January 2024, Electrica published the
the cash-pooling structure, whereby the bank
Auditor’s report regarding the transactions reported
provides the borrower with a revolving credit
in H2 2023 according to Art. 108 Law 24/2017 (R).
facility in the total amount of RON 150 mn., valid
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until 17 January 2025, to finance the funding
ING Bank, SE Electrica SA as guarantor, extending
• On 31 January 2024, SE Electrica SA concluded
The amount of the Parent Corporate Guarantees
needs of the Participating Companies and the
the validity of the facility until 29 March 2024.
the Loan Agreement no. 19 dated 31 January
(which are not real guarantees), constituted by ELSA
borrower within the structure from the Cash
2024 with Foton Power Energy SRL, for a loan
in favor of EFSA, is RON 161.6 mn..
Pooling Agreements.
• On 19 February 2024, was signed the contract FA
in the amount of RON 245 mn. and 12 months
• On 22 January 2024, was signed the Additional
Vista Bank, SE Electrica SA as guarantor, whereby
necessary for the completion and operation of
9178/19.02.2024, concluded between EFSA and
validity, to finance the investment works
Subsidies receivables
Act no.3 to the Loan Agreement no. 2022012502
a facility for working capital was granted, in the
the photovoltaic power plant “Bihor”.
Subsequent to the reporting date, claims amounting
concluded by DEER and BCR which extends
amount of RON 17 mn., valid until 19 February
the validity of the overdraft facility and bank
2025.
guarantees, in the amount of RON 220 mn., until
30 April 2024.
• On 20 February 2024, was signed the contract
02246681CR/01/20.02.2024, concluded between
• On 30 January 2024, was signed the
EFSA and Vista Leasing IFN, SE Electrica SA as
Additional Act no.4 to the Loan Agreement no.
guarantor, whereby a facility for working capital
11673879/02.02.2022, in the amount of RON 190
was granted, in the amount of EUR 6 mn., valid
mn., concluded by EFSA and Banca Transilvania,
until 10 February 2025.
SE Electrica SA as guarantor, extending the
validity of the facility until 30 January 2025 and
amending the commercial terms.
Intragroup Loans
Guarantees established by ELSA, for its
subsidiaries and other third parties
Parent Corporate Guarantees
• On 01 February 2024, was signed the Additional
act no.1 to the Parent Corporate Guarantee
established on 14 December 2022 in favor
of EFSA, having as beneficiary COMPLEXUL
ENERGETIC OLTENIA. The amount of the guarantee
was reduced to RON 32.1 mn. and the validity was
extended until 10 March 2024.
to RON 605 mn. were submitted to the state
authorities for the period prior to 31 December
2023 (invoices issued in October - November
2023), subject to GEO no. 27/2022 applicable with
subsequent amendments.
Legislation
The legislative changes with significant impact in
the activity of the Electrica Group and published in
the period between the closure of the financial year
2023 and the date of this report are presented in
Appendix A.3.2.
• On 31 January 2024, was signed the Additional
Act No. 5 to the Loan Agreement 10091385
of 16.12.2020 concluded by DEER and Banca
Transilvania SA, extending the validity of the
period of use until 30 January 2025 and maturity
until 31 January 2026 for the facility in amount of
RON 160 mn., for credit line and for issuing bank
guarantees.
• On 02 February 2024, was signed the Additional
Act no.4 to the Loan Agreement no. 17/8130/2022
dated 04 February 2022 concluded by EFSA and
BRD, SE Electrica SA as guarantor, extending
the validity of the facility in amount of RON 220
mn. until 02 February 2025 and amending the
commercial terms.
• On 8 February 2024, was signed the Additional
Act no. 1 to the Credit Facility Agreement
no. 49183, non-cash facility for issuing bank
guarantees, concluded between DEER and
Garanti BBVA, SE Electrica SA as guarantor, in
the amount of RON 103 mn., which extended the
validity of the facility until 20 April 2026.
• On 14 February 2024, was signed the Additional
Act no. 5 to the Credit Facility Agreement no.
WB/C/14 dated 18 February 2022 in the amount
of EUR 34.3 mn., concluded between EFSA and
• On 13 January 2024, was concluded the Interna
Treasury Convention no.13/22.01.2024, between
• On 01 February 2024, was signed the Additional
SE Electrica SA and EFSA, within the Cash Pooling
act no.1 to the Parent Corporate Guarantee
structure, to ensure the optimal management of
established on 28 December 2022 in favor
the cash deficit or surplus in the bank accounts
of EFSA, having as beneficiary COMPLEXUL
of each of the two companies.
ENERGETIC OLTENIA. The amount of the guarantee
was reduced to RON 62.8 mn. and the validity
• On 13 January 2024, was concluded the Interna
was extended until 10 March 2024.
Treasury Convention no.14/22.01.2024, between
SE Electrica SA and DEER, within the Cash Pooling
structure, to ensure the optimal management of
the cash deficit or surplus in the bank accounts
of each of the two companies.
• On 13 January 2024, was concluded the Interna
Treasury Convention no.15/22.01.2024, between
SE Electrica SA and SERV, within the Cash Pooling
structure, to ensure the optimal management of
the cash deficit or surplus in the bank accounts
of each of the two companies.
• On 23 January 2024, SE Electrica SA concluded
the Loan Agreement no. 17 dated 23 January
2024 with New Trend Energy SRL, for a loan in the
amount of RON 200 mn. and 12 months validity,
to finance the investment works necessary
for the completion and operation of the
photovoltaic power plant “Satu Mare 3”.
1.3.4 Litigation
Case no. 2790/1/2023 (former 360/2/2015)
On 14 February 2024, the High Court of Cassation
Following Electrica’s request, the case was
and Justice definitively settled the case no.
suspended until the final resolution of Electrica’s
2790/1/2023 (former number 360/2/2015), against
file against ANRE no. 192/2/2015, having as its
ANRE, rejecting Electrica’s recourse as unfounded
object the annulment of ANRE’s President Order
(the case was also dismissed on merits). The object
no. 146/2014 regarding the establishment of the
of the file is Electrica’s request for the annulment
regulated rate of return applied to the approval of
of ANRE President’s Order no. 156/2014 regarding
tariffs for the electricity distribution service provided
the approval of the specific tariffs for the electricity
by concessionaire distribution operators starting
distribution service and of the price for reactive
from January 1, 2015 and the repeal of art. 122 of the
electricity, for Societatea Comerciala “Filiala de
Methodology for establishing tariffs for the electricity
Distributie si Furnizare a Energiei Electrice Electrica
distribution service, approved by the Order of the
Distributie Transilvania Sud” S.A., now Distributie
President of the National Energy Regulatory Authority
Energie Electrica Romania S.A. (DEER), Electrica’s
no. 72/2013.
subsidiary.
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2. ELECTRICA GROUP
56
57
2.1 Organizational structure
Table 4. ELSA’s subsidiaries
Electrica Group is one of the main distributors and suppliers of electricity on the Romanian market.
Subsidiary
Activity
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::
• Distributie Energie Electrica Romania S.A. („DEER”) resulted from the merger through absorption of
the three distribution subsidiaries Societatea de Distributie a Energiei Electrice Muntenia Nord (“SDMN”),
Societatea de Distributie a Energiei Electrice Transilvania Sud (“SDTS”) and Societatea de Distributie
a Energiei Electrice Transilvania Nord (“SDTN”), the last one being the absorbing company. DEER is
the main electricity supplier in Transilvania Nord area (Cluj, Maramures, Satu Mare, Salaj, Bihor and
Bistrita Nasaud counties), Transilvania Sud area (Brasov, Alba, Sibiu, Mures, Harghita and Covasna
counties) and Muntenia Nord area (Prahova, Buzau, Dambovita, Braila, Galati and Vrancea counties),
ensuring the service of network users by operating the installations that work at 0.4 kV to 110 kV (power
lines, substations and transformation stations). DEER holds exclusive distribution licenses for the
aforementioned regions, which have a validity period until 2027, with the possibility of extension for a
period of 25 years;
• Electrica Furnizare S.A. („EFSA”), company whose main activity is the supply of electricity to final
consumers. EFSA holds an electricity supply license that covers the entire territory of Romania, which
was renewed in 2021 for a period of 10 years, and a license for carrying out the activity of natural gas
supply, valid until 2022. In view the expansion of 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.
• Electrica Serv S.A. („SERV”) starting on 30 November 2020, the company absorbed Servicii Energetice
Muntenia SA (“SEM”), following a merger process. SERV provides repair services and other related
Sole
registration
code
Head Office
% shareholding
as at 31 December
2023
14476722
Cluj-Napoca
99.99999929%
Electricity distribution in
geographical areas Transilvania
Nord, Transilvania Sud and
Muntenia Nord
Electricity and natural gas supply
28909028
Bucuresti
99.9998444099934%
Services in the energy sector
(maintenance, repairs,
construction)
17329505
Bucuresti
99.99998095%
Production of electricity
42910478
Constanta
Production of electricity
42921590
Constanta
Production of electricity
43652555
Constanta
100%
60%
60%
Distributie Energie
Electrica Romania
S.A. („DEER”)
Electrica Furnizare
S.A. (“EFSA”)
Electrica Serv S.A.
(“SERV”)
Sunwind Energy S.R.L.
(“SWE”)
New Trend Energy
S.R.L. (“NTE”)
Foton Power Energy
S.R.L. (“FPE”)
Table 5. ELSA’s associates
Source: Electrica
Associate
Activity
Sole
registration
code
Head Office
% shareholding
as at 31 December
2023
Crucea Power Park
S.R.L. (“CPP”)
Production of electricity
25242042
Constanta
40%
• 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.
Source: Electrica
services to third parties and various services to the companies in the group (car rental, building rental,
Merger by absorption within the Group:
etc.).
• Sunwind Energy S.R.L. („SWE”) is developing the photovoltaic project “Satu Mare 2” with a designed
the merger by absorption between Societatea Energetica Electrica SA (“ELSA”), Societatea Electrica
installed capacity of 27 MW, located near Satu Mare and became subsidy on 21 March 2022 as a result of
Productie Energie SA (“EPE”), Electrica Energie Verde 1 SRL (“EEV1”) and Green Energy Consultancy &
ELSA owning 60% of shares. On 24 March 2023, ELSA bought the remaining shares up to 100%;
Investments SRL (“GECI”) (together the “Companies”) and the participation of the Companies in the merger,
• New Trend Energy S.R.L. („NTE”) develops the photovoltaic project “Satu Mare 3”, with a designed
Energie Verde 1 SRL and Green Energy Consultancy & Investments SRL as absorbed companies, with the
capacity of 59 MW, located near Satu Mare and became subsidy on 27 May 2022 as a result of ELSA
effective date of the merger being 31 December 2023.
with Societatea Energetica Electrica SA as absorbing company, Electrica Productie Energie SA, Electrica
On 20 December 2023, the Extraordinary General Meeting of the Company’s Shareholders (EGMS) approved
owning 60% of shares.
• 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 and became subsidy on 31 July 2023 as a result of ELSA
owning 60% of shares.
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Table 6. Long term investments owned by ELSA
Company
Activity
CCP.RO
Bucharest S.A.
(„CCP.RO”)
Source: Electrica
Financial brokerage activities, exclusively
insurance activities and pension funds
(risk management through derivative
products on the energy market)
Sole
registration
code
Head Office
% shareholding
as at 31 December
2023
2.2 Key elements of the 2024 – 2030 Corporate Strategy
The results of the Corporate Strategy for 2019-2023 were the starting point for the analyzes and debates
necessary to develop the Corporate Strategy for 2024-2030. The Board of Directors approved the new
strategic directions and objectives, the document being available on the company’s website in the section
17777754
Bucuresti
7.72%
Investors > Strategy overview > Key elements of Electrica Group’s Strategy for 2024-2030 – document
• 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. Following the completion
of the share capital increase process approved by the EGMS of the Company on 29 May 2023, in which
ELSA did not participate, ELSA’s holding in the share capital of CCP.RO was reduced to 7.72% as of 18
August 2023..
Electrica Group Structure at the Date of this Report
Distributie Energie
Electrica Romania S.A.
(cid:23)(cid:21)
(cid:31)(cid:31)(cid:30)(cid:31)(cid:31)(cid:29)(cid:28)
Distribution Operator
(cid:27)(cid:26)(cid:26)(cid:29)(cid:28)
Sunwind Energy SRL
Photovoltaic project
development company - 27 MW
Electrica Furnizare S.A.
(cid:23)(cid:21)
(cid:31)(cid:31)(cid:30)(cid:31)(cid:31)(cid:29)(cid:28)
New Trend Energy SRL
(cid:25)(cid:26)(cid:29)(cid:28)
serv
(cid:27)(cid:21)
FISE Electrica Serv S.A.
(cid:23)(cid:21)
(cid:31)(cid:31)(cid:30)(cid:31)(cid:31)(cid:29)(cid:28)
Foton Power Energy SRL
(cid:25)(cid:26)(cid:29)(cid:28)
CCP.RO Bucharest S.A.
(cid:24)(cid:30)(cid:24)(cid:23)(cid:29)(cid:28)
Crucea Power Park SRL
(cid:22)(cid:26)(cid:29)(cid:28)
1) Filiala de intretinere si Servicii Energetice
2) The existence of additional shareholders was imposed by the provisions of Art. 10, paragraph (3) of the
Law no. 31/1990 regarding the companies.
published on December 22, 2023.
The main strategic directions assumed are:
• Contribution to a green economy transition
• Promoting network security and business sustainability
• Accelerating the digital transition in the Group’s operations. By adopting strategic directions, aligned
with those at national and European level, Electrica Group could play an important role in transforming
the energy sector, contributing to a new era of energy that is sustainable, efficient and environmentally
friendly.
Governance and investor relations remain in focus for the Group, pursuing continuous improvement and
implementation of best practices in corporate governance and investor relations.
The general objectives proposed within the corporate strategy cover all Group operations and constitute
the response adapted to new trends and market requirements:
– 1. Diversification of renewable energy sources → Active contribution to large-scale projects to
increase the share of renewable energy sources in the national energy mix through significant
investments in the development and implementation of renewable energy technologies, such as
solar, wind, CCGT and hydrogen potential, including energy storage solutions.
– 2. Implementing ESG in business models → Implementing a comprehensive governance framework
for stakeholder engagement, while promoting sustainable practices across the Group, actively
participating in initiatives aimed at reducing greenhouse gas emissions and combating climate
change, investing in training programs and education to ensure a workforce prepared for the
new requirements of the energy sector, awareness and education initiatives for communities and
customers on the benefits and importance of sustainable energy.
– 3. Sustainable electrification and modern infrastructure → Investment in automation and
development of smart grids for efficient grid management and smart energy distribution, as well
as to support the transition to renewables, promoting sustainable mobility through investments in
charging infrastructure for electric vehicles.
– 4. Energy efficiency and customer solutions → Implementing extensive energy efficiency programs
in the Group’s operations and integrating digital technologies for optimizing and efficiently
monitoring energy consumption, integrating innovative services, customized energy solutions and
educational programs for customers in order to reduce energy consumption.
– 5. Digitalization and innovation → Automating business processes and integrating them on
interconnected platforms to increase operational efficiency, develop virtual communication
channels to improve customer experience, support innovative initiatives and develop strategic
partnerships with other companies and organizations to share expertise and collaborate on
innovative projects that contribute to the modernization of the organization and the transformation
of the energy sector.
2023 DIRECTORS’ REPORT2023 DIRECTORS’ REPORT2023 ELECTRICA ANNUAL REPORT2023 ELECTRICA ANNUAL REPORTPhotovoltaic project development company - 59 MWPhotovoltaic project development company - 77 MWElectricity and natural gassupply companyEnergy services companyWind project development company - 121 MW60
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In addition to traditional areas of interest, namely
embraces diversity, we remain committed
term strategy. Thus, in the Distribution segment,
Within the strategy there is a strong focus on the
electricity distribution, electricity and natural gas
to creating the most equitable and inclusive
we aim to develop smart grids and increase their
implementation of ESG (Environmental, Social,
supply and energy services, there is a high interest
workplaces, advancing diversity representation at
flexibility to meet the needs of consumers and
Governance) principles and the development of
in developing new activities based on innovative
every level of the organization.
to integrate electric vehicles. We aim to increase
organisational excellence programmes. In view of
technology, while continuing to monitor and
network security, accelerate the digitisation process
the geopolitical crisis in 2022, which has led to a
analyze growth opportunities through mergers or
By translating general strategic objectives into
and improve business resilience to face future
steep rise in energy prices, we are also focusing on
acquisitions. It also aims at a closer relationship
objectives and plans of specific initiatives, at the
market challenges.
streamlining operational costs and securing funding
with customers, based on skills development, but
level of each Subsidiary, the organization adapts
sources for future investments.
also on an offer of products and services in line with
to market conditions, customer expectations and
As a result of the implementation, as of 1 January
their needs.
the rapid pace of technology so as to deliver value
2022, of the new unified target organization
Ultimately, our strategy is a response to changes in
Also, an important role will be played by optimizing
consistently.
chart, whereby all structures in the area of
the energy sector and market needs, and the need
strategic activities (asset management, energy
for continuous adaptation and innovation remains
IT&C support functions and aligning with industry-
Distribution segment
management, integration program management,
at the heart of our actions.
specific trends and solutions. In this context, beyond
IT&C, strategic project management), financial
the digitization of processes and their integration
In the Distribution segment, the organizational
and support activities have been brought together
Establishing a predictable and incentivising
into IT platforms, the development of smart grids,
transformation process initiated in 2017 was
under a single coordination at the level of the
regulatory framework for the fifth regulatory
the integration of smart meters into the rhythm
consolidated by the legal merger of the three
company resulting from the merger - Distributie
period will boost investment in the modernisation,
of their implementation plan, support for the
Distribution Operators of the Group in 2020, under
Energie Electrica Romania SA (DEER), in the coming
automation and digitalisation of distribution
operationalization of prosumers, etc. are foreseen
the umbrella of Distributie Energie Electrica Romania
years will continue the process of adaptation
networks to meet the requirements of a sustainable
in the distribution area. In the supply area, the
SA (DEER). The post legal merger integration
and continuous improvement of processes and
energy infrastructure.
development of a customer-friendly interface, the
facilitated the adaptation and improvement of
supporting technology, as defined by the approved
automation of contracting, reporting and invoicing
processes and technology according to the new
Strategy for the distribution segment. As a result
To finance investments in the Distribution segment,
processes and data exchange with all distributors
strategy (horizon 2019-2023) and the program of
of the implementation of the organisational
investment financing mechanisms will be optimised,
in Romania are critical elements supported by IT&C
measures related to the integration.
transformation plan as of 1 February 2023, a number
using both own sources and European funding
in order to ensure strategic advantages for the
Group’s business segments.
The current strategy, approved last December,
is based on three main pillars: sustainable
– simplification and structuring of the
upgrading networks and transforming them into
decision-making chain by branches of
smart grids, which will be reflected both in improved
of strategic objectives have been pursued, such as:
programmes, which provide opportunities for
The corporate governance framework continues
growth of the company’s value, transformation
activity;
network resilience and increased operational
to improve, closely following the Corporate
and sustainability through the implementation
– specialisation and professionalisation of
efficiency.
Governance Action Plan established with the EBRD
of ESG principles and organisational excellence
since 2014. It was approved the establishment of the
programmes, and efficiency through increased
human resources in key activities;
– reducing the NL by creating a well-
Climate Governance and Public Policy Committee
network security, digitalisation and improved
structured organisational branch so
Supply segment
in order to prepare the necessary framework for
business resilience.
implementing initiatives that contribute to achieving
that there are no decision-making or
operational bottlenecks;
In 2023, the company carried on the strategy from
the EU’s objective of zero greenhouse gas emissions
The long-term strategy is designed to position us at
– corporate cultural transformation of
the previous year, focusing on securing its portfolio
by 2050 and ensuring the long-term resilience of
the forefront of the national energy transition and
the organisation, focused on efficiency
of customers by developing specific measures
the companies within the Group, in light of potential
contribute to achieving our 2030 and 2050 targets,
and performance, ensuring business
to increase client satisfaction. Also, traditional
structural changes in the business environment,
not only responding to today’s challenges but also
sustainability;
electricity supply offer was enlarged with combined
arising from climate change.
anticipating the future of the energy sector.
– retention of highly skilled workforce;
electricity - gas and value-added services
– human resources concentration,
packages.
From a process-oriented culture to a results-
Strategic objectives at Group level include
development and specialisation;
oriented and customer-centered culture, through
diversifying renewable energy sources, with a focus
– accelerating the adoption of best practices
In 2023, EFSA continued the implementation of
leadership and improving employee satisfaction,
on generation and storage, to contribute to the
and new technologies, bringing increased
measures settled in order to transform the company
we aim to realign the culture with the vision, mission
transition to a green economy and to offer a variety
transparency and reduced monitoring
into an organization capable of successfully
and core values of the organization to achieve the
of services such as energy efficiency solutions and
costs;
responding to current and future challenges of
strategic objectives proposed in the horizon 2024-
exploring regional growth opportunities.
– increasing financial and operational
energy market, including improving the financial
2030.
performance and keeping within ANRE
situation, improving NPS, defining a competitive
We are dedicated to cultivating a culture that
situations, adaptability is a key element of the long-
Considering the market context and unpredictable
regulated costs.
commercial program, improving positioning and
transforming the organization into a flexible and
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agile one.
costs;
Therefore, during 2023, evaluations will be continued
for the construction of photovoltaic power plant
at each organizational entity level with the aim of
assembly works;
• creation of a structure of qualified personnel
identifying new measures necessary to improve the
activity.
Also, as part of priority measures for upgrading and
adjustment of internal IT systems during 2023, SAP
ISU implementation project was carried out with
January 2024 as deadline for migration to the new
system.
Ethics remains a priority for the organization, as
a preliminary requirement for the sustainable
development of the Electrica Group. On medium
term, it is desired the development of an ethics
2.3 Outlook
During 2019-2023, the global energy industry
support, tax incentives and gas saving and storage
has undergone significant transformations, and
initiatives, some of which were also adopted in
Romania has been directly affected by changes
Romania. The REPowerEU plan, introduced in May
at European and national level. One of the most
2022, aimed to reduce dependence on fossil fuels
notable developments has been the shift towards
in Russia and included increasing the target for
sustainable energy sources, with increasing
renewables to 45% by 2030.
culture within Electrica Group, by moving from the
investment in renewable energies such as solar,
reactive stage to the integrity stage, by internalizing
wind, hydro and geothermal. In the European
In the Romanian context, adapting to the energy
the ethical standards and the values of the
context, this change has been supported by policies
crisis and transforming the electricity market
organization, understanding the ethics role as a
and regulations adopted to promote the sustainable
involves sustained efforts to increase the production
value enhancing factor and providing a permanent
development of the energy sector.
capacities of net-zero emission technologies and
Services segment
internal control system which involves the entire
company’s personnel.
Nationally, this transition has been reflected in
essential to assess the impact of proposed reforms
increased investment in renewable energy projects
to ensure that they are efficient and appropriate for
ensure the flexibility of the electricity system. It is
The main development directions of SERV branch for
the next period are:
• further development of projects for the
implementation of new activities: design and
installation of B2B/B2C photovoltaic power
plants, reactive energy compensation, power
supply stations, smart metering solutions;
• expansion of Electrica Serv’s activity on
the services market outside the Group and
consolidation of the business lines for the new
activities identified, simultaneously with the
improvement of the already existing activities
for which the company has accumulated
experience;
• the efficiency of maintenance and repair works
for electricity distribution and transmission
installations and investment works in the energy
sector, with priority being given to compliance
with the conditions imposed so that the result
leads to “zero penalties”;
• providing preventive and corrective
maintenance services leading to safe and
efficient electricity supply to consumers;
• significantly improve asset management, by
leasing or selling “non-essential”/”non-core”
assets;
• optimising the real estate portfolio by selling
intra-group assets;
• re-alignment of the operational staffing
structure and reprioritisation of business lines;
• reduction of administrative overheads,
production costs, material, services and labour
The CSR (Corporate Social Responsibility) activites
such as wind farms and solar farms. The Romanian
Romania’s specific energy mix.
still remain very important for the Electrica Group,
government has encouraged this development by
with multiple key areas being supported, with
introducing support policies for renewable energies
As Romanian consumers become more aware of
hundreds of projects registered annually to benefit
and measures to improve energy efficiency. In
rising energy prices, the retail sector (retail sale
from Electrica’s support.
addition, technological and digital advances
of energy) is facing significant transformations.
have been integrated into industry, and the
Energy suppliers should support consumers in their
Also, an important role will be played by the
implementation of artificial intelligence, Internet
energy transitions by providing solutions for energy
optimization of the IT&C support functions, they will
of Things (IoT) and energy storage solutions have
efficiency, consumption management and access
have an increasingly important role for the base
business lines; IT&C takes over the responsibility
of capitalizing on the synergies, but also of
supporting the specific competencies that offer
become increasingly important in optimizing energy
to affordable energy. Taking a more sustainable
production, distribution and consumption processes
approach and diversifying the offer of products
nationwide.
and services becomes essential to respond to new
energy market challenges in the specific national
strategic advantages to the business units. In this
Since September 2021, Romania has also felt the
context.
context, beyond the processes’ digitization and
their integration in IT platforms, the development
impact of extremely high prices and significant
volatility on European electricity markets, a
Electrica Group operates in a key economic sector
of smart grids, the smart meters’ integration in the
phenomenon generated mainly by high natural gas
and therefore is closely monitoring both the national
rhythm of their implementation plan, support for the
costs. This situation has contributed to an energy
and the international context, in order to make
operationalization of prosumers etc. are provided
crisis in Europe, and Russia’s involvement in using
the best decisions in the following period and for
in the distribution area. In the supply area, the
natural gas for political purposes has increased
addressing the challenges on the short and medium
development of a customer-friendly interface, the
pressure. As a result, Romania has intensified its
term.
automation of contracting, reporting, and invoicing
efforts to become energy independent and develop
processes and data exchange with all Romanian
its own production capacities, in order to reduce
The current strategy of the Electrica Group is
distributors are critical elements supported by IT&C
dependence on resources from Russia.
built on a set of trends and assumptions, and the
it is an activator of competitive advantages.
acceleration of digitization and the implementation
In October 2022, the European Commission
of Artificial Intelligence (AI) is one of its objectives.
presented a set of measures to address the
Thus, the already started efforts to support
impact of high energy prices by providing revenue
investments in IT tools and automation to increase
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efficiency, reduce costs and optimize operations
the field of energy, ANRE approved by ANRE
of buildings, lighting, electric appliances,
electricity market target model, which implies
through artificial intelligence will continue.
Order no. 129/2022 Methodological norms for
motor drives, heat pumps etc.);
the development of Europe’s internal electricity
Considering the energy policies developed at both
with the purchase of electricity to cover own
• The smart metering implementation will offer
with future trends and challenges in the energy
the recognition in tariffs of additional costs
market, will continue to evolve and be in line
EU and national level, as well as the international
technological consumption compared to the
complex tariffs options to the consumers,
industry;
context of the energy markets, the following trends
costs included in the regulated tariffs;
detailed information regarding the consumption
are expected to characterize on medium and long
profile, which might lead to increased flexibility
• Process optimization based on artificial
term the local electricity market:
• Regulation (EU) 2022/1854, regarding an
and demand reduction during peak periods.
intelligence;
• Competition between players on the electricity
emergency intervention to address the problem
Thus, the consumers shall be better informed
supply market in terms of diversifying the
of high energy prices, provides for a maximum
and involved in decision-making process,
• Using machine learning algorithms to optimize
portfolio of products offered to customers with
threshold of 180 Euro/MWh for solar, nuclear,
as active participants. The smart metering
production processes and minimize waste;
a focus on the value-added products offered
hydro, wind and lignite production, incomes
implementation pace depends on the
(especially energy efficiency) and digital
above this threshold will be collected by the
implementation calendar adopted at national
• Adopting similar AI strategies can optimize
services offered (mobile applications, invoices
state;
and online payments, expanding customer
level;
energy production, increase equipment reliability
and minimize operational expenses.
service through chat solutions);
• Electricity distributed generation technologies
• The development of the transmission and
will determine the distribution operators to
• In the electricity distribution area, the regulatory
adapt their processes and strategies regarding
trend is to provide remuneration to the
the upgrade and development of the network
distribution operator considering both the
and to offer solutions to the independent
quality of the service, as well as the operational
producers, considering the appearance of
costs and efficiency based on comparative
prosumers, which are active participants in
analysis between DSOs. An element that affects
the energy market; in this context, significant
and will continue to significantly affect the
investments are necessary in order to improve
profitability of distribution companies is the
both the transmission and the distribution
increase in the purchase price of NL, a situation
infrastructure. The high price of electricity
which was partially regulated by the entry into
in 2022 and the uncertainty of keeping the
force of: (i) Government Emergency Ordinance
electricity price cap in place has increased the
no. 118/2021 regarding the establishment of a
interest of consumers to produce part of their
compensation scheme for the consumption
energy independently, which has accelerated
of electricity and natural gas for the cold
the trend. The significant reduction in the cost
season 2021-2022, (ii)Government Emergency
of photovoltaic technologies represents a
Ordinance no. 27/2022 on the measures
development opportunity for smaller-scale
applicable to final customers in the electricity
generation projects, especially in the domestic
and natural gas market between 1 April 2022 and
area;
31 March 2023, as well as for the modification
and completion of some normative acts in the
• On the long term, full electric vehicles, light
energy field, (iii) EMERGENCY ORDINANCE no.
commercial vehicles and electrification
119/2022 for the amendment and completion
of railways are expected to increase the
of GEO no. 27/2022 regarding the measures
consumption of electricity in the transportation
applicable to end customers in the electricity
sector;
and natural gas market in the period 1 April 2022
- 31 March 2023, as well as for the modification
• Future development of technologies will support
and completion of some normative acts in the
energy efficiency policies such as:
field of energy, (iv) EMERGENCY ORDINANCE no.
153/2022 for the amendment and completion
of GEO no. 27/2022 and the amendment of GEO
no. 119/2022, as well as for the modification
and completion of some normative acts in
– Development of transmission and
distribution networks, including smart grid
and smart metering;
– End-use energy efficiency (thermal integrity
distribution infrastructure and long-distance
interconnection will become a necessity. The
Table 7. The key drivers of changes in the 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.
Also the evolution of the number/quantity of energy produced/injected by
consumers will determine differences between the trend in the amount of
energy distributed and the trend in GDP.
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 urbanization. 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
Russia’s invasion of Ukraine has massively disrupted Europe and global
energy markets, prompting the urgent need to identify a plan to stop the EU’s
dependence on imports of fossil fuels from Russia.
International
geopolitical
context
REPower EU is the EU’s response plan to this context, a plan for the period 2022-
2030. The REPower EU plan sets out a series of measures to rapidly reduce
energy and accelerate the green transition while increasing the resilience of
the EU energy system.
Electricity prices
The plan targets 4 areas: Saving, diversifying sources, accelerating the shift to
clean energy, investment and reform.
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Key drivers
Description
Impact on
Key drivers
Description
Impact on
The evolution of
the electricity
price in the
market
Energy is an indispensable resource for both the population and the economic
operators. Thus, the sharp increase in energy prices is reflected on the
dynamics of consumer prices, respectively on the generalized increase in
inflation rates.
The transactions concluded on the centralized platforms exceeded the
threshold of 2,500 RON/MWh for the AN product and 4,000 RON/MWh for the
short-term products related to the winter period, and on the DAM the weighted
average price doubled compared to the beginning of 2022. The distribution
operators purchase purchased energy for NL at a price four times higher than
the ex-ante approved price in the distribution tariffs. In the period 1 January
2023-31 March 2025, the mechanism for the centralized purchase of electricity
is established, and OPCOM is designated as the sole purchaser.
Electricity prices
and inflation
rate
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
Electricity prices
Increase in
environmental
awareness
Romania has adopted the strategy “Europe 2020” - program 20-20-20, aiming
to reduce greenhouse gas emissions, improve energy efficiency and raise the
share of renewable energy. Moreover, the 2030 Framework provides even more
ambitious targets and therefore more efforts are needed from governments
and market players to achieve them.
Renewable energy is the cheapest and cleanest energy available and can
be generated domestically, reducing our need for energy imports. Energy
efficiency and the use of renewable energy sources can enable industry to
reduce the impact of market evolution. Energy saving is the cheapest, safest
and cleanest way to reduce the repercussions of the trend in the energy
market. In addition to energy efficiency measures, individual actions have a
positive impact on energy bills (consumption and price level).
Electricity
prices and
consumption,
regulatory
framework
Changes in
regulatory
framework
The approved schemes to support customers in payment of electricity/
natural gas bills, with initial application between November 1, 2021 and March
31, 2022, through which price caps, compensations for household customers
and exemptions for SMEs were granted, later extended for the period April 1,
2022 - March 31, 2025, by which the prices applicable to final customers were
capped, assume ex post recovery of amounts related to these schemes by
suppliers, risking affecting supply activity in case of delays in settling the
amounts incurred by suppliers or of non-recovery in the situation where the
costs recorded in the balancing market exceed the purchase costs by more
than 5% or in the situation where the average purchase price exceeds the cap
of 1,300 RON/MWh/ or 900 RON/ MWh after the publication of Law approving
GEO 153/2022 in the Official Monitor.
Also, as a result of entering into force of the new Electricity and Natural Gas
Supply Activity Performance Standard, more demanding requirements are
applied regarding the quality of supply service and responsibility towards
customers, including through the obligation of automatic payment of
compensations to all customers categories, in case of non-compliance with
standard indicators.
Since 2020, the regulatory framework for connections has changed
repeatedly, the connection process being carried out successively on the
basis of the following ANRE Orders: ANRE Order no. 160/2020 amending and
supplementing the Regulation on the connection of users to the electricity
networks of public interest, approved by the Order of the President of the
National Energy Regulatory Authority no. 59/2013, ANRE Order no. 17/2021
approving the Procedure for the connection to the public interest electricity
networks of consumption sites belonging to non-household end-users through
connection installations with lengths up to 2 meters. 500 metres and household
customers, ANRE Order no. 18/2022 approving the Procedure for the connection
to the low voltage public interest electricity networks of consumption sites
belonging to household customers, ANRE Order no. 17/2022 amending and
supplementing the Regulation on the connection of users to the public interest
electricity networks, approved by the Order of the President of the National
Energy Regulatory Authority no. 59/2013, ANRE Order no. 19/2022 approving the
Procedure for the connection of consumption and production sites belonging
to prosumers to public interest electricity networks, ANRE Order no. 4/2023
amending and supplementing some orders of the President of the National
Energy Regulatory Authority in the field of connection of users to the public
interest electricity network.
In 2023, the free connection of irrigation equipment and appliances was
introduced for non-household customers with CAEN code 01 Agriculture,
hunting and related services and CAEN code 10 Food industry, for connection
installations with a length of less than 2.5 km, the financing of the network
difference exceeding 2.5 km is provided by non-household customers.
Also, as a result of the entry into force of the new Performance Standard for the
electricity distribution activity, more demanding requirements on the technical
quality of the distribution service and increased demands on the monitoring of
technical quality parameters are applied.
At the same time, the changes regarding prosumers such as: the rules
for selling electricity produced by prosumers, respectively quantitative
compensation for customers with installed power of up to 200 kW and financial
compensation for customers with installed power between 200 and 400
kW, generated a flow of new requests for this customer segment, but also
important changes to the invoicing IT system for this customer category.
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2.4 Key factors, directions and significant market trends
affecting the operational results of Electrica Group
The significant increase in renewable energy production will generate a surplus in certain hourly segments,
according to the production and consumption curve for the period 2022-2032. Although Romania’s energy
efficiency has decreased in recent years, our country has a significant potential to improve indicators in this
area.
In 2023, a series of challenges and opportunities of the electricity market have left their mark on the
Electrica group:
• Current distribution networks have an old infrastructure, with performance indicators (SAIDI, SAIFI) below
the European average. The Green Deal will put additional pressure on networks, with tens of billions of
euros of investment expected at European level;
• Network flexibility, achieved through storage, distributed generation aggregation and digitalised
planning with artificial intelligence, can significantly reduce costs, by more than EUR 29 bn. annually at
European level;
• Pressure on tariffs and competition in supply and generation markets require permanent cost control;
• ESG has become an essential component of the corporate agenda in response to stakeholder
electricity production from renewable sources (40% by 2030);
• The energy mix in Romania changes significantly in the medium and long term, mainly by increasing the
production capacity of electricity from renewable sources;
• “Democratization of energy” brings about important changes in the way electricity is transmitted and
distributed;
• The energy market will continue to register a production deficit both due to the accelerated growth
in demand (caused by the electrification of transport and, partially, heating systems) and due to the
environmental limitations to which energy production (European, regional, national) has committed;
• The supply segment experiences unpredictable developments, with very frequent changes in incident
legislation, which (at least so far) diminishes competition and relativizes any planning scenario;
• Geopolitical developments in the region will remain at their peak in 2022, but we do not exclude the
possibility of escalations;
• Financial markets will allow access to advantageous funding sources to support companies’ investment
programs, but companies’ involvement in ESG practices will play a role in the success of financing.
The IT&C activities within the group were reviewed and re-focused on the key areas of business support
in accordance with the Group Strategy. Subsequently, the structure and projects in the subsidiaries were
re-reviewed and accelerated to achieve the optimal level of support for electricity distribution and supply
activities, including automation projects, digitization, friendly and simplified interface with external and
internal customers. Emerging technologies, with an impact on the resilience of IT&C services, are constantly
evaluated and monitored in the Group and tested in pilot mode in Electrica SA.
Cyber Security:
expectations; ESG can be a source of increasing company value through staff engagement, reduced
• Impact: Increasing cyber threats to critical infrastructure in the energy sector can affect the operations
regulatory risks, lower capital costs and financing;
• Robust ESG strategy must cover topics that are holistically relevant and tailored to industry specificities;
• In order to fully capitalize on the opportunities offered by the energy transition, Electrica must go beyond
ESG statements and reporting and implement concrete initiatives with significant impact.
and security of networks and systems.
• Directions:
– Development and implementation of advanced cyber security measures, including protection
solutions against sophisticated attacks.
– Strengthening capabilities for monitoring and responding to cyber incidents.
Electrica has the potential to become a leader in Romania’s energy transition by implementing an
Digitization and Automationa:
ambitious strategy that takes into account the challenges and opportunities outlined above.
At the same time, digitization generates benefits on multiple levels:
but also introduce new risks and dependence on IT systems.
• Impact: The integration of digital technologies and the automation of processes can optimize efficiency,
• Improving customer value
• Cost reduction
• Efficiency
• New sources of income
• Reduced risks
• Directions:
– Implementing automation systems to improve the efficiency of operations and reduce human
error.
– Careful management of risks associated with increased reliance on digital technologies.
The end of 2023 meant the approval of a new corporate strategy, and the most important assumptions we
Directions and Trends:
looked at were the followinge:
• The European Union maintains targets for reducing greenhouse gas emissions from green energy
production;
• Romania’s GDP will have an upward and stable evolution in the medium term, even if some slowdown is
possible in the near period of industrial production;
• Romania will remain committed to achieving the objectives of the European Green Deal, focusing
on reducing greenhouse gas emissions (55% reduction compared to 1990 by 2030) and increasing
1. The Internet of Things (IoT) in Smart Energy:
• Impact: Increased connectivity through IoT can provide real-time data
• Trends:
– Expanding the use of IoT devices for monitoring and controlling energy infrastructure equipment.
– Implementing security protocols to protect IoT devices.
2. Predictive Analysis and Artificial Intelligence:
• Impact: The use of predictive analytics and artificial intelligence (AI) can improve decision-making and
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optimize operations but requires the management of sensitive data..
power consumption from the station or for the development of electricity storage facilities and the way to
• Trends:
integrate flexibility services.
– Integrating AI solutions to effectively anticipate and manage energy demand.
– Using machine learning algorithms to identify and prevent security incidents.
3. Smart Grids and Microgridd:
• Impact: The development of smart grids and microgrids can improve the distribution and efficient use
of energy.
• Trends:
– Implementation of automation technologies in smart grids to improve energy flow management.
– Focus on cyber security to protect communications and control in smart grids.
4. Blockchainin Energy:
• Impact: Blockchain technology can ensure transparency, safety and efficient management of energy
transactions.
• Trends:
– Development of blockchain solutions to facilitate decentralized energy transactions.
– Using blockchain to ensure the authenticity and integrity of energy data.
5. Green Energy and Sustainable Technology:
• Impact:Integration of renewable energy sources can optimize energy distribution and consumption.
• Trends:
– Expansion of energy storage capacities to handle fluctuations generated by renewable sources.
– Use of sustainable technologies to reduce the carbon footprint of the IT infrastructure.
These directions and trends reflect the continued evolution of technology and its impact on the energy
sector, highlighting the need for an integrated approach that takes into account both the advantages and
challenges associated with emerging technologies.
In the distribution segment, the focus is on operational efficiency, by reducing technological and
commercial losses, optimizing internal processes, ensuring an optimal level of resources used, on user
orientation and ensuring their satisfaction, by improving the network access and the quality of service, on
development of smart grid technologies and cost recovery. Increasing the operational performance will
lead to a positive impact on the users’ experience, ensuring continuous supply security, at high quality
and high standard interactions with our staff. In parallel, exploiting the significant optimization potential
and reducing losses by streamlining the distribution operators’ activities are key factors in the optimal
allocation of resources, so important in this regulatory period.
The year 2024 was approved by ANRE as the transition period towards the fifth regulatory period, the DEER
distribution tariffs for the year 2024 are transitory and established on the basis of a single income, the NL
target being unique for the total DEER. In the year 2024 distribution operators will submit to ANRE approval
the data for substantiating the projection of revenues and profitability for the fifth regulatory period 2025-
2029.
The supply segment will focus on diversifying its activity through offers and services adapted to customer
needs, on operational efficiency through optimized electricity sales and purchase processes, and on
orientation towards customers and maximization of their satisfaction. The goal is to increase the supply
segment, offer value-added solutions (products and services) and digitize specific operations and
processes.
Taking into consideration that other factors that are not available at the date of this report (e.g. regulations
and legislation being amended) or that have not been presented above, or that have not been taken into
account by the Group, may occur and can have a significant impact on Group’s strategy implementation
and evolution.
The regulatory framework has undergone significant changes over the last decade, including liberalisation
of electricity and gas markets, unbundling of supply and distribution activities, implementation of the
support scheme for renewable energy, support for electricity prosumers and end-customer price caps.
In 2023, the electricity market was completely liberalized for all customer categories and the price was set
by suppliers through free market mechanisms, both for universal service offers and for offers related to
competitive market, in compliance with price capping invoicing rules.
Regarding electricity and natural gas last-resort supply, a monthly rotation system was introduced for the
Supplier of Last Resort nomination, which automatically takes over customers from all areas of the country.
For this purpose, the Suppliers of Last Resort list is established according to the market share, each Supplier
of Last Resort in the list being nominated by turn, monthly, to automatically take over the customers with
no supplier. Thus, in 2023, EFSA was the nominated Supplier of Last Resort for electricity in May and October,
and for natural gas in April and November 2023.
ANRE’ s development of the online platform for changing electricity and natural gas supplier (OPCS) helps
energy market in Romania to achieve the objective provided by the European legislation regarding the
change of supplier in 24 hours, starting with 2026.
Regarding the legislation related to prosumers, the change of electric power installed level in power plants
from renewable energy sources belonging to prosumers, from 100 kW to 400 kW per place of consumption
and the introduction of quantitative compensation led to an increase in the number of prosumers, which
One of the main factors influencing the strategic decisions for the Distribution area is represented by the
led to an increase of 185% in 2023 compared to 2022.
trend of energy market prices which negatively impacts in a significant way the cost of energy acquisition
for network losses, with a significant negative impact over profitability if the method of capitalizing on
the additional costs of the procurement of electricity for the NL or the mechanism for the centralized
Just as importantly, in 2023 the New Regulation for Electricity Supply to Final Customers entered into force,
approved by ANRE Order no. 5/2023, which triggered various innovations that had to be implemented in the
procurement by OPCOM of energy for the NL does not lead to the improvement of the results.
electricity supply activity.
An important factor is the alignment of strategic decisions with the 10-year development plan which
was developed by DEER to be approved by ANRE, after public consultation with all stakeholders, and
that includes both investment works for the production of energy from renewable sources for NL and the
As part of price increase on electricity and natural gas markets at international and national level, as well
as the effects caused by these increases for the Romania’ s population, a series of support schemes for
electricity/natural gas customers are to apply, through the effect of GEO no. 27/2022 with the respective
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changes and additions. Considering the implementation method of these schemes and the settlement
• Acceleration and optimization of the implemented digitization and development of synergies
mechanism of amounts granted as support to clients, ex post from the state budget to electricity suppliers,
within national supplier change platform, by adapting and homogenizing processes to optimize the
they are generating constraints in terms of cash flow, and uncertainties regarding the full recovery of the
relationship with clients;
respective amounts by suppliers.
• Adapting to internal context created by liberalization of energy prices, as well as to the international one
In this context, EFSA has adapted its medium and long-term strategy in order to manage the impact of
• Support measures granted to both household consumers and non-households;
these measures on company’s activities in a responsible and sustainable manner in the situation of a
• Maximizing the results obtained following the development of partnership relations in the dynamic
regulatory framework that has seen numerous successive and high-impact changes in the recent period.
context created by liberalization.
causing supply fluctuations;
The evolution of acquisition costs
2023 was characterized by an extremely low liquidity on gross market generated by the implementation at
the end of 2022 of some measures in order to reduce electricity and natural gas price, GEO 27, GEO 119 and
GEO 153, respectively.
New regulations were introduced, as follows:
• The introduction of Centralized Electricity Purchase Mechanism (CEPM);
• Capping the selling price on retail market for certain categories of end customers;
• Mechanisms for recognizing the cost of acquisition achieved;
• Overtaxing producers/traders on income obtained from the sale of electricity, if the average price
exceeds 450 RON/MWh;
• Limiting the profit from the wholesale of energy and natural gas to 2%, the difference set to be paid to
the energy transition fund;
• Limiting electricity exports;
• Establishing the maximum value of the acquisition price recognized by suppliers, for energy billed to
capped customers.
The average trading price of energy in the Day Ahead Market, in 2023, recorded a decrease of
approximately 61% from 1,306.61 RON/MWh average price recorded in 2022 to 510.63 RON/MWh.
Over-taxation of the income obtained from energy sold by producers/traders as well as the obligation of
large producers to sell the energy produced exclusively through CEPM resulted in a reduced number of
transactions on the gross market.
For natural gas, the transaction price on the spot market decreased in 2023 by approximately 65.5%
compared to the transaction price achieved in 2022, from 574.4 RON/MWh to 198.3 RON/MWh
Under these circumstances, the market low liquidity as a result of Centralized Electricity Purchase
Mechanism introduction, the unpredictability created by the legislative framework as well as the limitations
established by the government regarding the acquisition/sale prices of electricity and natural gas, it is
difficult to forecast the evolution of wholesale electricity and natural gas market in 2024. In absence of
major investments in new production and storage capacities but also of maintaining a reduced demand
from consumers, it is estimated that prices will stabilize and be maintained at a level similar to those
achieved in 2023.
The impact on customers
The impact on clients in the dynamic domestic and international context:
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3. ELECTRICA ON THE
CAPITAL MARKETS
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3.1 Ownership structure
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 31 December 2023, the ownership structure according to the records of Depozitarul Central (the
Romanian Central Depository) is presented below.
Table 8. Ownership structure
Shareholder
Number of
shares
Stake held
(% of the share
capital)
Percent of
voting rights (%)
ELSA the right to receive dividends.
Figure 24: Ownership structure as of 31 March 2024
. 7 0 %
7
N I A 3
A
M
O
R
THER LE G
O
E R S O NS 40.57%
L P
A
R
O
M
ANIAN STA T E 4 8 . 7
7 %
S 4 . 9
C
O
O
T
U
H
2
.
N
E
T
R
8
7
R
I
E
%
S
N
O
S
R
E
L P
A
U
D I V I D
I N
B E R D ( U K ) 3 . 0 1 %
ELECTRICA S.A 1.99%
BNY MELLON DRS (LSE) 0.58%
Shareholder
No. of Shares
Percentage of
share capital (%)
Percentage of
shares with
voting right (%)
%
9
Romanian State through the Ministry of Energy
169.046.299
48.7948%
49.7850%
European Bank for Reconstruction and Development (EBRD)
10.423.457
3.0087%
3.0698%
Electrica
6.890.593
1.9890%
0%
Bank of New York Mellon - GDRs
2.010.808
0.5804%
0.5922%
Other legal persons
Individual persons
Total
140.547.720
40.5687%
41.3920%
17.524.720
5.0585%
5.1611%
346.443.597
100.00%
100.00%
The Romanian State, through the Ministry
Energy, Bucharest, Romania
169,046,299
48.7948%
49.7850%
Source: Depozitarul Central, Electrica
The European Bank for Reconstruction and
17,355,272
5.0096%
5.1112%
Development
Electrica SA
6,890,593
1.9890%
-
BNY MELLON DRS, New York, USA
2,060,808
0.5948%
0.6069%
Other legal entities*
131,281,205
37.8940%
38.6629%
At 31 March 2024, ELSA’s shares were owned by a total of 13,637 shareholders, of which 252 legal entities
and 13,385 individuals from 30 countries. 93.49% of the total number of shares (323,901,544 shares) were
owned by investors with residence in Romania. Thus, foreign shareholders held 6.51% of the share capital
(22,542,053 shares), the largest weight being represented by European citizens. Shareholders in the United
Kingdom and Ireland held 3.38% of share capital, while those in the USA held 2.05%, in this category being
included also the GDRs holders.
19,809,420
5.7179%
5.8340%
3.2 Shares evolution on BSE and Global depository receipts
Individuals
TOTAL
Source: Depozitarul Central, 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
346,443,597
100.0000%
100.0000%
(GDRs) evolution on LSE
3.2.1 BSE shares:
ELSA’s shares are included in several BSE indices, including the BET index (the reference index for the
Romanian capital market reflecting the performance of the most traded companies on the BSE’s regulated
market), as well as in the BET-NG index (the sectorial index that reflects the evolution of the companies
The shares presented to be held by the Bank of New York Mellon represent the global depositary receipts
listed on BSE’s regulated market having as main activity energy and related utilities).
(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
Between 4 July 2014 - 31 December 2023, ELSA’s shares recorded a minimum price of RON 6.10 (29
securities.
September 2022) and a maximum price of RON 14.96 (12 May 2017), therefore the weighted average price
was RON 11.5.
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
The gross dividends per share granted by ELSA in this period reached a cumulative value of RON 5.7995.
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Thus, the aggregate yield generated by ELSA’s shares (along with dividends) from the IPO and until the end
Table 9. BSE Shares and Global Depositary Receipts (GDRs) on LSE
of 2022 was 57.08%, of which 4.36% from share evolution and +52.72% from dividend yield.
From the IPO dated 4 July 2014 until the end of 2021, ELSA shares attracted a RON 4.317 bn. liquidity on BSE,
with a daily average of RON 1.79 mn. During this period of about 9.5 years, 375.42 mn ELSA shares have been
traded (including DEAL transactions), representing 108.4% of the share capital and 110.6% of the voting rights
(total shares without ELSA’s own shares). Thus, the average daily turnover during this period on BSE was of
156,099 shares.
The gross dividend per share granted by ELSA in 2023 (for 2022) was RON 0.1178, below those granted in the
previous years, with a yield of 1.4% (computed at the ex-date closing price of RON 8.57 from 30 May 2023).
During 2023, ELSA shares attracted a liquidity of RON 247.1 mn. on BSE, with a daily average of RON 1 mn.,
increasing by 71% compared to 2022, the 10th in top trading data on BSE. The volume of shares traded was
26 mn, increasing by 50% compared to 2022, so the daily average volume was 105,060 shares. The total
volume of shares traded in 2023 accounted for 7.5% of the share capital.
In order to support the liquidity of its listed shares, ELSA concluded at the end of 2022 two Market Making
services for Issuer agreements, with SSIF BRK Financial Group S.A. and WOOD & Company Financial Services,
a.s. Praga, for two years, starting 1 January 2023, with the main purpose of accessing the FTSE Russell
international indices.
Thus, in 2023, Electrica shares met the liquidity criteria according to FTSE Russell methodology, respectively
they recorded a median monthly volume above the minimum threshold of 76,576 shares (0.05% of free-
float) in 10 months out of the 12 of the year, and therefore, considering that the capitalization criteria was
easily met, Electrica met all the conditions, according to internal calculations, for accessing the FTSE Russell
Indices series.
The official announcement regarding the inclusion of Electrica shares in the FTSE Russell Indices was made
on 27 February 2024, and the official inclusion in the FTSE Russell indices to take place at the meeting of 18
March 2024. A statement in this regard was issued by Electrica on 28 February 2023 (https://www.electrica.
ro/wp-content/uploads/2024/02/ELSA_EN_Announcement_Inclusion-in-FTSE-Russell-indexes_28Feb2024_
LSE.pdf).
3.2.2 Global Depositary Receipts (GDRs) on the LSE
The GDRs’ weight in ELSA’s total share capital diminished during the period following the Initial Public
Offering, reaching a level of 0.59% at the end of 2023, compared to 10.17% at 4 July 2014.
The maximum price reached by the GDRs was USD 15.3, in September 2014 and the minimum price was USD
5.25 on 9 November 2022. Subsequently, the GDRs’ price followed a fluctuating trend. During 2023 the trend
was a upward, ending 2023 at a price of USD 9.90, increasing by 68% compared to the end of 2022 (USD
5.90).
Indicator
4 Jul 2014 -
31 Dec 2023
2023
2022
Variation
2023 vs 2022
Bucharest Stock Exchange
Total liquidity (RON)
Average daily liquidity (RON)
Turnover (no. shares)
4,316,702,362
247,111,195
144,828,599
-33.33%
1,794,884
996,416
574,717
-33.33%
375,417,612
26,054,922
17,327,927
-1.8%
Average daily turnover (no. shares)
156,099
105,060
68,762
-1.8%
Market cap. - end of period (RON)
3,977,172,493
3,977,172,493
2,802,728,700
-19.4%
Minimum price (RON)
Maximum price (RON)
Average price (RON)
6.10
8.01
6.10
-37.8%
14.96
11.56
11.02
-21.8%
11.50
9.48
8.36
-32.1%
Price at the end of period (RON)
11.48
11.48
8.09
-19.4%
ELSA Share price performance (%)
4.36%
41.9%
-19.4%
BET performance (%)
BET-NG performance (%)
Dividend(s)
ELSA’s Dividend(s) yield1 (%)
BET-TR Dividend(s) yield 1 (%)
-
-
-
119.1%
31.8%
-10.70%
58.8%
31.4%
-4.98%
5.7995
0.1178
0.45
-38.4%
52.72%
1.46%
4.48%
-22.9%
129.80%
8.15%
8.85%
30.1%
ELSA’s Adjusted price performance (%)2
25.20%
43.36%
-14.94%
BET-TR performance (%)
314.4%
39.9%
-1.85%
-
-
ELSA’s GDRs liquidity (USD)
162,825,743
229,723
427,357
-3.7%
London Stock Exchange
In the period since the IPO and until the end of 2023, 12.71 mn. GDRs have been traded, out of which 28,787
GDRs in 2023, dropping by 48% compared to 2022 (55,452).
ELSA’s GDRs turnover (no. of GDRs)
12,710,816
28,787
55,452
54.6%
A summary of the previous mentioned aspects is found in following table.
GDRs price performance (%)
Sursa: BVB, Electrica
-27.5%
67.8%
-34.44%
-
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Figure 25: Evolution of the adjusted closing price of ELSA’s shares vs BET-TR index during
were exceeded, 10 RON (nominal value) and 11 RON (IPO price), unreached for about 2 years.
2023 and January 2024
EL: +66.10%
BET-TR: +55.72%
43.36
39.93
3.00
ia n.- 2 3
fe b.-2 3
a r.- 2 3
m
a p r.- 2 3
ai-2 3
m
iu n.-2 3
iul.-2 3
a u g.-2 3
s e p t.- 2 3
o ct.-2 3
n o v.- 2 3
d e c.-2 3
ia n.- 2 4
fe b.-2 4
a r.- 2 4
m
Sursa: BVB, Electrica
BET-TR
Electrica adjusted price with dividends
1 Computed at the previous periods’ last day close price (for comparability)
2 Computed together with dividend(s) granted during the analyzed period
66.10
70.00
60.00
50.00
55.72
40.00
30.00
20.00
10.00
0.00
During 2023, the price of Electrica’s shares gradually recovered from the ground lost in 2022, benefiting both
from the favorable market context - which recorded an impressive yield -, as well as from the financial
results that continue to consolidate, on the background of the stabilization of prices on the energy market
and of MACEE implementation. Two more delicate moments occurred, one in June, on the basis of the
launch of the Public Offer of Hidroelectrica, an event that shifted the attention of many players from trading
certain shares, including Electrica, and another in October, when the market reached an annual minimum
of interest investors, on the background of the uncertainties related to the key interest rate of several
central banks, the discussions regarding the future fiscal measures in the foundation of the budget for 2024,
etc., these two months being the only ones in which the Electrica shares did not meet the liquidity criteria
according to the FTSE Russell methodology.
Thus, if in the first five months of 2023 Electrica shares recorded an aggregate return above the market
(BET-TR), from June to November, although they continued to have a consistent appreciation of 20%-30%,
this was below that of the market, the gap with the market increasing in October to around 10 percentage
points, and in November to 15 percentage points.
The month of December came instead with an impressive interest of investors for Electrica shares, being
almost the best month in the history of Electrica on the BSE: 1) the highest monthly return was recorded, over
17%, which contributed to the doubling of the aggregate return since the beginning of the year, from 22.35%
(at the end of November) to 43.36% (at the end of December); 2) Electrica shares recovered the entire gap
of 15 percentage points compared to the market (BET-TR) existing at the end of November, managing to
close even above the market, with 3.4 percentage points (43.36% vs 39.93% - see the previous graph); 3)
have met the liquidity criteria according to FTSE Russell for the 10th month out of the 12 of the year, which is
equivalent to meeting all the conditions for entering the FTSE Russell indices in 2024; 4) the highest turnover
of Electrica shares in the last 3.5 years was recorded, over 5.93 mn. shares; 5) two psychological thresholds
Figure 26: Monthly trading volume and weighted average monthly closing price of shares on BSE (in RON)
and GDRs on LSE (in USD) during 2023 and January 2024
14,000,000
12,000,000
10,000,000
8,000,000
6,000,000
4,000,000
8.44
7.00
2,000,000
1,429,127
2,477,762
1,812,392
1,145,678
2,771,782
1,640,284
1,901,038
1,153,818
889,958
837,703
5,929,147
4,066,233
4,407,763
3,134,591
4,000
14,588
0
0
40
496
15,104
13,760
0
0
51,280
15,880
12,400
1,000
35,224
-
ia n.- 2 3
fe b.-2 3
a r.- 2 3
m
a p r.- 2 3
ai-2 3
m
iu n.-2 3
iul.-2 3
a u g.-2 3
s e p t.- 2 3
o ct.-2 3
n o v.- 2 3
d e c.-2 3
ia n.- 2 4
fe b.-2 4
a r.- 2 4
m
BSE - Shares - Mo nthly volume
LSE - GDRs - Monthly volume (shares equ iv.)
BSE - Shares - Average monthly clos in g price (RON)
LSE - GDRs - Average monthly clos ing price (USD)
Source: BSE, LSE, Electrica
12.41
12.00
11,603,624
10.54
10.00
8.00
6.00
4.00
2.00
-
3.3 Investor relations (IR)
Electrica’s management understands that, as
any investor to be accurately and comprehensively
a listed company, efficient and transparent
informed can be found on the company’s website, in
communication with investors is essential to gain
the Investors section.
and maintain their trust, thus contributing to the
company’s long-term success on the financial
In 2023, with the participation of the entire executive
market. During 2023, as every year since the listing
management team of the Electrica Group, four
in 2014, the management was actively involved in
teleconferences were organized to present the
activities dedicated to investors and analysts.
annual, quarterly and half-yearly financial results
of the Group. The events were broadcast live via
In order to inform stakeholders fairly, continuously
webcast, and both the supporting documents
and transparently, the Investor Relations
and the recordings and transcripts of the
department has disseminated numerous current
teleconferences can be accessed on the company’s
reports and announcements on the platforms of
website, in the section Investors > Results and Reports
the Bucharest Stock Exchange (BSE), the London
> Presentations and other information.
Stock Exchange (LSE), the Financial Supervisory
Authority (FSA), as well as on ELSA’s website. All
ELSA’s management representatives also
these documents, as well as the data necessary for
participated in the most important national and
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international conferences dedicated to investors
promoted from Small Cap to Mid Cap/Large Cap
aims to improve the visibility and liquidity of
All actions undertaken during 2023 as well
during 2023, interacting directly with dozens of
and its shares were included in the MSCI Frontier
companies listed on the capital market, the three
as plans for the coming years have as main
investors and analysts, both institutional and
and MSCI Romania indices.
selected companies benefiting from personalized
objective the implementation of the best investor
individual:
advice provided by a team of professional investor
program, increasing transparency and quality
• 3 March 2023, WOOD Conference - Romania
accessing FTSE Russell international indices, and in
an IR strategy. Thus, during 2023, the company’s
with a constant concern for retention, attraction
Investor Day, London, UK
this regard, in order to stimulate investor interest
investor relations strategy was outlined, in parallel
and satisfaction of shareholders and investors.
In 2023, Electrica aimed to meet the criteria for
relations and communication consultants to achieve
of communication with investors and analysts,
• 7-8 September 2023, WOOD-BVB Conference -
Romania Investor Days - Bucharest, Romania
and increase the liquidity of Electrica shares, and
with the Corporate Strategy of Electrica Group,
Evidence of the recognition of these efforts was the
consequently to meet these criteria, it contracted
which was approved by the Board of Directors on 14
positioning in the top of listed companies in terms of
• 5-8 December 2023, WOOD’s Winter Wonderland
on the Romanian market, respectively Wood &
two market makers with experience and results
December 2023.
transparency and communication in the relationship
with investors, by obtaining in 2023 the maximum
EME Conference - Prague, Czech Republic
• 11 December 2023, Quarterly Report, quarterly
conference organized by Ziare.Com and
TradeVille for retail investors – Bucharest,
Romania
During 2023, Electrica’s management organized
a workshop both physically and online, with its
shareholders, for consultations and in order to
provide additional details on topics subject to their
approval in principle through the EGMS of 23 August
2023, respectively the merger by ELSA absorption of
its renewable electricity production subsidiaries.
Also, Electrica’s management, the investor relations
team and specialists from within the Electrica Group
organized during the year multiple workshops, both
physical and online, with analysts and investors,
both on company representatives’ initiative and
at the analysts’ & investors’ proposal, in order to
provide more details about regulatory, operational,
financial and strategic aspects. On 23 November
2023, the entire executive management of Electrica
participated in such a hybrid event (physical and
online) dedicated to local analysts.
In 2023, ELSA continued to be an associate member
of the Romanian Investor Relations Association
(ARIR), being involved in its numerous projects.
In ELSA’s 2019-2023 strategy, updated in April
2022, one of Electrica’s strategic objectives was to
increase its market value. In this respect, Electrica
aimed, among other things, to be included and
remain in relevant international indices.
In August 2023, Electrica was one of six companies
Company Financial Services a.s. and BRK Financial
Also, Electrica continues to partner with the
grade, 10, for Vektor – Investor communication
Group.
Bucharest Stock Exchange (BSE) and supports
indicator for companies listed in Romania, for the
its platform BVB Research Hub, which aims to
third consecutive year.
On 20 December 2023, the company informed its
increase the visibility of listed companies, attract
shareholders and investors about the degree of
investors and analysts, offering the public, especially
compliance with the criteria of the global index
individual investors, access to informative and
provider FTSE Russell, in view of the inclusion, for
educational materials, tools and analyses through
the first time, of Electrica (EL) shares in the FTSE
its online portal, www.bvbresearch.ro.
Global Equity Index Series (GEIS). Based on the
internal monitoring, in line with the methodology of
the global provider FTSE Russell, Electrica’s shares
met the capitalization criterion throughout 2023
and also passed the liquidity test (median daily
trading volumes exceeded 0.05% of the number
of free float shares) in 10 of the 12 months of
2023. Thus, according to the methodology and
thresholds published by FTSE Russell, Electrica
shares will be included in the FTSE Global All Cap
Index and, given the capitalization thresholds
of the FTSE Global Equity Index Series (GEIS)
published in November 2023, Electrica shares will
be included in the FTSE Global Mid Cap Index (which
requires a total capitalization of over USD 570
mn. An announcement from FTSE Russell officially
confirming the inclusion of Electrica shares in the
mentioned indices was made on 27 February 2024,
and the actual inclusion will be made starting with
the trading session on 18 March 2024 (https://www.
electrica.ro/wp-content/uploads/2024/02/ELSA_
EN_Announcement_Inclusion-in-FTSE-Russell-
indexes_28Feb2024_LSE.pdf).
During 2023, Electrica was selected to participate
in the joint programme of the European Bank for
Reconstruction and Development (EBRD) and the
Bucharest Stock Exchange (BSE) Investor Relations
and Liquidity Support Programme (IRLSP), launched
in Romania at the beginning of 2023. This program
3.4 Related parties transactions
ELSA has the obligation to report the significant
December 2022 - RON 199,818,824, on 30 June 2023
transactions concluded by ELSA or its subsidiaries
– RON 198,490,436 RON and on 30 September 2023 –
with related parties, as per art. 108 of law no.
RON 198,760,627).
24/2017. „Significant transaction” means any
transfer of resources, services or obligations,
The 29 announcements related to these type of
whether or not it involves the payment of a price, the
transactions published by ELSA in 2023 and until
individual or cumulative value of which represents
17 January 2024 can be found on the company’s
more than 5% of ELSA’s net assets, according to the
website, at a https://www.electrica.ro/en/investors/
latest individual financial statements published
results-and-reports/current-reports-art-108/.
by ELSA (in 2022, there were three references: on 31
3.5 Dividends policy
ELSA’s dividend policy, updated in May 2022, can be
Ordinary General Shareholders’ Meeting (OGMS) and
accessed on the company’s website under section
the approval of the dividend proposal by the OGMS.
a https://www.electrica.ro/en/investors/corporate-
The shareholders receive dividends proportionally
governance/corporate-policies/.
to their share in the company’s paid-up capital. The
company will pay all dividends in RON.
ELSA’s dividends are distributed from the annual net
distributable profit based on the annual individual
Regarding the global deposit receipts that are
audited financial statements, and/or from other
traded on the London Stock Exchange, ELSA pays
items of equity (e.g. retained earnings) set up at the
dividends to the GDRs issuer proportionally to its
level of the Company, after their approval by ELSA’s
holdings. Holders of GDRs will then receive dividends
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from the GDR issuer, proportionally to their holdings.
as finance income in ELSA’s individual financial
Figure 28: Gross dividend per share (RON) and
statements in year N and thus constitute the source
dividend yield (%))
In selecting a certain dividend pay-out ratio
of the net result from which ELSA declares and
according to the dividend policy, the Board of
subsequently pays dividends to its shareholders in
Directors takes into consideration the following:
year N+1 (related to the result of year N).
The payment of dividends is subject to the general
provisions on prescription (by reference also to the
incidence of the provisions of art. 2554 of the Civil
Code regarding the extension of the term). Thus,
the payment of dividends that are not claimed
within three years from the approved date of their
payment will be prescribed and they can be kept by
the Company.
• Reducing the fluctuations in dividend yield from
one period to the next, as well as the absolute
dividend per share value;
• Electrica’s investment needs and opportunities;
• Contributions of non-monetary items to net
reported profit;
• Financial resources available for dividends
payment as well as Electrica’s indebtedness;
• Dividend yield comparable to other listed
companies in the industry or related sectors.
The dividend distribution rate from the distributable
profit of the Electrica group subsidiaries will be
consistent with the dividend policy in force. The
dividends paid by the Group’s subsidiaries to ELSA
in year N (related to year N-1 results) are recorded
3.6 Dividend distribution
Figure 27: Gross dividends distributed (2014-
2022) (RON mn.)
291.6
244.7
251.4 245.4 247.5 246.1 247.9
The dividends1 distributed by ELSA fluctuated in the
period 2014 - 2022, between RON 39.9 mn. and RON
291.6 mn., and the dividend payout ratio2 was 96% in
2014, 100% each year between 2015-2017, 87% in 2018
(RON 35.57 mn. was distributed to “Others reserves”),
100% in 2019, 87.5% in 2020 and 50% in 2021 (RON
152.9 mn. was distributed to “Others reserves”).
152.8
40.0 40.0
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
The dividend payout ratio for 2022 was 174% (RON
16.97 mn. was distributed from “Others reserves”).
Source: Electrica
6.9%
0.8600
6.1%
0.7217
7.3%
6.8%
5.2%
6.9%
6.0%
5.2%
0.7415 0.7237 0.7300 0.7248 0.7300
The yield of the dividend paid in 2023, for the 2022
results, recorded a level of 1.4%, the gross dividend
per share paid in 2023 being RON 0.1178. The
dividend yield (%) is calculated as Gross dividend
per share/Closing share price on BSE at ex-date.
0.4500
1.4%
0.1178
0.1178
1.0%
Thus, Electrica offered investors a stable return for
each year in the period 2014 – 2021, in the range
5.2% - 7.3%, with the exception of 2022, for which the
yield and dividend level were affected by the energy
2014
2015
2016
2017
2018
2019*
2020
2021
2022
2023
crisis.
Source: Electrica
1 The dividends refer to each financial year indicated and are paid in the following year.
2 The dividend distribution rate is calculated as gross dividends/Net profit distributable on dividends, where Net profit distributable on dividends is net profit
according to ELSA’s individual financial statements, except for mandatory distributions to legal reserves.
More details about dividends and their distribution can be found on the website: https://www.electrica.ro/
en/investors/shares-and-shareholders/dividende_en/.
3.7 Own shares
In July 2014, ELSA bought back for price stabilization purposes, 5,206,593 ordinary shares and 421,000 Global
Depositary Receipts, equivalent of 1,684,000 shares. The total amount paid for acquiring the shares and
Global Depositary Receipts was RON 75.4 mn.. There were no changes in the number of the treasury shares
until the date of the report.
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4. CORPORATIVE
GOVERNANCE IN ELSA
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ELSA confers a great importance to the principles of
different structures of the company, employees
the organization and functioning regulations of the
inside information and market manipulation (Policy
good corporate governance, considering corporate
and the organizations that represent their interests,
Board of Directors and those of its committees.
regarding Market Abuse).
governance a key element for the sustainable
customers and business partners, suppliers, central
The purpose of this policy is to prevent violations
business growth and for the enhancement of long-
and local authorities, regulators and capital markets
ELSA CGC is also a guide on business conduct and
of the legal provisions regarding the misuse of
term value for shareholders.
operators etc.
corporate governance matters for the management
inside information, by increasing the awareness
ELSA constantly develops and adapts its corporate
ELSA’s Code of Corporate Governance presents
and for the employees of ELSA, as well as for other
of all persons who possess inside information
governance practices and model, both at
primarily the main work methods, attributions and
stakeholders, and provides information about the
regarding the obligations, restrictions and sanctions
standalone, as well as at Group level, so that it
responsibilities of the management and supervisory
company’s principles and policies. The corporate
applicable in case of possession and abusive use of
can align with the increasingly rigorous capital
structures of the company, as well as those of the
policies and documents referred to in ELSA CGC
inside information or in case of market manipulation
market requirements and with the best practices
committees constituted to support these structures
can be accessed on the company’s website in
regarding ELSA’s securities.
in corporate governance at European level, and
to fulfil their responsibilities.
the section Investors > Corporate Governance >
also for creating opportunities and increase
ELSA undertook, from the moment of the IPO
Corporate policies and other documents.
All the owners of financial instruments of the
competitiveness.
and admission to trading from July 2014, the
same type and class issued by ELSA are entitled
The corporate governance represents the set of
implementation of a corporate governance
During 2023 the following corporate documents
to equal treatment. In order to ensure efficient,
principles standing at the basis of the governance
action plan, as part of the framework agreement
have been revised and published on Electrica’s
active and transparent communication with its
framework used for the company’s management
concluded with the European Bank for
website: Remuneration Policy for Directors and
shareholders, within ELSA activates the investor
and control. Transposed in the internal rules
Reconstruction and Development. The standards
Executive Managers – approved at the Electrica
relations department and related processes have
and regulations, these principles determine
and measures provisioned in this plan have been
OGMS of April 27, 2023, Policy on Organizing and
been set up to ensure efficient and transparent
the efficiency and effectiveness of the control
implemented and continuously monitored. For more
Running the General Meetings of Shareholders – on
communication with investors, in compliance
mechanisms aiming to protect and harmonize the
details about this Action plan, please see chapter
17 August 2022, and the Articles of Association –
with the legal obligations in force, which can be
interests of all the stakeholders – shareholders,
4.9.
directors, executive managers, managers of
4.1 Corporate Governance Code
Effective November 22, 2023.
found in the Investor Relation Corporate Disclosure
Policy, applicable at ELSA level, available, in the
In compliance with company’s policies and with the
updated form, on the company’s website since 25
procedures of the Code of Ethics and Professional
August 2020. The company’s rules and procedures
Conduct, the Audit and Risk Committee ensures that
that establish the framework for organizing and
the company’s activity is carried on with honesty
conducting general meetings of shareholders
and integrity, including the implementation of the
are contained in ELSA’s GMS Policy, amended on
Starting with 2014, ELSA adheres to and applies
Investors > Corporate Governance.
whistle-blower policy.
wilfully the provisions of the Corporate Governance
17 August 2022 and available electronically on
the company’s website in the sections Investors >
Code issued by BSE, reviewed periodically. This
ELSA’s compliance with BSE’s Corporate Governance
ELSA has implemented a procedure for reporting
General Meeting of Shareholders and Investors >
code can be accessed on the BSE’s website at the
Code is being thoroughly assessed, and as updates
ethical deviations, irregularities and any other
Corporate Governance > Corporate policies and
following address: : https://www.bvb.ro/Regulations/
and developments appear, ELSA promptly reports
aspects of non-compliance with the law that
other documents.
Legal Framework/BvbRegulations.
them to the capital market. The compliance with
otherwise could cause image and/or commercial
the provisions of the CGC issued by the BSE is
prejudice or even involve legal sanctions, thus
The section dedicated to investors is available on
In order to ensure high standards of corporate
presented annually in the Declaration on Corporate
damaging the prestige and profitability of the
ELSA’s website by accessing https://www.electrica.
governance, transparency and business integrity,
Governance “apply or explain” in Chapter 4.8. This
company. The whistle-blowing reporting system
ro/en/investors/. Up-to-date essential information,
ELSA also applies provisions of the LSE’s Corporate
is also available on the company’s website in the
which functions according to this procedure, as
of interest for the investors, can be found in this
Governance Code.
section Investors > Corporate Governance > Comply
well as the procedure itself, are available on ELSA’s
section, providing access to documents governing
or Explain.
website, in the Whistleblowing section.
the company, in accordance with the provision of
Formally, ELSA adopted the Code of Corporate
the CGC issued by BSE. This section also contains
Governance (ELSA CGC) starting with February 2015
ELSA CGC embeds the general principles and
Since ELSA’s shares are allowed for trading both on
the name and contact details of the person who can
and made it available to all the interested parties on
conduct rules that set forth and regulate the
the regulated market managed by Bucharest Stock
provide, upon request of interested parties, relevant
ELSA’s website, in the section Investors > Corporate
corporate values, the responsibilities, the obligations
Exchange (BSE), as well as on the market managed
information regarding the activity of the company.
Governance.
and the business conduct of the company.
by the London Stock Exchange (LSE), ELSA is subject
to the rules imposed by the national and European
In 2020, the chapter 6 of the CGC ELSA regarding
ELSA CGC contains the terms of reference and
laws regarding market abuse prevention and the
the risk management system was revised; in July
the main responsibilities of the company’s
regime applicable to inside information. Thus, ELSA
2020 the amended ELSA CGC was published on the
administrative and executive management, as
has implemented a Policy on preventing the misuse
company’s website and is available in the section
they are detailed in ELSA’s Articles of Association,
of inside information, unauthorized disclosure of
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4.2 General Meeting of ELSA’s Shareholders
The General Meeting of Shareholders (“GMS”) is
g. to decide to file legal actions against the
the main corporate governance body of ELSA,
directors, managers as well as financial auditors
deciding on the items as outlined in the Articles
for damages they caused to the Company
of Association. The convening, functioning, voting
by breaching their obligations towards the
method, as well as other provisions regarding the
Company;
GMS are detailed in ELSA’s Articles of Association,
which is available in electronic format on ELSA’s
h. to decide on mortgaging or leasing or closing of
website: https://www.electrica.ro/en/the-group/
one or more units of the company;
about/constitutive-act/.
Starting with 1 February 2020, ELSA has in place a
i.
to appoint and revokes the financial auditor and
policy on organizing and conducting the general
to set the minimum term of the financial audit
meetings of shareholders of the company, which
contract;
presents in detail aspects of interest for investors
regarding the way of organizing and carrying
j. approves the Remuneration Policy for Directors
out the GMS. It was updated in August 2022, it is
and Managers (appointed by the board of
extended by the introduction of electronic vote.
directors);
The policy is available on the company’s website,
under the section Investors > Corporate Governance
k. approves the Remuneration Report for Directors
> Corporate Policies > Policy on organizing and
and Managers (appointed by the board of
running General Meetings of Shareholders.
directors);
ELSA’s ordinary general meeting of the
l. approves the overall limit of all Managers’
shareholders (OGMS) has the following main duties:
(appointed by the board of directors)
remuneration and remuneration of Board
a. to appoint and revoke the members of
members;
the Board and establish the level of their
remuneration and other rights according to the
m. to carry out any other duties set out by the law.
legal provisions;
b. to establish the income and expenses budget,
ELSA’s extraordinary general meeting of the
to set out the activity schedule;
shareholders (EGMS) shall decide on the following:
exceeds, individually or cumulated, during any
m. carrying out any bond issuance, as per the
financial year, 20% of the total fixed assets,
provisions of art. 10 of the Articles of Association,
less receivables and rentals of tangible assets,
or conversion of a category of bonds in a
for a period of more than one year, whose
different category or in shares;
individual or cumulative value compared to
the same co-contractor or persons involved
n. approving the conversion of preferential
or acting in concert exceeds 20% of the total
and nominative shares from one category to
value of fixed assets, less receivables at the
another, according to the law;
date of conclusion of the legal act, as well as
associations over a period of more than one
o. any other amendment to the Articles of
year, exceeding the same value;
Association;
d. leases of tangible assets for periods longer than
p. approval of the eligibility and independence
one year, whose individual or cumulated value
criteria with respect to the Board members;
towards the same co-contractor or involved
persons or with whom it acts in concert exceeds
q. approval of the corporate governance strategy
20% of the fixed assets value, less receivables
of the Company, including the corporate
at the time of entering in the relevant operation,
governance action plan;
as well as joint ventures in excess of the same
value and with a duration of over one year;
r. donations within the limits of the competence
provided in Appendix 1 to these Articles of
e. approving investment projects in which the
Association; and
Company will be involved in accordance with
the competence limits provided in Annex 1 to
s. approves granting of intragroup loans with a
these Articles of Association, other than the
value of more than EUR 50 mn. per operation;
ones provided in the annual investment plan of
the Company;
t. any other decision that requires the approval
of the extraordinary general meeting of the
f. approving the issuance and admission
shareholders.
to trading on a regulated market or on
a multilateral trading facility of shares,
depositary certificates, allotment rights or other
The OGMS is convened at least once a year, within
similar financial instruments; approving the
a maximum of four months from the end of the
competencies delegated to the Board;
financial year. Except for this situation, OGMS and
c. to establish the income and expenses budget
a. withdrawal of the preference right of
consolidated at the group level;
shareholders upon subscription of new shares
g. changing the legal form;
EGMS are convened as many times as needed,
being convened by ELSA’s Board of Directors
whenever necessary for the activity of Electrica
d. to discuss, approve or amend the annual
financial statements according to the reports
b. contracting any type of loans, debts or
submitted by the Board and the financial
obligations representing a loan, as well as
issued by the Company;
auditors;
creating real or personal security related to
these loans, in each case in accordance with
e. to approve the profit distribution according to
the competence limits provided in Annex 1 to the
the law and to establish the dividend;
Articles of Association;
f.
to decide on the management activity of the
c. operations regarding the acquisition, alienation,
directors and on the discharge of liability, in
exchange or creation of encumbrances over
accordance with the law;
fixed assets of the Company whose value
h. relocation of the registered office;
Group. The GMS may be convened also, upon the
i. changing the main or secondary business
cumulatively, at least 5% of the share capital. In this
request of shareholders representing, individually or
objects;
case, the general meeting of the shareholders shall
be convened by the Board of Directors within no
j.
increasing the share capital, as well as
more than 30 days and shall meet within no more
decreasing the share capital, according to the
than 60 days from the date of receiving the request.
law;
k. the merger or the separation;
l.
the dissolution of the Company;
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4.3 Shareholders’ rights
The rights of all ELSA’s shareholders, independent
shareholder of the company together with
of their holdings, are protected according to the
all rights and obligations deriving from this
relevant legislation. Shareholders have, amongst
capacity, in accordance with the law and the
other rights provided under the company’s Articles
Articles of Association;
of Association and the laws and regulations in
force, the right to obtain information about ELSA’s
• The rights and obligations deriving from the
operations and results, regarding the exercise of
shares are transferred to the new acquirers
voting rights and the voting results in the GMS.
together with the shares;
Shareholders have also the right to participate and
• When a nominative share becomes the
vote in the GMS, as well as to receive dividends.
property of several persons, the transfer
Except for the shares owned by ELSA following the
shall be registered only if they appoint a sole
stabilization after the IPO in 2014, there are no shares
representative for exercising the rights derived
without voting rights. There are no shares granting
from the shares;
the right to more than one vote.
Moreover, shareholders have the right to challenge
by its social patrimony, and the liability of the
the decisions of GMS or to withdraw from ELSA and
shareholders is limited to the subscribed share
• The obligations of the company are secured
to request the Company to acquire their shares, in
capital;
certain conditions mentioned by the law. Likewise,
one or more shareholders holding, individually or
• The shareholder that has, in a certain operation,
jointly, at least 5% of the share capital, may request
either personally or as representative of another
the calling of a GMS. Those shareholders have also
person, an interest contrary to the interest of
the right to add new items to the agenda of a GMS,
the company, must refrain from deliberations
provided that those proposals are accompanied
regarding the respective operation.
by a justification or a draft resolution proposed for
approval and copies of the identification documents
of the shareholders who make the proposals.
The exercise of the rights by the holders of the
depositary certificates5 is realized as follows:
The rights and obligations of the holders of
• The rights and obligations related to the
the shares, as extracted from ELSA’s Articles of
underlying shares based on which the
Association, are:
depositary certificates were issued are
exercised by the holders of the deposit
• Each share subscribed and fully paid in by
certificates, proportionally to their holdings of
the shareholders, in accordance with the law,
deposit certificates and taking into account the
grants the shareholders (i) the right to one vote
conversion rate between underlying shares and
in the general meeting of the shareholders, (ii)
the deposit certificates;
the right to elect the management bodies, (iii)
the right to participate to the profit distribution,
• The holder of the depositary certificates
as well as (iv) other rights provided by these
issued based on the underlying shares has the
Articles of Association and by the legal
capacity of shareholder within the meaning and
provisions;
for the application of Law 24/2017 on the issuers
of financial instruments and market operations.
• The acquisition of the property right over a
The issuer of the depositary certificates is fully
share by a person, directly or indirectly, has
responsible for informing the holders of the
as effect the obtainment of the capacity of
depositary certificates in a correct, complete
5 According to ELSA’s Articles of Association reflecting the dispositions of Law no. 24/2017 on issuers of financial instruments and market operations.
and timely manner, observing the provisions
to send the voting instructions of the holders of
of the issuance documents of the depositary
the depositary certificates related to the topics
certificates, about the documents and the
on the agenda of the general meeting of the
informative materials related to a general
shareholders;
meeting of shareholders, as made available to
the shareholders by the Company.
• Any reference date for the identification of
the shareholders which have the right to take
•
In order to exercise its rights and obligations
part and to vote in the general meeting of
related to a general meeting of shareholders,
the shareholders of the Company and any
a holder of deposit certificates will send to
registration date for the identification of the
the entity where it has opened its account for
shareholders which have rights deriving from
deposit certificates the voting instructions
their shares, as well as any other similar date
for the topics on the agenda of the general
set by the Company related to any corporate
meeting of the shareholders, so that the
events of the Company will be established in
respective information is sent to the issuer of
accordance with the applicable legal provisions
the depositary certificates;
and with a prior notice sent with at least 15 free
calendar days (in Romanian, zile calendaristice
• The issuer of the deposit certificates votes in
libere) to the issuer of the deposit certificates,
the general meeting of the shareholders of the
in the name of which the underlying shares
company in accordance with and within the
are registered based on which the deposit
limits of the instructions of the holders of the
certificates mentioned above are issued. The
deposit certificate which have this quality at the
reference date will be prior with at least 15
reference date;
working days to the deadline for submitting the
power of attorney related to the vote..
• The issuer of the deposit certificates may cast
different votes for certain underlying shares in
Transfer of shares
the general meeting of the shareholders than
those expressed for other underlying shares;
The shares are indivisible. The company shall
recognize a sole owner per each share, subject
• The issuer of the deposit certificates is fully
to the provisions of article 11 paragraph (4) from
responsible for taking all necessary measures,
Articles of Association.
so that the entity which keeps the records
of the holders of the deposit certificates, the
The partial or total transfer of shares between the
intermediaries involved in the custody services
shareholders or to third parties shall be carried out
for holders of the deposit certificates on the
according to the terms and procedure provided by
market where the deposit certificates are
the applicable legal provisions, including the capital
traded and/or any other entities involved in
markets legislation.
recording the holders of the deposit certificates,
2023 DIRECTORS’ REPORTCORPORATE GOVERNANCE IN ELSA2023 DIRECTORS’ REPORTELECTRICA S.ACORPORATE GOVERNANCE IN ELSAELECTRICA S.A2023 ANNUAL REPORT2023 ANNUAL REPORT94
95
4.4 ELSA’s Board of Directors
ELSA adopted a one-tier (unitary) corporate
of Association, as well as of art. 20, point ii)
Table 10. Members of the BoD in 2023
governance system, in accordance with the
of the mandate contract concluded with Mr.
principles of good corporate governance,
Cristodorescu George.
transparency and accountability towards its
shareholders and other categories of stakeholders,
• On 18 July 2023, following the legal termination
aiming to support and drive the business
of the mandate of Mr. George Cristodorescu, The
development and the efficient exchange of relevant
BoD nominates Ms. Valentina–Elena Siclovan
corporate information.
as an interim member of the Board of Directors,
starting on 24 July 2023 and until the date of the
The Board of Directors (BoD) is responsible for
next meeting of the Ordinary General Meeting of
taking all the necessary measures to carry out, as
Shareholders of Electrica.On 20 December 2023,
well as to supervise the activity of the company. Its
the GMS approved the election of Ms. Valentina-
structure, organization, duties and responsibilities
Elena Siclovan as an independent Director with
are established under the Articles of Association
the duration of the mandate equal to the period
and the Charter (organization and functioning
remaining until the expiration of the mandate
regulations) of the BoD.
related to the vacant position, i.e. until 28 April
According to the provisions of the company’s
2025.
Articles of Association, starting with 14 December
On 26 January 2024, the GMS appointed a new
2015, the BoD is composed of seven non-executive
Board of Directors, through the cumulative vote
directors, elected by the Ordinary General Meeting
method, therefore, at the date of the Directors
of Shareholders of the company for a four-year
report, the BoD consists of the following members:
mandate, out of which four must meet the criteria
Mr. Ion-Cosmin Petrescu, Mr. Dumitru Chirita, Ms.
of independence provided by the Articles of
Georgiana Bogasievici, Mr. Dragos-Valentin Neacsu,
Association.
Mr. Adrian-Florin Lotrean, Mr. Marian-Cristian
Mocanu, Ms. Valentina-Elena Siclovan;
During 2023, the Board of Directors’ structure has
undergone changes, as follows:
• At the beginning of the year, the BoD consisted
of the following members: Mr. Iulian Cristian
Bosoanca – Chair, Mr. George Cristodorescu, Mr.
Radu Mircea Florescu, Mr. Gicu Iorga, Mr. Adrian-
Florin Lotrean, Mr. Dragos-Valentin Neacsu and
Mr. Ion-Cosmin Petrescu;
• The members of the Board re-elected Mr. Iulian
Cristian Bosoanca as Chair of the BoD starting
with 01 January 2023 and until 31 December
2023;
• On 15 May 2023, the BoD took note of the legal
termination of the mandate of Mr. Cristodorescu
George, in accordance with the provisions of
art. 2030 para. (1) of the New Civil Code, of art.
18 para. (10) letter d) of the company’s Articles
1.
2.
3.
4.
5.
6.
7.
No
Name
Term of office (until 27 April 2025)
Status
Mr. Iulian Cristian
Bosoanca
Mr. George
Cristodorescu *
Mr. Radu Mircea
Florescu
4 years
4 years
4 years
Chair,
non-executive
director
non-executive
director,
independent
non-executive
director,
independent
Starting date
of the first
mandate
29 April 2020
28 April 2021
7 February 2019
Mr. Gicu Iorga
4 years
Mr. Adrian-Florin
Lotrean
Mr. Dragos-Valentin
Neacsu
Mr. Ion-Cosmin
Petrescu
4 years
4 years
4 years
8.
Ms. Valentina-Elena
Siclovan
Starting with 24 July 2023 and until
30 April 2024 or until the date of
the next meeting of the Ordinary
General Meeting of Electrica
Shareholders
On 20 December 2023, the GMS
approves the election of Ms.
Valentina-Elena Siclovan as an
independent member with the
duration of the mandate equal
to the period remaining until the
expiration of the mandate related
to the vacant position, i.e. until 28
April 2025
non-executive
director
1 May 2017
non-executive
director,
independent
non-executive
director,
independent
28 April 2021
28 April 2021
non-executive
director
28 April 2021
non-executive
director,
24 July 2023
independent
Source: Electrica
* On 15 May 2023, the BoD took note of the legal termination of the mandate of Mr. Cristodorescu George, in accordance with the provisions of art. 2030 para. (1)
of the New Civil Code, of art. 18 para. (10) letter d) of the company’s Articles of Association, as well as of art. 20, point ii) of the mandate contract concluded with Mr.
Cristodorescu George
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97
Dumitru Chiriță
• Chair of the Board of Directors
• Non-executive Director appointed on 26 January 2024
• Member of the Strategy and Corporate Governance
Committee
At the date of issuing of this report, the members of the Board of Directors were the following:
No.
Name
Term of office
(until 26 January
2028)
Status
Starting date
of the first
mandate
1.
2.
3.
4.
5.
6.
7.
Mr. Dumitru Chirita
4 years
Chair, non-executive
director
26 January 2024
Mr. Marian Cristian
Mocanu
4 years
non-executive director,
independent
26 January 2024
Ms. Georgiana
Bogasievici
4 years
non-executive director
26 January 2024
Ms. Valentina – Elena
Siclovan
4 years
non-executive director
independent
24 July 2023
Mr. Adrian-Florin Lotrean
4 years
non-executive director,
independent
28 April 2021
Mr. Dragos-Valentin
Neacsu
4 years
non-executive director,
independent
28 April 2021
Mr. Ion-Cosmin Petrescu
4 years
non-executive director
28 April 2021
Source: Electrica
More details on the Board members’ biographies can be found on the Group’s website in the section
Investors > Corporate Governance > Board of Directors.
Below are presented the most relevant aspects regarding the professional experience of the members of
the Board in office at the date of this report, as well as of those in office in 2023.
Born in 1963, Mr. Dumitru Chirita has more than
30 years of professional experience in the field
of energy and labour relations, holding over
time management positions in various key state
institutions, in historical moments for Romania
such as the accession to the European Union.
For 13 years (legislatures: 2000-2004, 2008-
2012, 2012-2016, 2016-2017), Mr. Dumitru Chirita
held the position of deputy in the Romanian
Parliament, working within the Commission for
Industries and Services as a member and vice-
president of this forum.
Since 2000, as a deputy, Mr. Chirita was a
member and Secretary of the Commission for
European Integration, actively participating in
the negotiations with the European Parliament
in the process for Romania’s accession to the
European Union.
Between 2004 and 2008, Dumitru Chirita was the
Vice-president of the National Health Insurance
House, and in the period 2017 to 2023 he held
the position of President of the Romanian Energy
Regulatory Authority (ANRE).
Dumitru Chirita is a graduate of the Faculty
of Law and International Relations - ‘Nicolae
Titulescu’ University and a MA student of the
University of Bucharest - Faculty of Law - MA in
‘Labour and Industrial Relations”.
In his capacity as President of the ‘Univers’
National Federation of Electricity Trade Unions,
President of the ‘Energia’ Free Trade Union
and Vice-president of the Confederation of
the National Trade Union Bloc, he constantly
represented the interests of employees in the
energy sector.
Dumitru Chirita also held the positions of
member of the Board of Directors of the National
Employment Agency and member of the
Board of Directors of the National Council for
Professional Training of Adults.
Mr. Chirita was elected as a non-executive
director, member of the Board of Directors, by
the Ordinary General Meeting of Shareholders of
Electrica on 26 January 2024.
Starting with 12 February 2024 Mr. Chirita is the
Chair of the Board of Directors and a member
of the Strategy and Corporate Governance
Committee.
2023 DIRECTORS’ REPORTCORPORATE GOVERNANCE IN ELSAELECTRICA S.A2023 ANNUAL REPORT Dragoș Valentin Neacșu
Born in 1965, Mr. Neacsu has an extensive professional
experience in the field of investment management and
financial markets, for almost three decades.
Adrian-Florin Lotrean
98
99
• Vice-Chair of the Board of Directors
• Non-executive Independent Director since 28 April 2021,
re-elected on 26 January 2024
• Chair of the Nomination and Remuneration Committee
and member of the Audit and Risk Committee
• Vice-Chair of the Board of Directors
• Non-executive Independent Director since 28 April 2021,
re-elected on 26 January 2024
• Chair of the Climate Governance and Public Affairs
Committee and Member of the Strategy and Corporate
Governance Committee
•
Mr. Neacsu is currently the CEO of the GS1 Romania
Association, part of a global federation of 116 not-
for-profit organizations, with an activity focused on
elaborating and promotion of global standards, that
aim to create a common foundation for business
administration, by uniquely identifying, accurately
capturing and automatically sharing information about
products, locations and assets.
Until October 2019, Mr. Neacsu held the position of Chief
Executive Officer, Chair of the Board of SAI Erste Asset
Management SA, previously being Director, Financial
Advisory Services of Deloitte Consultancy SRL. Between
February-September 2005 he was State Secretary
Minister, Head of State Treasury within the Ministry of
Public Finance. Between July 1998 and February 2005
he held the position of President – CEO of SSIF Raiffeisen
Capital & Investment S.A.
Among other relevant positions held by Mr. Neacsu:
Member of the Board of Governors EFAMA (European
Fund and Asset Management Association, between
2013-2016), Romania’s representative in multilateral
financial institutions (Council of Europe Bank (BDCE),
Black Sea Trade and Development Bank (BSTDB)),
Vice-president and then President of the Romanian
Association of Asset Managers (AAF, between 2008-
2016), founding member and first Vice President
of the Board of Romanian Association for Privately
Managed Pension Funds (APAPR in 2004), Member of
the Supervisory Board of BCR Pensii, Private Pension
Fund Management Company S.A. (between 2009-
2019), Member of CEC Bank S.A Board (between 2005-
2006), Member of the Bucharest Stock Exchange Board
of Governors (2001-2005), of the first Board after the
demutualisation (2005) and between 2021 and 2024,
as well as Independent Non-Executive Member of the
Board of FINS IFN SA (2018-present), Board Member of
the Romanian Business Leaders Foundation (2017-2023),
member of the Board of “Merito” educational project
(2017-present).
He is part of the first generation (1994-1995) of the
Romanian-Canadian MBA Program, cooperation of
UQAM and McGill Canadian universities, together with
Academy of Economic Studies in Bucharest and holds
a BA in Civil Engineering from Technical University
Bucharest (1989).
Dragos-Valentin Neacsu is a non-executive
independent member of the Board of Directors since 28
April 2021.
From 6 May 2021 to 30 July 2023, he was a member
of the Audit and Risk Committee. From 17 May 2023 to
26 January 2024, he was member of the Strategy and
Corporate Governance Committee and from 27 January
2023, since its set up until 26 January 2024, he was the
Chair of the Climate Governance and Public Affairs
Committee.
He was re-elected by Electrica’s Ordinary General
Meeting of Shareholders from 26 January 2024. Starting
with 12 February 2024 Mr. Neacsu is Vice-Chair of
the Board of Directors, member of the Strategy and
Corporate Governance Committee and Chair of the
Climate Governance and Public Affairs Committee.
Born in 1980, Mr. Lotrean holds currently
the position of coordinating associate of
Infinexa Restructuring SPRL and extensive
professional experience in the field of insolvency,
coordinating as insolvency practitioner, complex
restructuring projects on production of thermal
energy and electricity in cogeneration (for
clients such as CET ARAD SA, Electrocentrale
Constanta SA), being consultant to the judicial
administrator of Electrocentrale Bucuresti SA
and coordinating the restructuring procedure of
Hidroserv S.A.
In terms of corporate governance, Mr. Lotrean
had a significant impact as Chair of the
Board of Directors of the Municipal Company
Termoenergetica Bucuresti SA between May
2021 and November 2023, a period in which the
foundations were laid for the resumption of
investments in the heating network in Bucharest.
Previously, between September 2019 – December
2020, Mr. Lotrean held the position of Member of
the Board of Directors of Electroplast SA Bistrita,
between November 2007 and February 2010 he
was insolvency practitioner in the professional
civil company Casa de Insolventa Transilvania
S.P.R.L where he participated in the management
of projects for more than 50 comercial
companies.
Between January 2003 – November 2007, Mr.
Lotrean held the position of Financial Consultant
within SC Depofarm SLR, providing consultancy
for the elaboration of projects financed from
European funds, the elaboration of feasibility
studies, business plans and financial-fiscal
consultancy. Previously, between November
2001 and December 2002, he held the position
of specialized inspector within the Fiscal Control
Department of the General Directorate of Public
Finance Satu Mare.
Adrian Florin Lotrean is a non-executive
independent member of the Board of Directors
since 28th April 2021. From 6 May 2021 to 26
January 2024 he was the Chair of the Nomination
and Remuneration Committee and a member
of the Strategy and Corporate Governance
Committee.
He was re-elected by Electrica’s Ordinary
General Meeting of Shareholders from 26
January 2024. Starting with 12 February 2024 Mr.
Lotrean is Vice-Chair of the Board of Directors,
a member of the Audit and Risk Committee and
the Chair of the Nomination and Remuneration
Committee.
100
101
Ion Cosmin Petrescu
• Non-executive Director since 28 April 2021,
re-elected on 26 January 2024
• Member of the Audit and Risk Committee and of
the Nomination and Remuneration Committee
Born in 1978, with an extensive professional
experience in business development, sales and
management, Mr. Cosmin Petrescu presently
activates in FNGCIMM (The National Loan
Guarantee Fund for SMEs), where he leads the
activity of IT, State Aid and Reporting Divisions.
Cosmin Petrescu is also the President of the
working groups dedicated to the program
IMMINVEST ROMANIA and for the relation with
the European Bank of Reconstruction and
Development.
Starting February 2021, he holds the position
of Adviser within the Chancellery of the Prime
Minister, on digitization issues.
Previously, starting with the year 2001, Mr.
Petrescu held different positions within
companies acting in the Oil&Gas sector where
he proved competence in optimizing business
processes (Lean Management).
Ion-Cosmin Petrescu is a non-executive director,
member of the Board of Directors, starting
28 April 2021. From 6 May 2021 to 26 January
2024 was a member of the Nomination and
Remuneration Committee.
He was re-elected by Electrica’s Ordinary
General Meeting of Shareholders from 26
January 2024. Starting with 12 February 2024
Mr. Petrescu is member of the Audit and
Risk Committee and of the Nomination and
Remuneration Committee.
Georgiana Bogasievici
• Non-executive Director since 26 January 2024
• Member of the Climate Governance and Public
Affairs Committee
Born in 1991, Ms. Georgiana Bogasievici is a
dedicated legal professional with experience
in the field of law and public administration,
reflected in her varied and significant roles.
With a legal career started at the Faculty of Law
of the University of Bucharest, she deepened her
knowledge with a master’s degree in Civil Law
and Civil Procedure at Titu Maiorescu University.
She has demonstrated proficiency in
environmental management and public
procurement, occupying positions of legal
advisor and leader in various public and private
organizations.
English and Spanish are among her advanced
language skills. Ms. Bogasievici has distinguished
herself through communication and
interpersonal skills, stress management and
adaptability, qualities that make her a valuable
addition to any team.
Ms. Bogasievici was elected as a non-executive
director, member of the Board of Directors,
by Electrica’s Ordinary General Meeting of
Shareholders from 26 January 2024. Starting
with 12 February 2024 Ms. Bogasievici is member
of the Climate Governance and Public Affairs
Committee.
102
103
Valentina Elena Şiclovan
• Non-executive Independent Director since 24 July
2023, re-elected on 26 January 2024
• Chair of the Audit and Risk Committee and member
of the Climate Governance and Public Affairs
Committee
Marian Cristian Mocanu
• Non-executive Independent Director since 26
January 2024
• Chair of the Strategy and Corporate Governance
Committee and member of the Nomination and
Remuneration Committee
Born in 1983, Mr. Mocanu has more than 17
years of experience as a business lawyer, being
involved in both consultancy activities and in
dispute resolutions projects, with an emphasis
on insolvency and restructuring issues, corporate
law (shareholders’ rights), including the defence
of the interests of persons involved in complex
investigations.
Throughout his career, Mr. Mocanu has advised
and represented both local and international
clients, thus building solid experience in a wide
range of business sectors, such as real estate,
energy, banking, automotive, IT&C, industrial
production, or consumer goods.
Starting from 2020, Mr. Mocanu acts also as
an insolvency practitioner, managing several
insolvency cases during this period, with the
purpose to ensure the highest possible degree of
debt recovery.
Mr. Mocanu was elected as a non-executive
independent director, member of the Board of
Directors, by Electrica’s Ordinary General Meeting
of Shareholders from 26 January 2024. Starting
with 12 February 2024 Mr. Mocanu is the Chair
of the Strategy and Corporate Governance
Committee and member of the Nomination and
Remuneration Committee.
Born in 1960, Ms. Şiclovan has an extensive experience,
more than 20 years in senior executive positions, in
public and private sector and 14 years in international
financing.
She has started her executive career in the Ministry of
Finance and in 2001 took an executive position in the
Black Sea Trade and Development Bank as VP Banking,
an international financial institution headquartered in
Thessaloniki, Greece. Eventually she spent 14 years in
this bank, the last 8 years as VP Finance/CFO, being fully
involved in all strategic decisions.
Ms. Şiclovan has also experience in energy sector,
holding for a period of time the position of Vice-
President, Business Development & Strategy, in Gaz de
France Suez (Engie), responsible for the development of
energy projects in South East Europe.
She was Board member in Tarom, member of the
Interministerial Committee for Credits and Guarantees
– Exim Bank and Board member in EnergoNuclear SA,
representing GDF Suez.
From 1997 until 2000 Ms. Şiclovan represented Romania
in the Boards of Directors of the Black Sea Trade
and Development Bank and of the Council of Europe
Development Bank.
Since 2022 she is independent Board member in
ICME-ECAB, a Romanian company, part of the Hellenic
Cables- Greece, one of the largest cable manufacturers
in Europe.
Ms. Şiclovan has a degree in finance and accounting
from the Romanian Academy of Economic Studies and
she did her post-graduate studies (DESS – Master) at
Paris- Dauphine University in France. She is financial
auditor, member of the Romanian Chamber of Financial
Auditors and she is certified in Corporate Governance
(INSEAD Fontainebleau).
Ms. Şiclovan was appointed interim director by the
Board of Directors of Electrica starting with 24 July
2023. From 1 August 2023 to 26 January 2024 she was a
member of the Audit and Risk Committee.
On 20 December 2023 Ms. Şiclovan was appointed
as a non-executive independent director, member of
the Board of Directors, by Electrica’s Ordinary General
Meeting of Shareholders, and then was re-elected by
Electrica’s Ordinary General Meeting of Shareholders
from 26 January 2024. Starting with 12 February 2024 Ms.
Şiclovan is the Chair of the Audit and Risk Committee
and member of the Climate Governance and Public
Affairs Committee.
104
105
Biographies of incumbent directors as of 31 December 2023, who were
not reconfirmed in office (following the application of the cumulative
voting method) by the Ordinary General Meeting of Shareholders on 26
January 2024:
Mr. Iulian Cristian Bosoanca was non-executive director appointed on 29 April 2020, Chair of the Board
of Directors since 18 July 2020, member of the Risk and Audit Committee, and member of the Climate
Governance and Public Policy Committee since 27 January 2023.
Mr. Bosoanca was the Chair of the Board of Directors starting on July 18, 2020, he was a member of the Audit
and Risk Committee starting on May 13, 2020 and a member of the Climate Governance and Public Policies
Committee from January 27, 2023.
Born in 1976, he holds a bachelor’s degree in economics and law, he has a master’s degree in financial
accounting management and he is an expert accountant and tax consultant.
He holds relevant professional experience in the economic field, especially in the areas of finance,
accounting, economic financial analysis and taxation, having over 20 years of practical activity. He also
holds competences in management, compliance, legal, payroll and human resources, developed within
practicing his activity for over 25 years and following graduated specializations or courses.
The basic profession, accounting and taxation, he carries out as a freelancer ever since 2008, within more
companies, members of CECCAR, where he is also an associate and/or administrator/coordinator, but also
individually, for the activities of accounting, fiscal and judicial expert.
Starting with 1998, Mr. Bosoanca held several positions, executive or management positions, being also
a member of the Boards of Directors in various companies such as: Cazanele SA in the period August
2005 – September 2006, Mehedinti County Health Insurance House in the period May 2012 – October 2014
and Secom SA in the period September 2017 – May 2018, and National Road Infrastructure Management
Company (CNAIR - Compania Nationala de Administrare a Infrastructurii Rutiere, in Romanian) in the period
May 2020 - May 2021.
He coordinated a Board of Directors, being elected Chair of the Board of Directors of Secom SA from
September 2017 to May 2018 and a Supervisory Board, being appointed Chair of the Supervisory Board of the
State Assets Management Authority from April 2020 to May 2021.
From March 2020 to June 2023, as Director of the Cabinet Office, he managed the work of the Cabinet Office
at the Ministry of Economy, Energy and Business Environment (December 2020) and the Ministry of Energy
(June 2023).
In 2016, he was elected President of the Body of Expert Accountants and Certified Accountants in Romania,
Mehedinti Branch, being re-elected in 2019. He also worked as a lecturer in the Body of Expert Accountants
and Certified Accountants in Romania.
He is an authorized Mediator, a member of the Romanian Body of Mediators.
Mr. Radu Mircea Florescu was an independent non-executive director since 7 February 2019, Chair of the
Audit and Risk Committee and member of the Nomination and Remuneration Committee.
Mr. Florescu was the Chair of the Audit and Risk Committee from May 6, 2021 to January 26, 2024, previously
being a member of this committee between February 18, 2019 and December 31, 2020, a member of the
Nomination and Remuneration Committee between May 6, 2021 and January 26 2024 and a member of the
Strategy and Corporate Governance Committee between January 28, 2020 and May 6, 2021.
Born in 1961, Mr Radu Mircea Florescu is currently the CEO of Centrade | Cheil, South East Europe, the regional
communications hub for Cheil Worldwide, coordinating 11 markets in the Adriatic and Balkan region.
For more than 40 years, Radu Florescu worked in top multinational companies from Fortune 500, activating
in emerging countries, including programs financed from EU funds. Mr. Florescu began his career in
trading at NYMEX where he coordinated all trading activities for petroleum products and precious metals.
A graduate of Marketing and Finance from Boston College with a Bachelor of Science degree, Radu Mircea
Florescu began his career in commodity trading with Merrill Lynch/EF Hutton at NYMEX (New York Mercantile
Exchange), with a specific focus on WTI (West Texas Crude), fuel oil and gasoline. In 1989, he co-founded
Centrade USA and became one of the leading pioneers for marketing and communication services on the
Romanian market with the launch of Saatchi & Saatchi, SSX, Chainsaw Studios, Cable Direct and Zenith
Media.
Radu Florescu has held other notable positions including nomination as member to numerous board
positions: founding member and board member of IAA Romania, co-founder and member of the Union of
Advertising Agencies of Romania (UAAR), member of the European Council of the European Association of
Communication Agencies (EACA), representing Romania and Eastern Europe in Brussels (2012 - 2015, 2017
and presently Treasurer), member of the Board of Directors and vice-president of the American Chamber
of Commerce in Romania (2013 - 2015 and 2016 - 2021), member of TAROM’s Board of Directors (March
2015 - June 2017), non-executive board member of SulNOx Group PLC, president of the Administrative
Council of Foreign Democrats in Romania, coordinator and member of the Steering Committee for Coalition
for Romania’s Development – the “umbrella” group and leading association representing the business
community and trade sections from key foreign embassies in Bucharest.
Radu Mircea Florescu is also active in the field of social responsibility, having a long history of contribution
in local community, presently acting as Member of the Board of Directors for different organizations such
as AIESEC Romania (International Association of Students in Economics), Junior Achievement Program,
OvidiuRo, Principesa Margareta Foundation, ASEBUSS and United Way Romania.
Mr. Gicu Iorga was a non-executive director since 1 May 2017 and Chair of the Strategy and Corporate
Governance Committee.
Mr. Iorga was the Chair of the Strategy and Corporate Governance Committee from May 6, 2021 to January
26, 2024, previously being a member of this committee in the period of May 14, 2018 - February 18, 2019.. He
was a member of the Nomination and Remuneration Committee in the periods November 13, 2017-May 14,
2018, February 18, 2019 - January 28, 2020 and May 13, 2020 - May 6, 2021 and a member of the Audit and
Risk Committee in the periods of December 12, 2018-February 18, 2019 and January 28, 2020-May 13, 2020.
Born in 1958, Mr. Gicu Iorga has an experience of over 35 years in the field of economics and public
administration until November 2023 he held the position of Head of Customs Office within A.N.A.F. – D.G.V
Bucharest.
Most of his professional activity was carried out in institutions such as National Customs Authority, A.N.A.F
– General Customs Directorate, General Public Finances Directorate Bucharest and National Sanitary
Veterinary and Food Safety Authority (A.N.S.V.S.A.).
Starting with April 2017 and until November 2019 Mr. Gicu Iorga held the position of General Secretary within
the Ministry of Energy where he coordinated the good functioning of the departments and functional
activities within the Ministry. Further to that, starting March 2020 and until March 2021 he occupied the
position of Deputy General Secretary within the Ministry of Economy, Energy and Business Environment.
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Four consultative committees support the activity
Climate Governance and Public Policies
- Mr. Iulian Cristian Bosoanca – Member.
Strategy and Corporate Governance Committee:
of the BoD, respectively the Nomination and
Committee since 27 January 2023
Remuneration Committee, the Audit and Risk
Committee, the Strategy and Corporate Governance
Committee and the Climate Governance and Public
Policies Committee each of them composed of three
directors and chaired by one of them. The majority
members of the Nomination and Remuneration
Committee and of the Audit and Risk Committee, as
well as their Chairs, are independent directors.
- Mr. Dragos-Valentin Neacsu – Chair;
- Mr. George Cristodorescu – Member;
- Mr. Iulian Cristian Bosoanca – Member
16 May – 30 July 2023
The consultative committees’ members are
elected for a period of one year. Changes in the
Nomination and Remuneration Committee:
- Mr. Adrian-Florin Lotrean – Chair;
Strategy and Corporate Governance Committee:
- Mr. Marian -Cristian Mocanu - Chair;
- Mr. Gicu Iorga - Chair;
- Mr. Dragos Valentin Neacsu – Member;
- Mr. Dragos Valentin Neacsu – Member;
- Mr. Dumitru Chirita – Member.
- Mr. Adrian-Florin Lotrean – Member.
Climate Governance and Public Policies
Climate Governance and Public Policies
Committee
Committee
- Mr. Dragos-Valentin Neacsu – Chair;
- Mr. Dragos-Valentin Neacsu – Chair;
- Ms. Valentina Elena Siclovan – Member;
- Mr. Radu Florescu – Member;
- Ms. Georgiana Bogasievici – Member.
composition of the committees during this period
- Mr. Radu Mircea Florescu – Member;
- Mr. Iulian Cristian Bosoanca – Member.
At the issue date of this report, the
composition of the BoD Committees is as
follows:
Nomination and Remuneration Committee:
Mr. Dragos-Valentin Neacsu holds a number of 20
According to the available information, there is
no agreement, understanding or family relation
between the directors of the company and
another person who may have contributed to their
appointment as directors.
As of 31 December 2023, among the BoD members,
ELSA shares.
According to the available information, the BoD
members were not involved in litigations or
administrative proceedings regarding their activity
within the company or regarding their capacity to
fulfil their duties within the company in the past five
may intervene with the vacancy of a Board position.
The organization, duties and responsibilities of
each committee are set under ELSA’s Articles of
Association, respectively in the committee Charters
- Mr. Ion Cosmin Petrescu – Member
Audit and Risk Committee:
and in the Company’s Corporate Governance Code.
- Mr. Radu Mircea Florescu - Chair;
The composition of the committees during 2023, as
it follows:
- Mr. Dragos-Valentin Neacsu – Member;
- Mr. Iulian Cristian Bosoanca – Member.
01 January – 15 May 2023
Strategy and Corporate Governance Committee:
- Mr. Gicu Iorga - Chair;
- Mr. Dragos Valentin Neacsu – Member;
- Mr. Adrian-Florin Lotrean – Chair;
- Mr. Marian -Cristian Mocanu – Member;
- Mr. Ion Cosmin Petrescu – Member
Nomination and Remuneration Committee:
- Mr. Adrian-Florin Lotrean – Member.
Audit and Risk Committee:
- Ms. Valentina Elena Siclovan - Chair;
years.
- Mr. Adrian-Florin Lotrean – Member;
- Mr. Ion Cosmin Petrescu – Member.
- Mr. Adrian-Florin Lotrean – Chair;
Climate Governance and Public Policies
- Mr. Radu Mircea Florescu – Member;
Committee
- Mr. Ion Cosmin Petrescu – Member
- Mr. Dragos-Valentin Neacsu – Chair;
Audit and Risk Committee:
- Mr. Radu Mircea Florescu - Chair;
- Mr. Dragos-Valentin Neacsu – Member;
- Mr. Iulian Cristian Bosoanca – Member.
- Mr. Radu Florescu – Member;
- Mr. Iulian Cristian Bosoanca – Member.
31 July – 31 December 20233
Strategy and Corporate Governance Committee:
Nomination and Remuneration Committee:
- Mr. Gicu Iorga - Chair;
- Mr. George Cristodorescu – Member;
- Mr. Adrian-Florin Lotrean – Member.
- Mr. Adrian-Florin Lotrean – Chair;
- Mr. Radu Mircea Florescu – Member;
- Mr. Ion Cosmin Petrescu – Member
Audit and Risk Committee:
- Mr. Radu Mircea Florescu - Chair;
- Ms. Valentina Elena Siclovan – Member;
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4.5 The activity of ELSA’s Board of Directors and of its
consultative committees in 2023
Evaluation of the Board of Directors
Board evaluates annually its activity and that of
its consultative Committees to identify areas of
improvement, and to increase its efficiency. The
• Board coordination;
• BoD committees;
• Interactions between the BoD and the Executive
team;
In 2023, the Board of Directors met 47 times;
Below are presented the Board members’
purpose of the evaluation is to provide members
• Dynamics of the interactions and processes;
of these, 23 meetings were organized with the
attendance (in person, by conference call, or by
physical presence of the members, 6 were held by
e-mail) in the meetings of the Board of Directors
conference call, in accordance with Art. 18 para.
and its committees in 2023.
20 of the company’s Articles of Association and 18
meetings were organized electronically.
Table 11. Participation of the BoD members at the BoD meetings and of the committees meetings in
2023
Name
The Strategy
The Audit
The Nomination
and
The Board of
and Risk
and
Corporate
Directors
Committee
Remuneration
Governance
(no. of
(no. of
Committee
Committee
meetings 47)
meetings -
(no. of meetings
(no. of
31)
- 20)
meetings -
Iulian Cristian Bosoanca
George Cristodorescu
Radu Mircea Florescu
Gicu Iorga
Adrian-Florin Lotrean
Dragos-Valentin Neacsu
Ion-Cosmin Petrescu
Valentina Elena Siclovan
Source: Electrica
47
17
47
46
46
47
47
20
31
-
30
-
-
17
-
14
-
-
20
-
19
-
20
-
30)
12
-
29
30
16
-
-
Climate
Governance
and Public
Policies
Committee
(no. of
meeting – 6)
6
-
6
-
-
6
-
-
of the Board with an overview of their activity,
strengths/weaknesses, performance and the
potential of collective and individual development,
in order to efficiently and effectively fulfil their
responsibilities as members of the Board.
According to the established mechanism, the
evaluation is conducted either with the support of a
consultant or by self-evaluation.
The Board of Directors decided, to conduct
the evaluation of its activity and functioning
• Performance management;
• Strategic Management and Risk Management;
• Innovation and digitalization;
• Sustainability.
Following the evaluation, a detailed summary
was made with the analysis of the result of the
evaluation process. From the analysis of the results
of the questionnaire, it emerged as a general
conclusion that the development of the BoD activity
during the year 2023 took place in good conditions,
during 2023, internally, using a self-assessment
the following being highlighted:
questionnaire, discussed and agreed by Board
members.
• The majority of respondents assessed the overall
activity of the Board during 2023 as good, the
The questionnaire, using a scale of 1 to 5, served to
average marks awarded being between 3 and 5,
perform an assessment of the Board’s activities in
on a scale of 1-5;
the following areas:
• Regarding the performance indicators of
• Specific KPIs as provided in the mandate
the Board members, it was appreciated
agreements (the main objectives defined by
that the target was reached regarding the
the General Meeting of Shareholders: Group
implementation of corporate governance at
strategy, Corporate Governance, Placement
the group level, less in relation to the subsidiary
of financial investments and Investments
BoDs, at the same time new strategies were
achievement in the distribution companies);
developed at the group level;
• Board Efficiency and Ways of Working of the
• Regarding the level of investments made and
Board;
• Board interactions and activities’ dynamics;
• Self-Assessment of each Board member;
• Functioning of the Board Chair;
• Board’s interactions with CEO/Management;
• Board’s interactions with stakeholders
Previously, the evaluation of the Board of Directors
activity in 2022 was carried out with the support of
an external consultant.
The evaluation process focused on the following 11
dimensions relevant to the activity of the Board of
put into operation in 2023, the set/expected
level was reached, creating the conditions for
the future development and improvement of
the results recorded by the subsidiaries (eg: The
second cash pooling scheme was developed,
the mix diversified of financing by activating
some medium-term facilities for investments
of some IFIs Preparation of future issues of
green and sustainability-linked bonds, as well
as an issue of shares, following the inclusion
of Electrica in the FTSE Russell regional/global
indices; The second system of CashPool is
approved and functional);
Directors and the market context of Electrica SA:
• As in previous years, the ability of the Board
• Composition and expertise of the BoD;
• Quality of information and materials;
• Agenda and Board meetings;
to identify developments in the business
environment in which the Company operates
and potential opportunities was exploited, the
general assessment being that the competence
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of analysis and strategic planning is at a higher
workshops on topics of common interest,
report in the Directors’ Report;
• makes recommendations to the Board on the
level;
• Regarding the efficiency and working method of
stimulating interactive participation in periodic
presentations, as well as in market events;
• advises the Board on the appointment and
dismissal of the Chief Executive Officer, makes
the Board, the members appreciated that their
• Board members consider that the functionality
recommendations on the appointment
remuneration of subsidiaries’ board members
and the general limits of remuneration for
subsidiaries’ executive management;
contribution to the development of the company
of the company’s management system can be
and dismissal of the company’s executive
• monitors compensation trends within areas
is substantial, considering further that it is
improved;
management team after consulting with the
relevant to the Group;
necessary to focus on the strategic aspects of
the company. In addition, the current component
of the Board was appreciated as a good one,
which benefits from diversified expertise;
• At the same time, the BoD appreciates as a
critical point the improvement of the interaction
with the company’s subsidiaries in order to
ensure the achievement of the assumed
Chief Executive Officer, and makes proposals on
the appointment and dismissal of subsidiaries’
board of directors members in accordance with
the Group Governance Policy;
• oversees the remuneration process of the
subsidiaries’ chief executive officer and
executive managers according to the
nomination and remuneration policy at the
• Regarding the identification and mitigation of
strategic objectives;
• recommends to the Board policies in the
Group level;
risks, BoD members appreciated that the main
risks and their management mechanisms have
been identified, although some mechanisms are
not under the company’s control;
• The members of the Board appreciated
the personal contribution made by each of
the members in the activity carried out, the
involvement and the impact of the adopted
decisions;
• The communication within the Board is positively
appreciated, regarding the frequency and
intensity of communication, the reduction
of the time affected by physical meetings
and the efficiency of the decision-making
process, the issues addressed as well as the
transparency and sincerity of the dialogue,
and according to the assessment of the BoD
members, the atmosphere from the level of the
Board encourages the expression of all points
of view, of open debates, a fact that constitutes
one of the bases for the substantiation of the
adopted decisions. The decisions were taken by
• Paying more attention to succession planning
at the level of Senior Management as well as
stimulating its implementation remains a point
of interest for the Council in future activity;
• At the same time, the BoD considers it
appropriate to adopt measures that lead to
the improvement of the meeting preparation
process, respectively the size and format of the
materials received.
The Nomination and Remuneration
Committee
The Nomination and Remuneration Committee
consists of three non-executive BoD members, two
of its members are independent.
The role of the Committee is to propose candidates
for the BoD, to develop and propose to the Board the
selection procedure of candidates for the executive
managers’ positions and other management
positions, to recommend the Board candidates
for these positions, to formulate proposals on the
managers’ and other management positions’
consensus, after the expression, discussion and
remuneration.
mediation of contradictory points of view. At the
same time, the activity at the committee level
has significantly improved in this interval;
• Also, the activity submitted by the Chair received
positive assessments from the respondents,
especially regarding the facilitation of an open
and constructive dialogue within the Board
meetings.
The following aspects for improvement were
suggested:
The Committee has the following responsibilities
concerning nomination matters:
• recommends to the Board a nomination policy,
including a target Board profile, the process and
principles to be considered by the shareholders
when proposing candidates for company’s
directors, and advises the Board regarding the
nomination of interim directors in accordance
with the policy;
• It is still necessary to improve communication
with the general public and strategic
communication with shareholders, by running
• reviews the implementation of the nomination
policy, submits a report to the Board on its
implementation and presents a summary of this
human resources field, including those covering
recruitment and dismissal, talent management
and development and succession planning
across the company and its subsidiaries (the
Group);
• verifies at least once a year the number of
mandates held in other companies by the
members of the Board and by the executive
managers, in order to evaluate their
independence;
• recommends to the Board a succession policy,
both for the members of the board and for the
• oversees the annual evaluation process of the
Board of Directors’ activity.
executive team;
• supervises the process of annual evaluation of
the effectiveness of the Council and its advisory
committees;
• periodically assesses the size, composition
and Committee’s structure and makes
recommendations to the Board with regard to
any changes;
• advises the Board on continuous skill
development programmes for Board members
and executive management;
• oversees the nomination process of the
appointment of subsidiaries’ CEOs and executive
managers according to the nomination and
remuneration policy.
The Nomination and Remuneration
Committee met 20 times during 2023, among
the main aspects on which the activity of the
Committee focused, were the following:
• Analysis of ELSA executive managers’ KPIs
achievement for 2022 and establishing of the
KPIs for 2023;
• Supervising the evaluation process of the Board
of Directors’ activity during 2023;
• Endorsing the proposals regarding the
nomination of ELSA Managers and of the
subsidiaries’ Board members;
• Endorsement of the Remuneration Policy for the
Company’s Directors and Executive managers;
The Committee has the following duties a
regarding remuneratione:
The Audit and Risk Committee
The Committee is composed of three non-executive
• advises the Board in relation to the
BoD members, two of them being independent. The
remuneration, incentive and compensation
Committee’s composition provided the necessary
policies of the company;
expertise in finance and risk management,
• advises the Board regarding the periodic review
of the remuneration policy for Board members
and executive managers;
according to legal requirements.
The main role of the Committee is to support
the Board in fulfilling its duties of verifying the
• advises the Board in relation to the remuneration
efficiency of company’s financial reporting, internal
of the CEO and other executive managers,
including the main remuneration components,
annual and long term performance objectives
and regarding evaluation methodology;
control and risk management. While fulfilling this
role, the Committee advises the Board regarding
the assessment of the annual report and annual
financial statements, whether the documents are
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accurate, balanced and comprehensive and provide
• makes recommendations to the Board on
and assesses the associated risks regarding
• advises the Board in monitoring and assessing
all the necessary information for the shareholders’
the appointment, rotation or dismissal of the
such transactions.
evaluation of the financial performance.
company’s external auditor;
The Committee has the following duties in terms of
financial reporting:
• examines and monitors the financial reporting
process, the integrity of annual and interim
financial statements, at standalone and
consolidated levels, or of disclosures made by
ELSA and its subsidiaries;
• reviews press releases announcing financial
or operational results related to or derived
from such financial statements, as well as any
financial information or earning guidance, to be
provided to financial analysts or rating agencies,
by analyzing the fairness and adequacy of the
• reviews the plan, activity and findings of the
external auditor;
• assesses the independence and objectivity
of the external auditor and monitors the
compliance with relevant ethical and
professional guidance, including the
requirements on the rotation of audit partners;
• monitors the application of the legal standards
and generally accepted internal audit standards;
• endorses the internal audit reports, the
recommendations made by the internal
auditors and the plans of measures for the
implementation of the recommendations;
content and presentation of such statements or
• performs any other activities established by the
information;
Board and the law;
• regularly reviews the adequacy of the Group’s
• regularly reviews the adequacy of the key
accounting policies;
• reviewes the financial forecast policy of the
internal control policies, including fraud
detection and bribe prevention policies;
Company and recommends, to approval,
• reviews the operations between affiliated parties
towards Board of Directors;
• reviews and advises the Board on whether the
in accordance with a policy drafted by the
Committee and approved by the Board;
content of the annual report, taken as a whole,
• analyzes the annual report prepared by
represents a fair, balanced and understandable
the Internal Audit Department and/or Risk
account for shareholders and provides them
Management, which evaluates the effectiveness
with the information necessary to assess the
of the internal control system within the Group.
Company’s performance.
Regarding the audit and internal control
matters, the Committee has the following
responsibilitiesi:
The Committee has the following responsibilities
concerning risk management matters:
• reviews regularly the main risks facing the
company and the Group, recommending to the
• endorses, for the Board’s approval, the annual
Board adequate policies for risks identification,
plan at Group level, based on the annual risk
mapping, management and mitigation;
assessment, as well as any significant changes
to the plan and receives periodic reports on
activities, important findings and follow-up of
internal audit reports;
• monitors the main categories of risks that are
recorded annually in the management report
in order to reduce them and to evaluate the
efficiency of the risk management system within
• periodically reviews the charter and internal
the Group;
audit manual and submits them to the Board, for
approval;
• makes recommendations to the Board on
financing methods, including proposals for
• advises the Board on the appointment, dismissal
contracting any type of loans and securities
and remuneration of the Head of Internal Audit
associated with these loans;
Department;
• makes recommendations to the Board regarding
• monitors the adequacy, effectiveness and
major economic transactions within the
independence of the internal audit function;
authority of the General Meeting of Shareholders
The Audit and Risk Committee met 31 times
during 20233, among the main aspects on which
the activity of the Committee focused, being the
following:
• Analysis of the financial statements of ELSA
at standalone and consolidated level for the
financial year of 2022, as well as the financial
statements of company’s subsidiaries for the
financial year of 2022, together with the financial
auditor report and recommendations, issued
during the auditing process;
• ELSA’s budget execution, the consolidated
budget execution and the quarterly financial
results;
• Monitoring of the internal audit plan for 2023
and analysis of its achievement, as well as
the reports submitted by the Internal Audit
Department, proposing recommendations;
• Monitoring the implementation of the
recommendations made by the internal audit
department.
The internal audit activity is carried out by a
structurally separate organizational unit (the
internal audit department), within the Company. To
ensure the fulfilment of its main functions, it reports
functionally to the BoD through the Audit and Risk
Committee and administratively to the CEO.
The Strategy and Corporate Governance
Committee
The Committee is composed of three non-executive
BoD members, holding the necessary expertise in
performing the committee’s specific duties, two of
them being independent. The Committee has the
the Group’s performance in relation to the
approved strategic plan, budgets, investment
plans, industry trends, local and regional
market trends, company’s competiveness and
technological advances;
• periodically reviews the overall strategic
planning process, including the process of
developing the medium-term strategic plan,
makes recommendations on the issues that can
be improved in strategic planning and provides
feedback to the executive management;
• makes recommendations to the Board
regarding the proposed acquisitions,
divestments, investment projects, joint-ventures
and collaboration projects, especially assessing
their alignment with the Group’s strategy;
• performs any other activities or assume
responsibilities regarding strategic matters
which may be delegated periodically to the
Committee by the Board.
Regarding the tasks of the Committee on
restructuring, they mainly relate to the following:
• reviews and makes recommendations to
the Board with respect to the development
and implementation of the Group’s overall
restructuring plans and objectives, including any
decision regarding the conduct or efficiency of
core businesses;
• regularly reviews the organizational structure
and chart of the company, and makes
recommendations to the Board in this regard;
• performs any other activities or responsibilities
on restructuring matters as may be periodically
delegated to the Committee by the Board.
following duties in terms of strategy:
Also, the Committee has duties in terms of
• makes proposals to the Board on the
development of the medium-term strategic
plan, makes recommendations on the strategic
direction, priorities and long term objectives of
ELSA and its subsidiaries;
• reviews management proposals on the Group’s
consolidated annual budget, subsidiaries’
annual budgets, investment plans of the
Group companies and makes relevant
recommendations to the Board;
corporate governance:
• oversees and monitors the company’s
compliance with legal and contractual
obligations on corporate governance, as well
as other applicable corporate governance
principles and makes recommendations to the
Board;
• regularly reviews the company’s Corporate
Governance Code, the Charter of the Board
of Directors and the company’s Articles of
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Association and makes recommendations
to the Board on relevant amendments to the
company’s corporate governance policy and
documentation;
Climate Governance and Public Policies
Committee
The committee is made up of three non-executive
members of the CA, two of them being independent.
• submits the Group Governance Policy to the
The Committee component provided expertise and
• (8) Ensuring the consistent, transparent
• (12) Monitoring and assessing the
communication on the material climate risks
accomplishment rate of the key performance
identified to all stakeholders, especially to
indicators related to the climate goals, and
investors and to the regulatory and supervisory
issuing recommendations for the Board with
authorities, if applicable.
respect to the review of such goals, or to taking
Board for approval and regularly reviews it
understanding of threats and opportunities arising
• (9) Defining a set of long-term performance
sanctioning measures, as applicable;
indicators and some key performance indicators
• (13) Periodically reviewing the internal policies
to help reaching the goal of ”zero impact of
and regulations with an impact on the climate
the greenhouse gas emissions caused by
goals, and drafting recommendations intended
the business of the Electrica Group on the
for the Board in relation to the adequacy of the
environment”, to be submitted to the Board for
investment level within the Group, as those are
approval;
necessary to reach the climate goals within the
• (10) Conveying some recommendations with
set timeframe;
respect to setting the annual targets for the key
• (14) Ensuring a climate of trust, by cooperating
performance indicators set for the executive
with the investors in order to understand
management, following consultations with
their topics of interest and priorities, with the
the executive management and after having
purpose of accomplishing an effective climate
obtained the latter’s commitment;
governance.
• (11) Ensuring the alignment of the methods for
The Climate Governance and Public Policies
rewarding the executive management in order
Committee met 6 times during the year 2023,
to promote the Company’s sustainability and
among the main aspects on which the Committee’s
welfare, on the long term. The Committee shall
activity was focused, including the following:
consider issuing some recommendations to
include the key indicators related to climate
goals within the reward schemes included in the
Remuneration Policy for Directors and Executive
Managers;
– ESG Electrica score report analysis;
– Request to establish the assigned
responsibles for the implementation of the
ESG strategy at Group level;
– Endorsement of the Sustainability Strategy
of the Electrica Group, 2024-2030
thereafter;
from climate change.
• reviews the company’s Delegation of Authorities
policy and the company’s Delegation of
Authority standard in order to ensure that the
delegation of authorities to management allows
for effective and efficient decision-making
process, and makes recommendations to the
Board in this respect;
• reviews the company’s policy for corporate
social responsibility and stakeholder
engagement, and makes recommendations to
the Board in this regard;
• makes recommendations to the Board on
improving the quality of information flows to
the Board, including the improvement of reports
sent, key performance indicators presented
to them, and guidelines for preparing Board
documents and presentations;
• drafts reports or materials related to corporate
governance, upon the Board request.
The committee has the following responsibilities:
• (1) Ensuring the preparation, at Electrica Group
(the Group) level, of the framework required
for implementing initiatives contributing to
compliance with the EU objective of zero
greenhouse gas emissions by 2050, at national
level;
• (2) Implementing at Group level the Principles
of the World Economic Forum for an effective
climate governance, while using corporate
governance for company transition towards a
low carbon emission economy;
• (3) Ensuring long-term resilience for the
companies of the Group in terms of potential
structural changes of the business environment
triggered by the climate changes;
• (4) Providing an optimal mix of know-how,
relevant experience, and capacity to justify the
debates – all necessary for the decision-making
During the year 2023, the Committee met 30 times,
process within the Board, based on a proper
among the main aspects on which the activity of the
knowledge and understanding of the threats
Committee focused, being the following:
and opportunities that arose as a result of the
• Analysis of the opportunities and the efficiency
climate changes;
of investments in different renewable production
• (5) Establishing the most effective way of
capacities and participation in various
competitive processes in this regard;
integrating considerations pertaining to climate
change within the organisational structures of
• Endorsement of the amendments to the ELSA’s
the Company;
Articles of Association;
• (6) Monitoring the provision of a continuous
• Endorsement of the Revenue and Expenditure
assessment process by the executive
Budget for the year 2023;
• Analysis of the revision of the Electrica Corporate
Strategy 2024-2030;
• Endorsement of the Corporate Human Resources
Strategy 2024-2026(2030);
• Endorsement of the of changes to the
Organization Chart;
• Endorsement of the Project and the Merger
Process through the absorption of some
companies (EPE, GECI and EEV1).
management, as well as the materiality of the
risks and opportunities deriving from climate
reasons for the Company on a short, medium,
and long term;
• (7) Ensuring a permanent exchange of opinions
and a continuous dialogue within the industry,
with the decision-makers in terms of public
policies, with the investors, and the other
stakeholders in order to encourage the joint use
of relevant methodologies and the exchange of
information;
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4.6 ELSA’s Executive management
In accordance with ELSA’s Articles of Association, the Board of Directors (BoD) appoints and revokes the CEO,
More details on the in place executive managers’ biographies can be found on ELSA’s website in the section
as well as the other executives with mandates and also approves their empowerments.
- https://www.electrica.ro/en/investors/corporate-governance/executive-management/.
The duties of the company’s directors (including those of the Managing Director) are laid down in the
According to the information held by ELSA, there is no contract, understanding or family relationship
mandate contracts on the basis of which the directors carry out their activities within ELSA, ELSA’s internal
between the executive managers of the Company and another person who may have contributed to their
rules of organisation and operation and the applicable legal provisions.
appointment as executive managers.
During the meetings held on 27 February 2023, 26 April 2023, 24 August 2023, 14 December 2023 and 22
According to available information, ELSA’s executive managers mentioned in this chapter have not been
January 2024, the ELSA Board of Directors decided to extend the term of office granted to Mr. Alexandru -
involved, in the last five years, in any litigations or administrative proceedings related to their activity within
Aurelian Chirita, as interim CEO, under the same conditions. Mr. Chirita’s CEO mandate currently lasts until 31
the company and neither to their capacity to fulfil their work-related duties in the Group.
December 2024 (inclusively).
During the meeting held on 27 February 2023, the ELSA Board of Directors decided to extend the term of
office granted to Mr. Stefan - Alexandru Frangulea, as interim Chief Financial Officer, for a period of 2 years,
until 27 February 2025 (inclusively). Mr. Frangulea’s CFO mandate currently lasts until 27 February 2024
(inclusively).
At its meeting of 14 March 2023, the ELSA Board of Directors decided to appoint Ms. Ioana - Andreea Lambru
as Executive Director of the Business Development Department, starting from 15 March 2023, for a period of 4
years.
On 27 June 2023, the Board of Directors took note of the fact that on 1 June 2023, the contract of mandate of
the Director of Information Technology, Mr. Mircea Modran, effectively terminated on the expiry of the four-
year term.
Following these changes, during 2023, ELSA’s executive directors, appointed under the terms of office, are
presented in the table below.
Table 12. ELSA’s Executive management during 2023, appointed on the basis of mandate contracts
Name
Function
The Executive Manager’s mandate
Alexandru-Aurelian Chirita
Chief Executive Officer
17 May 2022 – 31 March 2024
Stefan Alexandru Frangulea Chief Financial Officer
4 January 2022 – 27 February 2025
Livioara Sujdea
Chief Distribution Officer
1 February 2017 – 31 January 2021, the
mandate being renewed for a period of
4 years, respectively 1 February 2021 -
31 January 2025
Mircea Toma Modran
Chief IT & C Officer
1 June 2019 - 1 June 2023
Ioana Andreea Lambru
Business Development Officer
15 March 2023 – 14 March 2027
Source: Electrica
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Alexandru-Aurelian
Chiriță
• Chief Executive Officer (CEO)
•
• Starting on 2 June 2023 - Interim Chief Information
17 May 2022 – 31 December 2024
Officer (CIO)
Ștefan-Alexandru
Frangulea
• Chief Financial Officer (CFO)
• 04 January 2022 – 27 February 2025
Starting with 4 January 2022, Mr. Ștefan
Alexandru Frangulea has taken over the position
of Chief Financial Officer, his mandate being until
27 February 2025 (inclusively).
Ștefan-Alexandru Frangulea has 20 years
of experience in the financial-banking and
energy sectors, in areas such as: corporate
banking, corporate treasury, corporate finance,
strategy, financial and capital markets, general
management, business development, having
held various executive and management
positions.
A graduate of the Academy of Economic
Studies, Finance, Banking, Insurance and Stock
Exchanges as well as the professional Executive
MBA programs of the Wirtschaftsuniversität Wien
(WU) and IEDC Bled School of Management,
Ștefan joined the Electrica team in February
2018 as Director of the Department Treasury,
Debt Collection and Credit Risk Management,
subsequently changed following the
modification of the organizational chart to
Director of the Treasury Department (Head of
Treasury).
Ștefan-Alexandru Frangulea is one of the
founding members and currently Vice-President
of the Board of Directors of the Association of
Treasurers from Romania (ATR), the professional
organization of corporate treasurers in our
country, affiliated to the European Association of
Corporate Treasurers (EACT) and International
Group of Treasury Associations (IGTA). Also he
is a member of the Association of Independent
Administrators from Romania.
Alexandru Chiriță is a professional with a
substantial experience in the legal and energy
fields. He earned his Bachelor’s degree from the
Faculty of Law at the University of Bucharest
in 2008, and subsequently dedicated nearly a
decade to practicing law.
Throughout his career, he has amassed
comprehensive expertise in consultancy on
various legal matters, encompassing corporate
law, commercial transactions, and litigation. His
profound understanding of legal frameworks,
coupled with his aptitude for devising and
executing effective legal strategies, has been
instrumental in achieving organizational
objectives.
Alexandru Chiriță’s multidisciplinary background
is evident in his academic accomplishments. He
holds a Master’s degree in Law and European
Governance from the National School of Political
and Administrative Studies (SNSPA), a Master’s
degree in European Union Law, and a Bachelor’s
degree in Law from the Faculty of Law at the
University of Bucharest. He is currently pursuing a
Doctorate in Administrative Sciences at SNSPA.
As an active member of the professional
community, Alexandru Chiriță participates in
several organizations, such as The International
Association of Privacy Professionals, the
European Law Institute, the United Nations
Association of Romania, and the Romanian
Arbitration Institute.
Before joining Electrica, he held the positions of
Legal Manager and Data Protection Manager at
Hidroelectrica. In these capacities, he formulated
and executed legal and data protection
strategies, ensuring compliance with regulatory
mandates, managing litigation and disputes,
and supervising contract negotiations. His legal
acumen and experience have proven invaluable
in his role as CEO of Electrica, a position he has
held since May 2022.
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Ioana Andreea Lambru
• Chief Business Development Officer (CBDO)
•
15 March 2023 – 14 March 20277
Starting from March 15, 2023, Ms. Ioana-Andreea
Lambru took over the position of Business
Development Executive Officer, for a period of 4
years.
Ms. Lambru is a graduate of the Faculty of
International Financial-Banking Relations at the
Romanian American University.
With over 10 years of professional experience
in public administration, Ms. Ioana-Andreea
Lambru was, for the last 6 years before joining
the Electrica team, the Chair of the Supervisory
Board of Hidroelectrica company.
Livioara Şujdea
• Chief Distribution Officer
•
• Starting on 3 January 2022 - Interim Chief People
1 February 2017 – 31 January 2025
Officer (CPO)
Starting from 1 February 2017, Ms. Livioara Şujdea
took over the position of Distribution Executive
Director, for a period of 4 years. Following her
reconfirmation in this role, Ms. Şujdea’s second
mandate began on 1 February 2021, for another
period of 4 years. Between 2017 and 2021, she
was a Member of the Boards of Directors of the
Electrica’s Group Distribution companies.
With over 26 years of experience in the energy
field, of which, 15 years in top management
positions within large electricity and gas
companies, Livioara Șujdea previously held
various positions including Deputy General
Director and Board Member of E .ON Moldova
Distributie, E.ON Gas Distributie, E.ON Distributie
Romania, Director of Operation and Maintenance
in Delgaz Grid, Deputy General Director and
Board Member at E.ON Energie.
Livioara Șujdea is a graduate of the “Gheorghe
Asachi” Technical University in Iasi – Faculty of
Electrical Engineering, majoring in Energetics,
where she also holds a master’s degree in
management and Commercial Engineering.
She also holds an Executive MBA specializing
in General Management at the University
of Sheffield UK and a Diploma in Strategic
Management and Leadership at the Chartered
Management Institute London UK (CMI).
Livioara Șujdea has extensive experience in
corporate reorganization, mergers and post-
merger integration, business optimization,
regulatory affairs, transformation processes,
operational excellence, change management
and performance management.
She is a member of the Professional Women
Network and the Association of Independent
Administrators, she graduated the
Competencies for Effective Boards Program,
Women on Boards Academy, The Henley Board
Program, Saïd Business School, University of
Oxford Artificial Intelligence Programme and
Organizational Leadership at ESMT Berlin.
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4.7 Remuneration of the Directors and of the Executive
Managers with mandate agreements
Table 13. ELSA’s compliance with the provisions of the BSE Corporate Governance Code
No.
Provisions of the BSE Corporate
Governance Code
Other remarks
The remuneration of administrators and executive
The remuneration policy has the following
directors within Electrica is carried out in
objectives urmatoarele obiectivele:
Section A
Responsibilities
accordance with the provisions of the Remuneration
Policy for Administrators and Executive Directors
(Policy) which was approved by the Ordinary
General Meeting of Shareholders (AGOA).
The last revision of the Policy was approved during
the AGOA on 27 April 2023 without any changes to
the remuneration limits previously established by
the GMS for Directors and Executive Directors. The
amendments cover some additions, in order to
present in a transparent manner, the elements of
fixed and variable remuneration, including financial
and non-financial benefits, in any form, which are
granted to the directors.
In developing the Remuneration Policy, good
practices used internationally and nationally for
similar companies were taken into account, as
identified after the listing of the company.
The remuneration policy for directors and executives
is reviewed annually by the NRC and describes the
main pillars of remuneration, as well as the terms,
conditions and non-financial benefits approved by
ELSA’s corporate bodies.
• setting clear remuneration thresholds and
guidelines;
• establishing the remuneration structure;
• ensuring the correlation between the
remuneration levels within ELSA.
Starting with 2022, the Company has prepared and
published annually the Remuneration Report for
Directors and Executive Directors , in accordance
with the provisions of Law 24/2017 on issuers of
Financial instruments and market operations. The
annual Report is approved at the Electrica Ordinary
General Meeting of Shareholders (OGMS) (https://
www.electrica.ro/en/investors/general-meetings-
of-shareholders/), with the aim of presenting an
overview of the remuneration and benefits granted
and/or owed during the last financial year, to the
managers individually, including new recruits
and former managers in accordance with the
Company’s remuneration Policy.
4.8 Statement regarding the corporate governance
“Comply or Explain”
The present Statement reflects ELSA’s status of
column has been removed from the table below. Also,
compliance with the new BSE Corporate Governance
since the Compliance status is YES in all sections, the
Code as of 29 February 2024.
column „YES/NO/PARTIALLY” is no longer present in
the table below:
Note: considering the fact that there are no mentions
for “Reason for non-compliance”, the corresponding
A.1.
All companies must have an internal
Board regulation which includes the
terms of reference/responsibilities of
the Board and the key management
functions of the company, and which
applies, among other things, the General
Principles of this Section.
• The company had elaborated ever since February 2015
ELSA’s Corporate Governance Code (ELSA’s CGC) that
included the Articles of Association of the Company, the
rules of organization and functioning of the BoD and of
its committees. All these documents mentioned above
contain the terms of reference/the responsibility of BoD,
as well as those of the key management functions of
the company.
• In 2016, the Board carried out an extensive project
to review the Articles of Association and the
above-mentioned regulations in order to detail the
responsibilities of the Board, of its committees and
of the management team, taking into account the
recommendations made in the Evaluation Report of the
Board’s activity in the previous year.
• In recent years, these documents have undergone
successive revisions to align with domestic and
international best practices.
• In 2022, the Board of Directors (“BoD”) started a project
to revise the Articles of Association of Societatea
Energetica Electrica S.A. with the purpose of increasing
corporate governance standards, focused on: ï ensuring
full compliance with all relevant legal provisions,
especially by referring to the legislative changes that
occurred after the last general review of the Articles
of Association; ï clarifying the provisions susceptible
to interpretations and, implicitly, generating a risk of
non-compliance; ï incorporating the latest unbundling
trends and practices.
• At the same time, an internal consultation process
was carried out regarding the amendment of the
Articles of Association. The resulted proposed changes,
in principle, aim to: - the addition of CAEN codes
necessary for Electrica to provide a series of services
for the benefit of its subsidiaries; - the correlation,
from a terminological point of view, of the provisions
of the Articles of Association with the changes in the
legislation specific to the capital market; - aligning
the provisions of the Articles of Association with the
relevant legal provisions, especially by referring to the
legislative changes that occurred after the last general
revision of the Articles of Association; - updating with
provisions regarding all the committees organized
within the BoD, respectively regarding the Strategy and
Corporate Governance Committee; - clarification of the
granting of mandates necessary to express the vote in
the general shareholders’ meetings of the subsidiaries
directly owned by the Company; - flexibility of the
decision-making mechanism, etc.
• The most recent versions of the Articles of Associations,
ELSA’s CGC and the Charter of the BoD and its
Committees are available on the company’s website in
the section Investors -> Corporate Governance.
• The last update of ELSA’s CGC took place in July 2020,
and the last update of the Articles of Association was on
22 November 2023.
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Other remarks
A.2.
A.3.
A.4.
Provisions for the management of
conflict of interest should be included in
the Board regulation.
Such provisions are mentioned in ELSA’s CGC, in the Articles
of Association, in the Code of Ethics and Professional
Conduct, and in the BoD organization and functioning
regulation.
The current version of the Code of Ethics and Professional
Conduct entered into force on 1 January 2022 and is
available on the company’s website in the section Investors
-> Corporate Governance -> Corporate policies and other
documents
The Board of Directors must consist of at
least five members.
ELSA’s BoD consists of seven members since 14 December
2015.
The majority of the members of the
Board of Directors must have no
executive function. In the case of
Premium Companies no less than two
non-executive members of the Board of
Directors should be independent. Each
independent member of the Board of
Directors should submit a declaration
at the time of its nomination for election
or re-election as well as when any
change in its status occurs, indicating
the elements on the basis of which it is
considered independent in terms of its
character and judgement and according
to the following criteria:
A.4.1. is not the General Manager/
Executive Director of the company or a
company controlled by it and has not
held such a position for the past five (5)
years;
A.4.2. is not an employee of the company
or a company controlled by it and has
not held such a position for the past five
(5) years;
A.4.3. does not and did not receive
additional remuneration or other
advantages from the company or from
a company controlled by it, other than
those corresponding to the quality of a
non-executive director;
A.4.4. is not or has not been an
employee or has not had a contractual
relationship, during the previous year,
with a significant shareholder of the
company, shareholder who controls
more than 10% of voting rights or with a
company controlled by him;
All the members of ELSA’s BoD are non-executive.
According to the Articles of Association, at least four out of
seven members must be independent. The independence
criteria stipulated in the Articles of Association are similar
and even more restrictive than those in the BSE’s Corporate
Governance Code. Currently, four out of seven members
are independent. All independent members submitted
a declaration of independence, at the time of their
appointment by the OGMS. Details can be found in their
biographies, available on the company’s website, in the
Investors > Corporate Governance section > the Board of
Directors.
A.4.5. does not have and did not
have in the previous year a business
or professional relationship with the
company or with a company controlled
by it, either directly or as a customer,
partner, shareholder, member of the
Board/Administrator, General Manger/
Executive Director or employee of a
company if, by its substantial nature, this
report may affect its objectivity;
A.4.6. is not and has not been for the
last three years the external or internal
auditor or partner or associate employee
of the current external financial or
internal auditor of the company or a
company controlled by it;
A.4.7. is not the general manager/
executive director of another company
where another general manger/
executive director of the company is a
non-executive director;
A.4.8. has not been a non-executive
director of the company for more than
twelve years; A.4.9. has no family ties to
a person in the situations mentioned in
points A.4.1. and A.4.4..
Other relatively permanent professional
commitments and obligations of a Board
member, including executive and non-
executive Board positions in companies
and not-for-profit institutions, must be
disclosed to shareholders and potential
investors before appointment and during
his/her term of office.
The professional background of the proposed candidates,
as well as of the current Board members are available
on ELSA’s website in the Investors > General Meeting
of Shareholders > 2024 GMS > General Meeting of
Shareholders as of 26 January 2024 section. Their
biographies contain all the relevant information requested
by this provision of the Code. The updated biographies
of each member of the Board are presented annually in
the Directors’ Report and on the company’s website in
the section Investors > Corporate Governance > Board of
Directors.
Any member of the Board should
submit to the Board information on
any relationship with a shareholder
who holds, directly or indirectly, shares
representing more than 5% of all voting
rights.
When a Board member has entered into a relation with
a shareholder who directly or indirectly holds shares
representing more than 5% of all voting rights, he/she
promptly informed the entire Board.
The company should appoint a Board
secretary responsible for supporting the
Board’s work.
The company has established the General Secretary
Department, which is directly subordinated to the Board of
Directors.
The corporate governance statement
will inform whether an evaluation of
the Board has taken place under the
leadership of the chair or the nomination
committee and, if so, will summarize the
key measures and changes resulting
from it. The company should have a
policy/guide regarding the evaluation of
the Board including the purpose, criteria
and frequency of the evaluation process.
This provision was applied starting with 2015, the BoD
carrying out an annual assessment process of its activity
with the support of an external consultant (in 2015, 2017,
2020 and 2022), or using a self-assessment questionnaire
(in 2016, 2018, 2019 and 2021).
More details are provided in the 2015-2017 Annual Reports
in chapters 6.1 and 6.2, for 2018 and 2019, 2020, 2021 2022
and 2023 in chapter 4.5..
A.5.
A.6.
A.7.
A.8.
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Other remarks
A.9.
A.10.
A.11.
The corporate governance statement
must contain information on the number
of meetings of the Board and committees
during the last year, directors’ attendance
(in person or absent) and a report of the
Board and committees on their activities.
Details regarding the compliance with this provision
are presented in the Annual Report, in the Corporate
governance chapter. For 2023, please see chapter 4.5. of
the Annual Report.
The corporate governance statement
must contain information on the exact
number of the independent members of
the Board of Directors.
The Board of Premium Companies
must set up a nomination committee
of non-executive members that will
lead the procedure of nomination of
new members to the Board and will
make recommendations to the Board
on the appointment and the revocation
of the Chief Executive Officer and the
management team. The majority of the
members of the nomination committee
must be independent.
Four out of seven members of the BoD are independent
and this is specified in the Annual Report. More details are
provided in the Annual Report for 2023 in chapter 4.4.
On ELSA’s website, in the section Investors > Corporate
Governance > Board of Directors, it is specified exactly
which members are independent.
The Articles of Association and ELSA’s CGC highlight
the existence of this committee (Nomination and
Remuneration Committee - NRC), its members and
responsibilities.
The NRC composition is reviewed annually, in accordance
with the NRC organization and functioning regulation
(Charter) and at the beginning of each new mandate
of a new member of the BoD. In May 2021, its structure
was revised according to the changes that occurred
in the board structure. According to the NRC’s Charter,
in December 2021 the current structure of the NRC was
established, two of the members being independent.
In 2023, the RNC component established in 2022 was
squared. Following the election of new members in BoD
Electrica in January 2024, starting February 12, 2024, NRC
has a new component. Details of the composition of the
RNC are given in Chapter 4.4. of the Annual Report for 2023.
Section B
Risk management and internal control
system
B.1.
The Board must set up an audit
committee in which at least one
member must be an independent
non-executive director. A majority of
members, including the Chair, must
have proven that they are adequately
qualified relevant to the functions and
responsibilities of the committee. At least
one member of the audit committee
must have proven and appropriate
audit or accounting experience. In the
case of Premium Companies, the audit
committee must consist of at least three
members and the majority of the audit
committee must be independent.
The Articles of Association and ELSA’s CGC highlight the
existence of this committee (Audit and Risk Committee -
ARC), its structure and responsibilities.
The ARC structure is reviewed annually, according to ARC
Charter and at the beginning of each new mandate of the
BoD.
In May 2021, its structure was revised according to changes
in the BoD structure. In accordance with the ARC Charter,
the current composition of the ARC was voted in December
2021, in which two of the members are independent, and
was held until 1 August 2023. Starting 1 August 2023 a
new composition of the ARC started its mandate until 26
January 2024. Following the election of new members in
BoD Electrica in January 2024, starting February 12, 2024,
ARC has a new component. Details are presented in
chapter 4.4..
B.2.
The Chair of the audit committee must
be an independent non-executive
member.
On the 6 May 2021 and subsequently, on 15 December
2021 and on 20 December 2022, Mr. Radu Mircea Florescu,
independent non-executive board member was elected
and respectively re-elected as Chair of the Audit and Risk
Committee. Mr. Florescu was Chair until 26 January 2024.
At the date of this Report, the Chair of the Audit and Risk
Committee is Ms. Valetina Elena Siclovan starting with 12
February 2024.
B.3.
B.4.
B.5.
Among its responsibilities, the audit
committee must carry out an annual
assessment of the internal control
system.
The assessment must consider the
effectiveness and purpose of the
internal audit function, the adequacy
of risk management and internal
control reports submitted to the audit
committee of the Board, the promptness
and effectiveness with which the
executive management solves the
deficiencies or weaknesses identified as
a result of the internal control and the
submission of relevant reports to the
Board’s attention.
The audit committee must assess
conflicts of interests in connection with
the transactions of the company and its
subsidiaries with related parties.
B.6.
The audit committee must assess the
effectiveness of the internal control
system and risk management system.
According to the organization and functioning regulation,
the Audit and Risk Committee (ARC) has the following
responsibilities on internal control issues:
(i) regularly review the adequacy and implementation of
key internal control policies, including fraud detection and
bribery prevention policies;
(ii) reviewing related parties transactions in accordance
with a policy developed by the Committee and approved
by the Board;
(iii) analysis of the annual report prepared by the Internal
Audit Department and/or Risk Management Department
assessing the effectiveness of the internal control system
within the Group.
Such reports are annually presented. The assessment
report for 2022 specified in the CGC was presented and
discussed by the Audit and Risk Committee in the meeting
on 28 February 2023.
The 2023 report will be discussed during the meeting on
29 April 2024.
The assessment is carried out annually. The assessment
report for 2022 specified in the CGC will be presented and
discussed by the Audit and Risk Committee during at its
meeting on 24 March 2023.
The date of analysis of the report in question has not been
set for the 2023 Report.
The ARC has at least the following responsibilities on risk
management issues:
(i) regularly review of the main risks to which the company
and the Group are exposed, recommending to the Board
appropriate policies for identifying, mapping, management
and risk reduction;
(ii) annual analysis of a management report that assesses
the effectiveness of the risk management system within the
Group.
Based on the ARC Charter’s provisions, the evaluation
report for the year 2022 was presented and discussed by
the Audit and Risk Committee at its meeting on 27 February
2023.
Based on the ARC Charter’s provisions, the evaluation
report for the year 2023 was presented and discussed by
the Audit and Risk Committee at its meeting on 28 February
2024.
Details regarding the ARC activity for year 2023 are
presented in chapter 4.5 of the Annual Report.
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Section C
Fair rewards and motivation
B.7.
B.8.
B.9.
B.10.
B.10.
B.11.
B.12.
The audit committee must monitor
the application of legal standards
and generally accepted internal audit
standards. The audit committee must
receive and assess the reports of the
internal audit team.
Whenever the Code mentions reports
or analysis initiated by the Audit
Committee, these must be followed
by regular (at least annual) or ad-hoc
reports to be submitted to the Board
afterwards.
No shareholder may be granted
preferential treatment over other
shareholders with regards to
transactions and agreements concluded
by the company with shareholders and
their related parties.
The Board must adopt a policy to ensure
that any transaction of the company
with any of the companies with which
it has close relations whose value is
equal to or more than 5% of the net
assets of the company (according to
the latest financial report), is approved
by the Board following a mandatory
opinion of the Board’s audit committee
and fairly disclosed to shareholders
and potential investors, to the extent
that these transactions fall under the
category of events subject to reporting
requirements.
Internal audits must be carried out by
a separate structural division (internal
audit department) within the company
or by hiring an independent third-party
entity.
In order to ensure the performance
of the main functions of the internal
audit department, it must report
functionally to the Board through the
audit committee. For administrative
purposes and within the framework of
management’s obligations to monitor
and reduce risks it must report directly to
the chief executive officer.
The ARC has the following responsibilities on internal audit
issues:
(i) approval of an annual audit plan at Group level, based
on an annual risk assessment, as well as any significant
changes to the plan and receipt of periodic reports on
activities, key findings and follow up of internal audit
reports;
(ii) advising the Board on the appointment, revocation and
remuneration of the Head of Internal Audit Department;
(iii) monitoring the adequacy, effectiveness, and
independence of the internal audit function.
Details regarding the ARC activity are presented in
chapter 4.5 of the Annual Report.
ARC reports periodically to the BoD.
C.1.
Provisions on this matter are included in ELSA’s CGC and in
the Policy on Transactions with Related Parties.
The Policy regarding the transactions with Related Parties,
has been updated in July 2020 and covers all the required
aspects.
The internal audit is carried out by the Internal Audit
Department, a structurally separate entity.
The Internal Audit Department reports functionally to the
BoD through the ARC, while administratively reports to the
CEO.
The company must publish on its
website the remuneration policy, and
include in its annual report a statement
of the remuneration policy during
the annual period under review. The
remuneration policy must be formulated
in such a way as to allow shareholders
to understand the principles and
arguments underlying the remuneration
of the members of the Board and the
CEO, as well as the members of the
Management Board in two-tier board
systems. It should describe how the
process is managed and decision-
making on remuneration, detail the
components of executive management
remuneration (such as salaries, annual
bonus, long term incentives related to
the value of shares, benefits in kind,
pensions, and others) and describe the
purpose, principles and assumptions
underlying each component (including
general performance criteria for any
form of variable remuneration). In
addition, the remuneration policy must
specify the duration of the executive
manager’s contract and the notice
period provided for in the contract as
well as any compensation for revocation
without just cause. The remuneration
report must present the implementation
of the remuneration policy for the
persons identified in the remuneration
policy during the annual period under
review.
Any essential change in the
remuneration policy must be published
in a timely manner on the company’s
website.
In accordance with Law 24/2017, as amended and
subsequently supplemented by Law no. 158/2020 (Art.92
^ 1), on 28 April 2021, ELSA GMS approved the updated
Remuneration Policy for Directors and Executive Managers,
in which all the aspects stipulated by this statement
are detailed. This policy was subsequently updated and
approved by the OGMS on 20 April 2022.
The Remuneration Policy for Directors and Executive
Managers is available on ELSA website, under Investors
> Corporate Governance > Corporate Policies and other
documents.
In previous years, issues related to the implementation
of the Remuneration Policy were presented in the annual
report. For the year 2021 ELSA has prepared a report on the
remuneration of the administrators and executive directors
to be submitted to the consultative vote of the ELSA GMS,
according to the applicable legislative provisions. Also, for
2022, this report will be submitted for the consultative vote
of the OGMS on 27 April 2023. Also, for 2023, this report will
be submitted to the consultative vote of the GSM on 25
April 2024.
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Section D
Building value through investors’
relations
The company must have an Investor
Relations function – indicating to the
public the person(s) responsible or the
organizational unit. In addition to the
information required by legal provisions,
the company must include on its website
a section dedicated to Investor Relations,
both in Romanian and English, with
all relevant information of interest to
investors, including:
D.1.1. Main corporate regulations: the
articles of association, the procedures
regarding the general meetings of
shareholders.
D.1.2. Professional CVs of members of the
company’s management bodies, other
professional commitments of the board
members, including executive and non-
executive positions on board of directors
of companies or non-profit institutions
D.1.3. Current and periodic reports
(quarterly, semi - annual and annual
reports);
D.1.4. Information related to general
meetings of shareholders; D.1.5.
Information on corporate events;
D.1.6. The name and contact details of
a person who should be able to provide
relevant information upon request;
D.1.7. Corporate presentations (e.g.
investors presentations, quarterly results
presentations, etc.), financial statements
(quarterly, semi - annual, annual), audit
reports and annual reports.
The company will have a policy on the
annual distribution of dividends or other
benefits to shareholders, proposed
by the CEO or the Management Board
and adopted by the Board, in the
form of a set of guidelines that the
company intends to follow regarding the
distribution of net profit. The principles
of the annual distribution policy to
shareholders will be published on the
company’s website.
D.1.
D.2.
The company has both an Investor Relations department
and a section dedicated to Investor Relations on its website
(in both Romanian and English). All relevant information for
investors is published under the Investors section on ELSA’s
website.
Electrica was appreciated for the third consecutive year
in 2022 with the maximum grade in the Vektor evaluation,
Vektor being the indicator of the communication with
investors for listed companies
The BoD last revised the Dividends Policy at its meeting
on 24 May 2022. It is published on ELSA’s website, in the
Investors > Corporate Governance > Corporate Policies and
other documents section.
The company will adopt a policy
regarding the forecasts, whether they
are made public or not. The forecasts
refer to quantified conclusions of studies
aimed at determining the overall impact
of a number of factors for a future
period (so called assumptions): by its
nature, this projection has a high level
of uncertainty, the actual results may
differ significantly from the forecasts
initially presented. The forecast policy
will determine the frequency, period
envisaged and the content of the
forecasts. Forecasts, if published, may
only be part of annual, semi -annual or
quarterly reports. The forecast policy
should be published on the company’s
website.
The rules of general meetings of
shareholders should not limit the
participation of shareholders in general
meetings and the exercise of their rights.
Changes to the rules will take effect
at the earliest, starting with the next
general meeting of shareholders
The BoD last revised the Forecasts Policy in its meeting
on 14 February 2018. It is published on ELSA website, in the
Investors > Corporate Governance > Corporate Policies and
other documents section.
ELSA rules and procedures that establish the framework
for the organization and conduct of general meetings of
shareholders are part of ELSA’s Policy on organizing and
running the General Meetings of Shareholders, available
from the beginning of 2020 and in its nmost updated form
from August 2020, in electronic form on ELSA website in
the section Investors > Corporate Governance > Corporate
Policies and other documents.
Also, the rules of general meetings of shareholders
are mentioned in each convening notice, published in
accordance with the legal and statutory requirements
approximately 45 days before each meeting.
Additionally, to facilitate the non-discriminatory
participation of all shareholders to the GMS meetings,
including remotely, Electrica implemented, starting with
2022, a platform for participating and voting online for the
GMS (for the shareholders that are present in the meeting
room or remotely, through electronic means), system used
in meetings.
The external auditors should attend the
general meetings of shareholders when
their reports are presented.
External auditors attend each OGMS in which the financial
situations and annual reports are approved.
The Board will present to the annual
general meeting of shareholders a
brief assessment of the systems of
internal control and significant risks
management, as well as opinions on
issues subject to the decision of the
general meeting.
The directors’ annual report, presented to the annual
general meeting of shareholders together with the
financial statements, contains the BoD’s assessments
on the systems of internal controls and significant risk
management.
As a practice, all the documents subject of the GSM
approval are endorsed by the BoD; this is clearly stated in
the documents presented to the shareholders.
D.3.
D.4.
D.5.
D.6.
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actions on the following main directions:
see chapter 4.4.
which the organization operates, through concerted
members and the election of its members, please
Any professional, consultant, expert
or financial analyst may attend the
shareholders’ meeting on the bases
of a prior invitation from the Board.
Accredited journalists may also attend
the general meeting of shareholders,
unless the Chair of the Board decides
otherwise.
The quarterly and semi-annual financial
reports will include information in both
Romanian and English on key factors
influencing changes in sales levels,
operating profit, net profit and other
relevant financial indicators, both from
quarter to quarter as well as from one
year to another.
A company will hold at least two
meetings/teleconferences with analysts
and investors each year. The information
presented on these occasions will
be published in the investor relations
section of the company’s website at the
date of the meetings/teleconferences.
If a company supports different forms
of artistic and cultural expression, sport
activities, educational or scientific
activities, and considers that their
impact on the innovative character and
competitiveness of the company part of
its mission and development strategy,
it will publish the policy regarding its
activity in this area.
D.7.
D.8.
D.9.
D.10.
Source: Electrica
In this respect, the agreement of the shareholders present
at the General Meetings was requested each time it was
the case.
The quarterly and half-yearly financial reports can
be consulted on the company’s website in the section
Investors> Results and Reports> Financial results and fulfil
all the requirements.
ELSA organizes quarterly teleconferences with analysts
and investors and publishes presentations and audio
recordings of the teleconference on the ELSA website, in the
section Investors > Results and Reports > Presentations and
other information.
Information regarding the CSR activities can be found
online on the company’s website, in the CSR section.
The projects and activities supported each year are
presented in ELSA’s annual Sustainability Reports, available
on the ELSA website, in the section CSR > Non-financial
Reporting.
4.9 Implementing action plans undertaken by signing the
framework agreement with EBRD
The company’s initial public offering and
the sustainability principles at Group level.
dual listing process involved the signing of a
framework agreement with the European Bank for
As for the development of a culture of integrity
Reconstruction and Development (EBRD), which
and compliance at Electrica Group level, in line
includes action plans aiming at key dimensions for
with the EBRD standards, the year 2023 meant
the company’s transformation: developing a culture
maintaining the compliance framework from an
of integrity and compliance, adopting best practices
ethical perspective and updating it in accordance
regarding corporate governance and incorporating
with the evolutions of the social and legal context in
• maintaining the organizational structures
dedicated to ethics and compliance;
Nomination and Remuneration Policies
• monitoring the compliance in relation to the
framework defined by the Code of Ethics and
Professional Conduct and subsequent policies
and procedures.
Having mainly a preventive role in relation to
the risks to which the organization is exposed,
compliance adds value to each business,
but in order to be effective, the compliance
framework must be adapted to the organization
transformations and to be aligned permanently with
legislative changes, external environment trends
and business ethics’ best practices.
The information and awareness activities regarding
the provisions of the compliance framework from
the ethical perspective of the organization’s staff
were carried out exclusively through the online
environment.
ELSA uses nomination and remuneration principles
in accordance with best practices for the
appointment and remuneration of directors and
executive management. In this respect, the Profile
of the Board of Directors and the Policy for recruiting
and nomination of the candidates for executive
management were elaborated.
The remuneration policy for directors and executives
of ELSA (Policy) is reviewed periodically by the
nomination and remuneration Committee and
describes the main pillars of remuneration as well
as the terms, conditions and non-financial benefits
approved by ELSA’s corporate bodies.
As a result of the change of the European and
national legal framework, according to the
European Directive no. 828/2017, transposed into
national legislation by Law no. 24/2017, as it was
subsequently amended and supplemented by
Law no. 158/2020 (Art.92^1). The Policy was revised
Regarding the organizational structures dedicated
and approved at the ordinary General meeting of
to ethics and compliance, these exist at each
shareholders (OGMS), presenting transparently
company level from the Group.
The action plan regarding corporate governance
The implementation of the Corporate Governance
Action Plan, assumed as part of the Framework
Agreement with EBRD, has been considered since
the IPO and the company’s listing. The standards
and measures it envisaged have been implemented,
maintained and continuously monitored.
Selection of independent directors
The EBRD guidelines were included in ELSA’s Articles
of Association adopted on 4 July 2014, being
maintained in the context of increasing the total
number of directors from five to seven, by adopting
the Extraordinary General Meeting of Shareholders
decision from 10 November 2015; out of the seven
directors, four must meet the independence criteria.
For details about ELSA’s Board of Directors, its
the elements of fixed and variable remuneration,
including financial and non-financial benefits, in
any form, that may be granted to Directors.
In the year 2023, no changes were made to
the Policy; the remuneration limits previously
established by the General Shareholders’ Meeting
(GMS) for Administrators and Executive Directors
remain unchanged.
Starting from 2023, the company has published
the Remuneration Report for Administrators and
Executive Directors for the year 2022, in accordance
with the provisions of Law 24/2017 regarding issuers
of financial instruments and market operations. The
report was approved during the Ordinary General
Shareholders’ Meeting (OGMS) Electrica on 27 April
2023 and can be accessed at the following link:
[Remuneration Report for Directors and Executive
Managers of Electrica, for 2022]. The purpose of the
report is to provide an overview of the remuneration
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and benefits granted and/or due during the
processes, subprocesses, and activities conducted,
last financial year to the executives individually,
the workflow for reporting, and the establishment
including newly recruited and former executives, in
of responsibilities and dedicated competencies are
accordance with the company’s Policy.
described.
guaranteed by Electrica S.A. for financing DEER’s
assessment for the investment projects included in
CAPEX Plan 2021 – 2023. The revised ESAP includes
the CAPEX Plan. If DEER is to develop and implement
the following actions, their status of implementation
impact assessments under national legislation for
being also mentioned in the following section.
investment projects targeting certain installations,
For details regarding the remuneration of the Board
Code of Conduct
members and of the executive management of
ELSA, please see chapter 4.7.
EBRD requirements are covered by the Code of
Ethics and professional Conduct. Regarding the
Advisory Committees of the Board of Directors
Whistleblowing Policy, it has been updated and is
In order to increase the effectiveness of its
available on the company’s website.
activity, ELSA’s Board of Directors has established
the following committees with advisory role:
During 2023, follow-up actions were carried out
Organogram of EHS management structure and
update certification
Develop an organogram presenting the EHS
management structure from Group-level
management, to County-level implementation
within DEER. Make this accessible on the Group
intranet portal, alongside the existing E&S Policy,
the Nomination and Remuneration Committee,
in relation to the provisions of the Code at group
under their management systems page and shared
the Audit and Risk Committee, the Strategy and
level, or to prevent the occurrence of any forms of
with all staff.
Corporate Governance Committee and The Climate
conduct contrary to the provisions of the Code and
Governance and Public Affairs Committee. For
subsequent policies applicable at Group level.
details, please see chapter 4.5.
Internal Control and Audit Framework
Compliance with BSE Corporate Governance Code
In the course of the year 2023, the organizational
structure of DEER included the Health and Safety
Department, with Zonal Health and Safety Offices
(MN, TN, and TS), and the Quality and Environment
which are not initially foreseen (including cutting
protected tree species), they must be developed
according to EU standards.
The EBRD will be informed about the environmental
impact studies related to investment projects
carried out at the level of DEER by sending the post
link on their website.
The inclusion in the Electrica Group’s Annual
Sustainability Report of a summary of
environmental impact studies with reference to
non-technical summaries for CAPEX investment
projects posted on DEER’s website.
During 2022, the documentation governing the
On 4 January 2016, the new BSE Corporate
Management Office.
internal audit activity at Electrica Group level
Governance Code entered into force and, on this
No Environmental impact Studies were required
under Law 292/2018 Annex 5E for the development
approved in November 2019 was maintained and
occasion, ELSA published on 8 January 2016 the
The certification of DEER’s Environmental
of the distribution infrastructure included in DEER
applied. This documentation was approved in its
„Corporate Governance Code Apply or Explain”
Management System in accordance with the ISO
Investment Plan until now.
first version by the BoD at the beginning of 2015 and
statement according to the new provisions. ELSA
14001:2015 standard was obtained in April 2021.
includes the Internal Audit Charter, the Audit Manual
publishes the updated statement yearly and reports
and the Auditor’s Code of Ethics, its last update
promptly to the capital market any update of its
dating from 2019. The documents are available on
compliance.
ELSA’s website in the section The group > Internal
Audit. For details about the internal audit please see
On its turn, ELSA adopted its own Corporate
Throughout the year 2023, the Company maintained
its certification in accordance with the requirements
of the ISO 14001:2015 and ISO 45001:2018 reference
standards, granted by the external certification
chapter 4.10. and for more details on the internal
Governance Code since the beginning of 2015, its
body SRAC Cert.
control, please see chapter 6.10.
last update being approved by the BoD on 23 June
Permits
DEER will ensure that it obtains all necessary
authorizations/certificates from the Ministry of
Culture, as well as environmental ones from local
authorities with competence in the field, according
to the Urban planning Certificate for the investment
ELSA’s Articles of Association
2020. This version, as well as the policies and other
corporate documents referred to by the Corporate
Governance Code of ELSA are available on the
EBRD guidelines were included in the Articles of
company’s website in the Investors > Corporate
Association of ELSA adopted on 4 July 2014.
Governance section (https://www.electrica.ro/en/
In 2023, ELSA’s Articles of Association were updated
investors/corporate-governance/).
according to ELSA Board of Directors’ decisions from
22 November 2023. All versions of the ELSA Articles
For details, please consider chapters 4.8 and 4.1.
of Association adopted since the listing of the
At the same time, at the level of the Electrica Group,
company are available on its website in the section
a Market Abuse Policy was developed, adopted by all
The group > About > Articles of Association.
subsidiaries.
Clear lines of competence and responsibility
The Environmental and Social Action Plan (ESAP)
In the documentation of our own IMS (Integrated
Management System) developed at the level of
ELSA and its subsidiaries, which documents the
During 2022 the Environmental and Social
Action Plan was updated by SAP as part of the
Loan Agreement signed by DEER with EBRD and
Project-Specific Risk Assessments
projects carried out.
Development and implementation of a standardized
instrument for the assessment of social and
environmental risks (methodology) and its
application for the categories of works/works
included in the CAPEX Plan 2021-2023.
All the necessary authorizations/certificates
according to the Urban planning Certificate were
obtained for all the investment projects included in
the CAPEX Plan at DEER level.
Social, environmental and SSM risks, as well as
mitigation measures are included in DEER technical
projects for investment works, a methodology being
developed to ensure a unitary approach across all
technical projects.
Environmental impact studies
Obtaining the building permit is conditioned by
obtaining all the approvals required in the Urban
planning Certificate.
Stunting environmental and social requirements
Environmental management plans for the works
must be developed by contractors before starting
Continue to implement the legal requirements
work, based on the risk assessments carried out
in the field of environment regarding the impact
at the level of Electrica group and the specific
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instructions of the group companies. These plans
staff reduction at group level are included in the
• Increased selective collection and recovery of
capacitors with PCB content in operation. The
must be stunned by the contractor (general
Collective Labour Agreement signed with the trade
recyclable waste.
contractor) to all sub-contractors.
unions and renegotiated every two years.
process is monitored annually through reporting,
and the results are published in the Electrica
Technical projects including the section on social,
In the case of reorganisation decisions, such
environmental and SSM risks and measures to
initiatives will be designed in accordance with
reduce them are part of the contract signed with
best practice and in compliance with national
contractors and are binding on them and their
legislation. In 2023 there were NO restructurings
subcontractors.
and NO collective redundancies.
• Installation of GPS, GPS monitoring (via the
Group’s Sustainability Report.
SafeFleet platform), route optimization, fuel
consumption monitoring, periodic technical
maintenance of the vehicle fleet.
Health and Safety System and Policy
Maintaining the certification of the SSO
• Reduction in the number of business-related
Management System according to ISO 45001:2018
trips.
for DEER. Revision of OSH policy
Ensuring the accommodation of workers
Analysis of greenhouse gas emissions
• Staff awareness through the inclusion of
The certification of the Occupational Health and
Check the accommodation conditions provided
to workers who cannot return home daily (where
relevant), ensuring it at an adequate level of quality
and in accordance with the EBRD/IFC guidelines..
The development of a study on greenhouse gas
(GHG) emissions at the level of Electrica Group’s
operations and the identification of areas with
potential emission reduction, with the publication of
results in the Electrica Group’s Sustainability Report.
An annual presentation of the implementation
The accommodation conditions for its staff
status of measures and progress made in reducing
are checked and controlled at the time of the
emissions is included in the Sustainability Report.
accommodation.
In the year 2023, at the DEER level, the procedure
regarding the On-site Environmental Control was
revised, introducing the mandatory verification of
accommodation conditions in the control activities
for contracted investment works. .
Restructuring with reduced personnel
The company will develop and maintain provisions
on personnel reduction (collective/individual
redundancies) in the collective Labour Agreement
and will plan restructuring initiatives in alignment
with the EBRD guidelines in the field, so as to
minimize the social and economic impact of staff
reductions, if necessary. These initiatives will be
designed in accordance with good practice and in
compliance with national law. The Company shall
inform the Bank of any major restructuring (more
than 500 affected employees) and shall submit
a plan for tarting/reducing the impact at least 1
The determination of the level of greenhouse gas
(GHG) emissions for the activities of the Electrica
Group in the year 2022 and the identification of
areas with potential emission reduction were
carried out at the level of each company within the
Group. The results are published in the Electrica
Group’s Sustainability Report for the year 2023.
At the DEER level, the measures taken aimed at
reducing both direct and indirect emissions include:
• Analysis and increase in the percentage of
distributed electrical energy purchased from
renewable sources.
• Modernization of energy facilities.
• Implementation of a program to reduce
Specific Energy Consumption (NL).
• Installation of own renewable energy sources
(photovoltaic panels).
month before the CIM is terminated. Restructuring
• Application/adherence to regulations for
programs that will affect more than 100 employees,
optimizing and improving energy consumption
but less than 500 employees will be presented in
in DEER’s administrative and technological
carbon footprint reduction aspects in the topics
Safety Management System in accordance with
covered in the IMS - Environmental Protection
the ISO 45001:2018 standard was maintained at
training.
Energy management
the DEER level in the year 2023, with no major non-
conformities recorded by the external certification
body SRAC Cert.
Implementation and certification of the Energy
Management System, in accordance with the
requirements of ISO 50001 standard at the level of
the Electrica Group.
Azbestos
The implementation of the Energy Management
System at DEER level is foreseen after the
completion of the organizational transformation
project following the merger of distribution
operators, so that the certification will be obtained
in 2024.
PCB
Continuation at DEER level of the program to
eliminate PCBs (polychlorinated biphenyls) from
electrical installations in operation, the deadline for
complete disposal being 2028, with annual reporting
to the EBRD.
The process of eliminating Polychlorinated
Biphenyls (PCBs) from the operating electrical
installations continued throughout the year 2023,
ensuring the company’s compliance with the
national elimination program within the established
timeframe (2028), as per Government Decision
1497/2008. In 2023, a total of 400 capacitors with
PCB content and 1 transformer with PCB content
Carrying out a study on asbestos-containing
materials for the targeted transformation stations
(by the CAPEX Plan) and developing an asbestos
management plan for the locations included in the
CAPEX Plan, in order to facilitate a comprehensive
investigation, DEER must also ensure that, all
electrical equipment is insulated and safe during
the study. Waste management procedures during
investment works documented by environmental
management plans during work should include
preventive measures/approaches to situations
where asbestos is identified during work and should
comply with the asbestos Management Plan.
Maintain a plan to assess and eliminate asbestos
risk.
DEER continued to monitor the state of degradation
of the asbestos-cement coating for the posts,
transformation stations and administrative
buildings, being replaced with other materials by
third-party companies during the restoration/
modernization works..
the Annual Report.
spaces.
were removed from operation.
Community Health & Safety
The provisions on restructuring/reorganisation with
• Reduction of operating time through the
appropriate use of ITC equipment.
As of the end of the year, there were still 1089
After the implementation of the CAPEX Plan, the
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distribution infrastructure must be inspected
overhead power lines with underground cables), in
Electromagnetic Fields
branch for the year 2023.
periodically to verify that the equipment is properly
accordance with the applicable legal provisions,
installed and that the elements that ensure the
especially at the community level.
Continue monitoring potential impacts from
electromagnetic fields (EMF) from transformer
The bird mortality situation in 2023 at the DEER level
is as follows:
Emergency Preparedness and Response
stations and transmission lines in compliance with
National legislation with respect to EMF. .
Checking the emergency plans and ensuring the
endowment of all locations with extinguishers within
There are studies on electromagnetic fields for the
the validity term, in accordance with the provisions
distribution infrastructure of DEER indicating that
– 145 incidents resulting from bird interaction with
electrical installations (collision/electrocution)
– 161 deceased birds (mostly crows, storks, rooks).
of the legislation in force. .
they are within the limits of national legislation.
Avoiding and mitigating against bird deaths
For all locations owned by DEER, there are defined
fire prevention plans. Preventive measures are
implemented and consist of: Control of compliance
with legal regulations by own authorized personnel;
DEER analyzes options for including electromagnetic
field measurements for new installations in the
commissioning process and for independent
studies.
regular entry for all categories of employees, in
Land Acquisition Framework
protection of the community (for example, when
electrocution) are functional/applied as part of the
infrastructure maintenance plan. Any unprotected
equipment that could cause damage to the local
community must be reported and repaired/
replaced.
Throughout the year 2023, DEER continued
monitoring the degradation status of asbestos-
cement roof coverings associated with posts,
transformer stations, and administrative buildings.
Replacement with other materials was arranged
by third-party companies during refurbishment/
modernization works.
Working at Height and Lockout/Grounding
Instruction
and installations complies with the regulations in
force at national level. Completion of the electrical
separation and working at height instruction/
instructions.
The SSM instructions on the de-voltage and the
provision of the working area for networks and
distribution installations, as well as on working
at height, are in force and comply with national
regulations.
Visual Impacts
taking into account local communities’ perception
of their construction (through environmental and
social management plans) in compliance with
national legislation in this field.
accordance with the approved annual training
programs; evacuation and intervention exercises
in case of emergency situations; maintenance
of fire prevention and extinguishing equipment
and facilities for each location with authorized
Ensuring that the SSM documentation providing
providers; maintenance of unobstructed access on
rules for the voltage removal and ensuring the
evacuation routes; additional actions to prevent
working area for electricity distribution networks
fires for the hot and cold season.
establishing and implementing mitigation/reduction
measures, if necessary (if measurements indicate
overruns of the legislated level).
At DEER level, in the year 2023, the instruction ‘DEER-
I3-PS-06 - Environmental Protection Control’ was
developed, including Annex 1.1 - ‘Noise Measurement
Assessing the visual impact for new networks in the
Program.’ The instruction pertains to environmental
design phase and establishing mitigation measures,
control, incorporating the activity of monitoring
e.g. moving lines underground, changing routes by
noise levels for DEER installations.
Noise monitoring
program.
Monitoring the noise level for areas with high
No new land surveys were required for the
sensitivity (residential, hospitals, schools) that claim
development of the distribution infrastructure that
the noise level generated by DEER equipment and
is the subject of the Investment Plan so far.
If it will be necessary to purchase land for the
implementation of the CAPEX Program, a document
will be developed to define the Land acquisition
Framework (LAF), which will present the Electrica
policy on fair compensation and compliance of the
procurement process with the relevant national
legislation and RP5. It will ensure compliance with
this framework for installations part of the CAPEX
Bird death monitoring
Develop and implement a system for monitoring
mortality among birds due to their collision with
LEA, providing annual estimates of mortality. The
monitoring will be done by on-site trips with search
on the ground.
DEER has developed and approved the
instruction DEER-I5-PS-06 regarding ‘Monitoring
The continuation of the replacement of the lines
with classical (uninsulated) conductor with twisted
(insulated) conductors, within the investment
projects carried out in areas with significant
activity of birds, defined by the relevant NGOs
and environmental authorities. It will continue
the installation of stork nests on the low and
medium voltage LEA poles and the installation
of electoinsulating sheaths to protect all these
species that have their habitats in DEER activity
areas. Mapping sensitive areas from a biodiversity
perspective. If necessary, bird markers shall be
used and the risk of electric shock of birds shall be
reduced by a suitable design of the insulation of
electrical installations. It will be considered for all
new or modernized LEA to have safety elements that
will lead to the avoidance of mortality among birds.
In the design phase for new networks or the
modernization of existing electrical networks, DEER
adopts technical solutions designed to ensure
the protection of biodiversity and considers the
replacement of overhead lines with underground
lines, of non-insulated conductors with twisted
conductor, the installation of insulating sheaths.
Technical guidelines are being developed to
ensure a unified approach to the design of power
grids at DEER level, which will include standardized
measures for bird protection.
The procedure for random discoveries (cultural
values)
Adoption of a Protocol on random discoveries
in order to identify and effectively manage any
discoveries with cultural value that occurred
during the implementation of the projects. This
At the level of each branch, sound level meters
Bird Mortality Resulting from Interaction with
are available, and during the year 2023, the
noise measurement program was planned
and implemented. Records of these noise
Electrical Installations,’ based on alerts from
SCADA systems and field inspections to identify
carcasses. According to the provisions of Annex
At the design stage DEER adopts technical
measurements are documented in the ‘Noise Level
1 of the instruction, the ‘Bird Mortality Monitoring
solutions taking into account the visual impact of
Monitoring Register,’ which is maintained at the
Register Resulting from Interaction with Electrical
its future distribution installations (replacement of
branch level..
Installations’ was developed at the level of each
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protocol should define the internal communication/
resolution in their legal framework in accordance
escalation chain, the notification of relevant
with the legal requirements (ANRE). The complaints
institutions with regard to discovered objects/sites,
registered directly with DEER will be recognized
the information of the personnel involved in the
and resolved in accordance with the regulations
projects on the possibility of such discoveries and
in force (ANRE) (between 15 days and 30 days to
the way of surrounding the area in order to protect
respond, depending on the nature of the complaint/
against destruction or alteration of the discoveries,
complaint).
where necessary. The protocol will be aligned with
the rules for the application of Law 50/1991 on the
authorization of construction works.
The mechanism for monitoring complaints is
defined according to the regulations in force and
available on DEER website. Records of complaints
The accidental Discovery Protocol is part of all DEER
and complaints are kept and submitted to ANRE
contracts as a separate section/clause.
regulator upon request or during the performed
Update Stakeholder Engagement Policy (SEP)
Updating the engagement methods used in
controls.
Community Guide to Security
accordance with the policy in order to align with
Develop a guide that contains relevant information
what is actually done and developing the section on
about the process of electricity distribution. The
complaints and integrity warnings.
guide addresses with priority the local communities
In the context of specific legislation transposing
EU unbundling directives, DEER is working toward
finalizing its own stakeholder engagement policy
involving all relevant departments. The policy will be
published on the company’s website after obtaining
all necessary corporate approvals.
Stakeholder Engagement for the 2021-2023 CAPEX
Plan
Development of a stakeholder engagement plan
dedicated to the CAPEX Program 2021 – 2023
to ensure that all the necessary involvement/
consultation activities are carried out during the
implementation of the following projects included in
the CAPEX Program financed by the EBRD.
DEER has a stakeholder engagement plan, and the
Investment Plan section will be presented on DEER
website.
A unitary mechanism for monitoring complaints/
complaints
Development and implementation of a unitary
it system at DEER level of registration, analysis,
served by DEER activity and presents details
regarding: DEER’s emergency procedure for the
safe erection of the fallen LEA poles; the activities
of involvement of the interested parties and the
mechanism for submitting complaints/complaints;
Determination of the levels of electromagnetic
fields in transformer and LEA stations and its
impact on health; risk related to theft of electricity,
etc. Consideration will also be given to the
implementation of other mechanisms to raise
awareness of the local community about the
safety in the use of electricity energy (through the
European Commission’s “Energy saving” program
(“Economie la energie”), for example.
Ensuring reporting in line with the provisions of
the EU Directive on non-financial reporting and
including in the Sustainability Report relevant
information on the climate impact produced in
accordance with the Green and Social Taxonomy
adopted since 2022.
The Electrica Group publishes its annual
sustainability report in accordance with the
provisions of the EU Directive on non-financial
reporting.
4.10 Internal audit activity report for 2023
The Internal Audit Squad is responsible for
the implementation degree of the audit
conducting risk-based audit missions at Group
recommendations related to the issued reports;
• 5. At the request of Management Board three
ad-hoc missions were carried out in a mixed
team ELSA-EFSA, missions accomplished at EFSA
level;
• 6. Based on the integrity warning analysis
procedure, 13 warnings were received through
the „whistleblower” system. Out of the total
number of warnings received in 2023, 10
warnings have been assessed, and 3 of those
received towards the end of the year are
still under analysis, with only one of them
undergoing analysis at the Internal Audit Squad
ELSA level.
The audit reports are agreed by executive
management and further submitted to the Audit
and Risk Committee of ELSA, as well as to the
Board of Directors. Following the conclusion of the
audit engagements and after agreeing the audit
recommendations with the responsible persons, the
Internal Audit Squad works together with the audited
structures in order to draw up the action plans
aimed to reduce or eliminate the identified risks.
companies’ level.
The Internal Audit Squad performs its activity based
on an annual audit plan, which is endorsed by
the Audit and Risk Committee, and subsequently
approved by the Board of Directors. The 2023 Audit
Plan included assurance and operational missions,
as well as ad-hoc audit missions started after their
validation by the Audit and Risk Committee. The
Audit Plan is aligned with the risk register at Group
level and prioritizes the main risks identified for the
major business areas.
During 2023, assurance audit missions were
carried out, as well as various ad-hoc missions on
the most important business activities. The audit
missions were performed on major projects or
events within the Group, but also on procurement
activity, activity of the squad Investor Relations and
Project Management. The Audit and Risk Committee
together with the Board of Directors analyzed the
audit reports regarding the findings identified, as
well as the action plans established to remedy
them.
Throughout 2023, the Internal Audit Squad team
consisted of one person with management role, one
person with a full – time and two persons with part
time work (2h/week).
Among the most important audit missions carried
out in 2023 are:
• 1.
Evaluation and audit of procurement
activity. The audit report contains 4 findings of
which 0 with hight impact;
• 2.
Evaluation and auditing of the activity of
the squad Investor Relations. The audit report
contains 5 findings of which 0 with hight impact;
• 3.
Evaluation and auditing of Project
Management. The audit report contains 3
findings of which 0 with hight impact;
• 4. Three “follow-up” missions were carried
out, which were aimed to identify and monitor
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5. OPERATING
ACTIVITY
OF ELECTRICA IN 2023
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5.1 Operating segments
The operations of each reportable segment are summarized below.
Table 14. Operating segments
Segments
Operations
Electricity and gas supply
Purchasing and supplying electricity and gas to end consumers (EFSA, including
the trading and representation activity on the Balancing Market as Balance
Responsible Party – BRP)
Electricity distribution
Electricity distribution service (include DEER and activity performed by SERV within
distribution segment)
Electricity generation
Production of electricity from renewable sources (photovoltaic panels)
External electricity network
services
Repairs, maintenance, and other services for electricity networks owned by other
distributors (includes Electrica SERV SA activity without the one mentioned above
for the distribution segment)
Headquarters
Includes corporate services at parent level
Source: Electrica
The figure below shows the areas covered by the Group subsidiaries and the number of customers/users
they serve.
Figure 29: The geographical coverage of the companies in the Electrica Group in 2023
NETWORK AREA OF
TRANSILVANIA NORTH
1.37 mn. users
NETWORK AREA OF
MUNTENIA NORTH
1.35 mn. users
NETWORK AREA OF
TRANSILVANIA SOUTH
1.22 mn. users
ELECTRICA FURNIZARE (EF)
3.5 mn. consumption places
Source: Electrica
Note: The figure refers to the company’s number of consumption places/users at 31 December 2023
5.1.1 DISTRIBUTION SEGMENT
Electrica Group’s distribution segment, starting with
on the principle of remunerating in tariffs the
1st of January 2021 refers to the activity of DEER (with
justifiable costs recorded by the distribution system
the following network areas: Transylvania North,
operator, the main source of profit of the distribution
Transylvania South and Muntenia North) and SERV.
company being the rate of return of capital invested
The electricity distribution segment is a regulated
in the distribution activity.
area of activity, in which operations are conducted
The tariffs are adjusted annually, taking into
in a geographically limited area in accordance
account the operational performance achieved, the
with the concession agreement, the nature of the
quantities of electricity distributed, the quantities
services provided, and the specific obligations
and the purchase price of electricity needed
are stipulated in the license conditions of the
to cover network losses (NL), controllable and
concessionaire operator. Thus, the electricity
noncontrollable costs, the change in reactive energy
distribution subsidiary of Electrica Group is the
revenues from forecasted values, the depreciation
energy distribution operator in Transylvania North
and carrying out expected capitalizable expenses,
(Cluj, Maramures, Satu Mare, Salaj, Bihor and
the changes in actual gross profit from other
Bistrita-Nasaud counties), Transylvania South
activities compared to the forecasted one, as well
(Brasov, Alba, Sibiu, Mures, Harghita and Covasna
as the corrections in previous periods carried out
counties) and Muntenia North (Prahova, Buzau,
according to the methodology.
Dambovita, Braila, Galati and Vrancea counties),
operating electrical installation with voltages
between 0.4 kV and 110 kV.
On 31 December 2023, the Group was in a
surplus position, estimated at about RON 150 mn.
(representing corrections related to the year 2023),
DEER holds the exclusive electricity distribution
which will be recovered through the distribution
license in these regions of network areas valid until
tariffs of the following years.
the year 2027, with an extension clause for another
25 years. Within its service for distribution activity,
SERV provides maintenance, repair and various
services to group companies (car rental, rental of
buildings etc.) as well as repairs and other related
services to third parties.
The current regulatory period (the fourth regulatory
period – RP4) began on 1 January 2019 and it ended
on 31 December 2023. ANRE sets the annual level
of distribution tariffs in RON per MWh for each
distribution company, respectively on each network
area in case of a merged DSO and for each voltage
The specific distribution tariffs are determined
level (high, medium and low). The invoiced tariffs
and approved by ANRE based on the “tariff basket
are summed up according to the related voltage
cap” method as set out in ANRE Order no. 169/18
level (e.g., the medium voltage tariff includes
September 2018 regarding the approval of the tariff
the high voltage tariff, and the low voltage tariff
setting methodology for the electricity distribution
includes the high voltage and medium voltage
service (applicable in the fourth regulatory period
tariff).
2019 - 2023), with subsequent amendments,
and respectively GEO no. 1/15 January 2020 and
ANRE Order no. 75/6 May 2020 regarding the
establishment of RRR applied to the approval of
tariffs for the electricity distribution service.
ANRE determines the annual regulated revenue
required for each year of the regulatory period
on the basis of the projections submitted by the
distribution operators in accordance with the
methodological requirements at the beginning of
The regulatory method “tariff basket cap” aims to
the regulatory period.
avoid significant fluctuations in the tariffs applied
to the users for electricity distribution. The model
for determining the regulated income is based
The year 2024 represents the transition period from
the fourth period (RP4) to the fifth regulatory period
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(RP5), the target income of the DSO for the year
for DEER regional distribution tariffs established on
Competitive market
2024 is established according to the Methodological
the basis of a single regulated income and a single
At the end of 2023, a number of 97 licensed
participants had transferred responsibility to PRE
Norms approved by ANRE Order no. 79/2023 that
NL target.
complete the Methodology. In 2024, ANRE approved
The electricity distribution tariffs approved by ANRE starting with 1 April 2023 are as follows (RON/MWh):
Table 15. The electricity distribution tariffs approved by ANRE starting with 1 April 2023
RON/MWh
DEER
area
Applicable starting with 01 April 2023
ANRE Order no.
High
Voltage
Medium
Voltage
Low
Voltage
31.23
69.44
229.96
29.09
71.38
182.24
28.48
62.32
171.97
In 2023, electricity trading in the gross market was
EFSA, of which:
carried out on the basis of directly negotiated
bilateral contracts, of transactions carried
out transparently on the centralized markets
administered by OPCOM as well as on the spot
markets also administered by OPCOM.
The Emergency Ordinances issued by the
Government with the aim of implementing
measures to protect the end customer in the sense
of establishing cap prices as well as the over
taxation of revenues from the sale of electricity on
the gross market, have generated extremely low
liquidity in this market.
PRE Electrica - The Party Responsible for Balancing
• 14 suppliers representing 14.43% of the total PRE;
• 5 distribution operators representing 5.15% of the
total PRE;
• 78 producers representing 80.42% of the total
PRE.
The distribution companies of the Electrica Group
have delegated their responsibility to PRE EFSA.
The Balancing Market, the component of the gross
energy market, is a market for which each license
holder must either assume balancing responsibility
or transfer balancing responsibility to a PRE. By
transferring the responsibility to a party responsible
for balancing, there is the advantage of aggregating
The representation activity in the Balancing Market
imbalances, in the sense of reducing costs on the
as the Party Responsible for Balancing (PRE) was
Balancing Market compared to the situation where
29.20
58.33
198.81
carried out by EFSA.
27/29 March 2023
26.94
60.90
157.27
26.85
55.74
150.17
2.03
2.15
1.63
11.11
31.15
10.48
24.97
6.58
21.80
Starting with 2023, the client portfolio is diversified,
being made up of producers (hydro, thermal,
wind, photovoltaic, biogas, biomass), suppliers
and distribution operators, ensuring the balancing
service of over 21% of the total electricity
consumption in Romania.
5.1.3 ENERGY SERVICES SEGMENT
the producer/supplier/distributor would constitute
itself as the Party Responsible for Balancing.
MN
TN
TS
MN
TN
TS
MN
TN
TS
The specific tariff,
composed of:
The main component
The component related to
additional costs with NL
Source: ANRE
5.1.2 SUPPLY SEGMENT
The Group’s portfolio also includes the energy
installation of photovoltaic panels and reactive
services segment (equipment maintenance, repairs
energy compensators, smart lighting solutions,
and other ancillary services related to the grid),
backup power, smart metering.
mainly provided to distribution companies outside
the Group.
SERV’s main objectives for the coming period are:
• Expansion of the activity on the service market
The Electrica Group operates on electricity supply
last resort suppliers and the competitive market. On
segment through its subsidiary, EFSA, both on the
both markets, electricity can be sold/acquired gross
Until 30 November 2020, the segment was
outside the ELSA group and consolidation in the
regulated electricity market (Supplier of Last Resort)
or retail.
and in the competitive market, at national level.
EFSA detains an electricity supply license that covers
the entire territory of Romania, which was extended
in 2021 for a period of 10 years. It also holds a license
for carrying out the activity of supplying natural gas,
valid until 2032.
The electricity market is divided into the market of
The market for universal service and providers of
last resort
Currently, EFSA supplies approximately 1.6 mn.
clients with 1.8 mn. places of consumption under
universal service and last resort.
represented by SEM, and after the merger by
business lines of new activities simultaneously
absorption between SERV and SEM, the segment
with reactivation of old activities for which there
includes SERV’s energy services business.
is accumulated experience;
• Adapting the business and staff structure
Electrica Serv will multiply its efforts to develop the
to make the activity more efficient and
market for green energy power generation solutions
compensate for the losses incurred in the last
- photovoltaic power plants and reactive energy
fiscal years;
compensators - by strengthening its partnership
• Consolidation of the current financial situation
with Electrica Furnizare in finding solutions and
and reinvestment of resources for the
opportunities for customer efficiency through the
development of the company in new directions.
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5.1.4 ELECTRICITY PRODUCTION
For the production segment, the development of
Green certificates
already purchased projects continued in order to
reach the ready to build stage, respectively:
Producers of electricity from renewable energy
sources (RES) have the right, according to Law no.
• Final development on the final process of
220/2008, to receive a certain number of green
obtaining all necessary permits to start
certificates, depending on the technology used
construction for renewable projects;
(for example: Hydraulics, wind, solar, geothermal,
biomass, wind energy, bioliquids, biogas), for each
5.2 Fixed assets
5.2.1 Tangible assets – summarize key aspects of their location and
main characteristics
The number of users and volume of installations as of 31 December 2023 at the level of the three distribution
regions (North Transylvania area - TN area, South Transylvania area - TS area and North Muntenia area -
MN area) and total DEER (Romania Electrical Energy Distribution) are quantified as follows:
• Continuing the planning and construction
of start-up activities for projects that have
MWh produced and delivered in the network and for
Table 16. Number of users and volume of installations as of 31 December 2023
a certain period of time, depending on the degree of
Stanesti photovoltaic Park has the right to receive,
starting with February 2013, for a period of 15
Geographical coverage
(fifteen) years, 6 (six) green certificates for each
Number of users, of which:
reached the ready to build stage during 2023,
novelty of the group/power plant.
respectively:
• Conduct a competitive procedure for the
selection of the EPC Contractor, sign the EPC
Contract and start the implementation phase
for the Vulturu project;
• Start the competitive procedure for the
selection of the EPC Contractor for the
implementation of the Satu Mare 2 project.
MWh of electricity produced and delivered in
the grid, of which, for the period 1 July 2013 - 31
December 2020, according to Law 23/2014 and Law
184/2018, 2 (two) green certificates were postponed
from trading, to be recovered in equal monthly
installments starting with 1 January 2021 until 31
In addition to the above-mentioned issues, activities
December 2030.
are continued on:
• Evaluation of opportunities for the acquisition
of new RES projects and/or the establishment of
partnerships through the acquisition of majority
stakes in RES projects (already developed by
potential partners);
• Project development activities started for:
natural gas generation, energy storage in
batteries;
• Start of planning activities for the
operationalisation of the production segment
phased both in line with the development
and implementation timetable for energy
generation and storage projects, as well as the
merger process and absorption into ELSA of the
subsidiaries EPE, EVE1 and GECI.
The green certificates issued by Transelectrica
for the production carried out by the Stanesti
photovoltaic park, during the validity period of
the accreditation decision issued by ANRE, can be
traded, according to GEO 24/2017, until 31 March
2032, respectively, after the expiry of the validity
period of the accreditation decision (31 January
2028 in the case of Stanesti photovoltaic park).
The green certificates can be traded on the OPCOM
spot, forward or combined markets. The selling
price must be between the minimum and maximum
values established by Law no. 220/2008 for the
establishment of the system for the promotion
of electricity production from renewable energy
sources, republished, with subsequent amendments.
Revenues from the sale of green certificates are
recognised as profit or loss at the time of their sale
on the market.
UM
km²
no.
no.
no.
no.
km
km
km
km
km
km
km
km
km
km
TN
MN
TS
Total
34,162
28,962
34,072
97,196
1,366,852
1,347,725
1,217,704
3,932,281
34
42
45
121
4,573
4,614
3,152
12,339
1,362,245
1,343,069
1,214,507
3,919,821
53,288
59,767
46,081
159,136
2,191
2,146
3,150
7,487
11,874
12,664
10,530
35,067
39,223
44,958
32,401
116,582
18,377
24,482
17,596
60,455
18,183
12,615
13,458
44,255
37
17
63
117
4,486
3,596
3,791
11,874
13,659
9,001
9,603
32,264
8,052
2,543
3,199
13,793
high voltage (HV – 110 Kv)
medium voltage (MV)
low voltage (LV)
Overhead power lines length, out of
which:
high voltage (HV – 110 Kv)
medium voltage (MV)
low voltage (LV)
out of which connections
Underground power lines length, out of
which:
high voltage (HV – 110 Kv)
medium voltage (MV)
low voltage (LV)
out of which connections
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UM
TN
MN
TS
Total
Table 17. Degree of attrition of the installations
Cumulative power of transformers/
power AT
in power stations
(HV/MV + MV/MV), out of which:
in HV/MV power stations
in MV/MV power stations
MVA
MVA
MVA
MVA
6,339
8,943
6,892
22,174
High voltage power lines (110 kV)
Underground power lines
3,776
5,898
4,167
13,841
Overhead power lines
3,728
5,545
4,161
13,434
Medium voltage power lines
Underground power lines
48
353
6
407
Overhead power lines
Switching stations/Transformer stations
MVA
2,564
3,045
2,725
8,333
Low voltage power lines
Underground power lines
No. of substations, out of which:
HV/MV power stations
MV/MV power stations
Number of switching stations and
transformer stations
Source: Electrica
pcs
pcs
pcs
pcs
122
93
29
215
127
88
105
101
4
442
321
121
9,527
10,731
9,802
30,060
5.2.2 Tangible assets – summarize key aspects of their attrition
Most of the distribution installations currently in the patrimony of the electricity distribution company
(detailed by geographical areas) within Electrica Group, about 80% of the total volume, was built in the
Source: DEER
Overhead power lines
Substations
Transformers
Pole - mounted
Concrete enclosure
Pad - mounted
Underground
Concrete base
TN
25%
74%
46%
56%
51%
56%
69%
44%
50%
70%
15%
10%
MN
45%
64%
62%
57%
67%
63%
73%
48%
65%
76%
95%
8%
TS
50%
75%
62%
59%
73%
67%
60%
50%
75%
20%
85%
12%
period 1960-1990, in the successive stages of development of the National Energy System. This has led
The lands on which the existing electrical distribution networks are located at the entry into force of Law
to a wide variety of equipment currently in operation. These represent installations made with Romanian
13/2007 are and remain the public property of the state.
technology in the period 1960 - 2000, where there is a high degree of physical and moral wear and tear. It
should be noted that the installations put into operation between 1980 - 2000 (approximately 10%) gradually
exceed the normal operating time.
A relatively small category, representing about 20% of the total installations, is represented by the new
installations, put into operation after 2000 and which are made to technical standards that meet the
current requirements.
Depending on the voltage level, categories of installations, the year of commissioning and the specific
operating conditions, the degree of attrition of the installations can be assessed as follows:
In general, electric distribution networks are developed on public land of the state (public roads, land of the
UAT) and partly on private land (those that serve mainly the user who owns the property) for the location of
transformative posts and/or individual bransings.
In most cases the location of new distribution networks/installations is made in compliance with the urban
regulations of the area. It is intended that the delimitation of the operator/user installations to be carried
out at the limit of the private domain, with access from the public road.
Maintenance of tangible assets, modernization and development of new assets is carried out on the basis
of the annual maintenance plans and annual investment plans approved by ANRE.
The annual investment plans are approved both as a total value cap, with a minimum required level, to be
achieved, at the value of the annual depreciation, as well as detailed covering every investment goal.
The annual maintenance plans are valorically approved by ANRE and must be carried out in the amount of
at least 95%.
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In 2023, Electrica Group companies realized the following investments, compared to the planned values.
Table 19. Investments planned 2023 vs achieved 2023(RON mn.)
Electrica Group subsidiary (RON mn.)
Planned 2023
Achieved 2023
DEER zone TN
DEER zone TS
DEER zone MN
EFSA
ELSA
SERV
EPE
GEC&I
SWE
Total
Source: Electrica
240.0
303.0
282.0
65.2
19.4
10.5
16.3
52.0
94.8
273.6
329.0
345.9
32.4
2.8
2.1
-
1.1
1.5
1,0832.2
988.4
At Electrica Group level, in 2023, the consolidated CAPEX plan was achieved at a rate of 91.2% compared to
the plan approved by the Board of Directors of ELSA in April 2023, and for the distribution subsidiary DEER, the
average degree of achievement is of 114.9% compared to the approved plan.
The synthetic structure of investments achieved (CAPEX) by the distribution subsidiary in 2023 is presented
in the table below (for details of the most important investments see Appendix 2).
5.2.3 Investments
The investments at Electrica Group level have been prioritized considering especially the distribution
company’s assets degree of wear, and with a particular focus on the improvement of the distribution
service quality, the safety in operations, as well as the increase in efficiency.
The Group will continue to modernize and to develop the smart distribution network by installing smart
network infrastructure systems, such as SCADA, SAD, electricity measurement systems etc., in order to
improve the energetic and operational efficiency, to improve the network flexibility, the distribution service
quality and to ensure the continuity in the electricity supply and the networks’ safety.
In the investments program implementation, the Group’s strategy and in particular the following criteria are
ensured:
• tracking the inclusion of regulated investments in the RAB;
• non-regulated investments of the Group must provide an internal rate of return higher than the
weighted average cost of capital;
• the proposed investment program must follow the Group’s financial strategy of maintaining a solid
capital structure.
Thus, those categories of capital expenses that contribute to the development of a profitable and
sustainable distribution activity, as well as to the creation of the conditions of access to the electricity
distribution network for the consumers and electricity producers, in accordance with market requirements,
are prioritized, based in particular on:
• distribution automation by integrating of the installation in SCADA, SAD, DMS etc.;
• modernizing the equipment from the substations and the medium voltage network;
• introducing equipment with reduced technological losses, higher operating efficiencies and
environmentally friendly;
• modernizing of the medium and low voltage distribution network and connections;
• expansion of modern systems for measuring electricity consumption and transmitting consumption
data.
At the same time, the Group is considering investments in the upgrade of IT infrastructure and IT systems,
considering both the legal requirements regarding data protection and the positive effect on the quality of
the services provided.
The following table presents the investment program approved by ANRE for the distribution area within
Electrica Group for the period 2019 - 2023 (in 2018 real terms):
Table 18. Investment program approved by ANRE for 2019-2023 (RON mn.)
Commissioning program approved by ANRE for the period 2019 - 2023 (RON mn.)
2019
2020
2021
2022
2023
Total
190
200
200
590
175
190
190
555
170
170
160
500
160
170
160
490
160
160
165
485
855
890
875
2,620
SDTN
SDTS
SDMN
Total
Source: ANRE
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Table 20. The synthetic structure of investments achieved by distribution subsidiary in 2023
Figure 30: The structure of CAPEX achievements for distribution operator within the Group,
(RON mn.)
in 2023 (RON mn.)
Category of works (RON mn.)
Total
Efficiency, out of which:
Energy efficiency/NL
Operational efficiency
Quality of distribution service, out of which:
Continuity of supply
Energy quality
Legal obligations (network extention/reinforcement)
Connections (additional to the plan)
Other categories, from which
Endowments (including auto)
Projects and studies
Modernization of buildings, premises
Total
Source: Electrica
The main investments of the Electrica Group were focused in 2023 on improving the quality of the
distribution service, as well as on increasing the energy and operational efficiency.
%
28%
19%
8%
62%
20%
11%
11%
19%
11%
6%
1%
4%
Other categories
102 - 11%
Connections
(additional to the plan)
179 - 19%
Legal obligations (network
extention/reinforcement)
104 - 11%
Energy quality
106 - 11%
Energy efficiency/NL
183 - 19%
Operational efficiency
80 - 8%
Continuity of supply
194 - 20%
262
183
80
583
194
106
104
179
102
57
6
39
948
100%
Source: Electrica
The approved plan of investments to be commissioned in 2023 for Societatea Distributie Energie Electrica
(DEER), the distribution company within Electrica group, was in total amont of RON 764.1 mn., this value also
including investments carried forward, for the year 2022 (RON 135.6 mn.).
The total value of the investments carried out and commissioned in 2023 by DEER is RON 777.1 mn.
representing an average percentage of 102% compared to the total planned value.
From the total of RON 777.1 mn. investments carried out and commissioned, RON 559.7 mn. are related
to 2023 plan, RON 121.9 mn. are additional works from legal obligations and RON 95.5 mn. represent
investments carried forward from 2022 plan.
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1,331
1,420
1,519
1,624
1,728
1,851
1,938
2,016
2,098
2,443
Obligations of the distribution license holder:
Table 21. PIF plan vs achieved 2023 (RON mn.)
DEER (RON mn.)
Total 2023
plan
Total achieved
2023
Total percentage of
achievement %
MN area
TS area
TN area
Total DEER
Source: Electrica
249.8
278.9
235.3
764.0
257.3
266.7
253.1
777.1
103%
96%
108%
102%
As a result of investments made during 2014-2023, the value of the Regulated Assets Base (RAB) of the
Group’s distribution operators has progressively changed, with an increasing evolution, and is as follows:
Table 22. RAB evolution 2014-2023 (RON mn.)
20146
2015
2016
2017
2018
2019*
2020*
2021*
2022*
2023**
RAB
(RON mn.)
SDTN
SDTS
SDMN
Total
Source: Electrica
1,333
1,377
1,388
1,475
1,521
1,679
1,772
1,838
1,889
2,235
1,486
1,543
1,581
1,679
1,769
1,909
2,030
2,094
2,150
2,501
4,150
4,340
4,488
4,779
5,019
5,440
5,739
5,948
6,137
7,179
Considering the significant volume of investments required for the next period, efforts have been intensified
to access the non-reimbursable financing schemes: Large Infrastructure Operational Program (POIM),
Modernization Fund, National Recovery and Resilience Plan (PNRR).
In 2023, DEER developed five projects with an eligible value of RON 231 mn. within the Large Infrastructure
Operational Program (POIM) 2014-2020.
30 projects were submitted for financing from the Modernization Fund (FM), total amounting ~ EUR 1.2 bn.
(without VAT), of which the eligible amount is ~ EUR 0.9 bn.. At the end of 2023, six of these had financing
contracts signed and are ongoing. The projects aim at increasing the reliability and capacity of the
distribution network, the quality of the distribution service and energy efficiency, ensuring the safety of
electricity supply for existing users as well as ensuring the possibility of connecting future consumers and
producers.
DEER also submitted within the competitive call of National Recovery and Resilience Plan (PNRR/2022/C6/M
ENERGIE/I1), projects for installing photovoltaic systems to cover the own consumption in substations and
headquarter, eight of these being in pre-contracting stage at the end of 2023.
6 In 2018, ANRE communicated the final value of the investments recognised for 2014, due to this reason starting with 2014 the RAB values
have been modified.
* Modified value as a result of unused FA and exits from RAB between 2019 and 2022
** The value may change as a result of the final closing of 2023 and the analysis carried out by ANRE.
5.2.4 Aspects of ownership of tangible assets
The operation of assets is realized:
i) under the concession contract, by which the Concendent (Ministry of Energy) has transmitted to the
concessionaire (distribution operator) the right and obligation to operate the activities and service
of electricity distribution;
ii) based on the distribution license - ANRE Order 73/2014 - regarding the approval of the general
conditions associated with the licenses for the provision of the electricity distribution service.
During the period of validity of the license, the license holder has the exclusive right to provide the electricity
distribution service, under the conditions of the regulations in force, in the area defined under the specific
conditions associated with the license, using the electrical distribution network that it holds as owner or with
any other legal title, provided under the specific conditions associated with the license, in compliance with
the provisions of the concession contract concluded with the contracting authority.
In order to ensure the normal functioning of the distribution network that it operates, the license holder
has the right to exercise, under the conditions of the Law, the rights provided by the law for the holders of
licenses on land and public or private property of other natural or legal persons and on the activities carried
out by natural and legal persons in the vicinity of the components of the electrical distribution network, as
well as the right of access to public utilities.
• The obligation to allow the use of the electrical distribution network;
• Ensuring the connection to public interest electricity networks;
At the request of any natural or legal person, the license holder is obliged to provide access to the
distribution network provided under the specific conditions associated with the license, in order to make a
new connection or to modify an existing connection.
• Development of the electrical distribution network.
The license holder is obliged to carry out planning and development works of the distribution electrical
networks, under conditions of technical and economic efficiency, according to the provisions of the law and
in compliance with the technical regulations in force.
5.3 Procurement
The acquisition activity at the level of ELSA and its subsidiaries is carried out in accordance with the legal
provisions in force, as well as its own procedures and regulations as the case may be, aiming to cover the
needs of goods, services and works for the smooth running of the Group’s activities.
In the case of distribution subsidiary DEER, the sectoral procurement legislation is observed, mainly Law no.
99/2016 on sector acquisitions and GD no. 394/2016 approving the methodological norms for the application
of the provisions regarding the award of the sectoral contract/framework agreement of Law no. 99/2016 on
sector acquisitions.
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In some cases, the acquisitions are carried out and centralized by delegating the coordination of the
Regarding the supply segment, although it holds an important position on the electricity supply market,
acquisition to a group company, with the primary objective of reducing costs, optimizing the acquisition
EFSA faces strengthening competition on the market it operates on.
and ensuring a unitary policy within the Group. Among the purchases made centrally, we mention D&O
insurance services, the purchase of services to determine the carbon footprint of the Electrica Group for the
year 2022 and the purchase of Communications Services, voice and data, fixed and mobile.
The figures below show the market shares of Electrica Group for the supply activity on 30 November 2023
(based on supplied volumes):
Figure 32: Total market shares, 2023
Figure 33: Competitive Market, 2023
5.4 Sales activity
Electrica Group’s revenues are influenced mainly by the distribution and supply segments. The contribution
of the distribution segment to the total revenues was 25.9% in 2023, while the contribution of the supply
segment was 74.2%.
Others
33.94%
The Group’s distribution operators (one operator from 1 January 2021) are natural monopolies in their
respective markets and as such, they hold a dominant position. In addition, the Group’s distribution
operators have a legal monopoly in their relevant regions; hence, other entities cannot set up a competing
electricity distribution business.
The following figure shows the national market share (based on the quantities of distributed electricity)
held by the Group’s subsidiaries in the electricity distribution segment, according to the 2022 ANRE report for
performance indicators’ monitoring.
Engie România
4.07%
CEZ Vânzare
5.17%
Hidroelectrica
13.14%
E.ON Energie România
9.11%
Figure 31: Market share of distribution segment in 2022
Source: ANRE monthly report (November 2023)
Electrica Furnizare
16.61%
PPC2
17.96%
Others
40.48%
Electrica Furnizare
10.25%
PPC2
17.66%
E.ON Energie România
6.62%
CEZ Vânzare ;
4.46%
Engie România
4.85%
Hidroelectrica
15.68%
Source: ANRE report (November 2023)
Notes: *”Others” segement includes suppliers with individual market
share under 4%
**PPC includes PPC ENERGIE and PPC ENERGIE MUNTENIA
DEER TN,
13.32%
DEER TS,
12.69%
DEER MN
13.69%
Others, 60.30%
Figure 34: Volume of electricity supplied on
Figure 35: Evolution of consumer numbers
the retail market (TWh)
(ths.)
9.2
9.3
9.4
4.9
5.1
3.8
8.6
0.9
2.4
4.4
4.2
5.6
5.4
7.8
1.5
2.2
4.2
2019
2020
2021
2022
2023
Competitive
Un iversal Service
Last Resort Supplier
3,553
3,583
3,510
3,498
36
3,495
26
1,953
1,817
1,746
3,284
3,269
1,556
1,645
1,724
269
2019
314
2020
2021
2022
2023
Competitive
Un iversal Service
Last Resort Supplier
Source: ANRE Report for performance indicators’ monitoring 2022
Source: Electrica
Source: Electrica
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Figure 36: Consumers structure with split on
Figure 37: Consumers structure with split on
• 14 suppliers representing 14.43% of the total PRE;
electricity volumes supplied in 2023
revenues in 2023
• 5 distribution operators representing 5.15% of the total PRE and
• 78 producers representing 80.41% of the total PRE.
NON-HOUSEHOLD -
LAST RESORT SUPPLIER
19.00%
NON-HOUSEHOLD -
LAST RESORT SUPPLIER
26.31%
Figure 38: PRE Electrica Furnizare Members
HOUSEHOLD -
LAST RESORT SUPPLIER
0.03%
HOUSEHOLD -
LAST RESORT SUPPLIER
0.04%
HOUSEHOLD -
UNIVERSAL SERVICE
HOUSEHOLD -
COMPETITIVE MARKET
NON-HOUSEHOLD -
COMPETITIVE MARKET
27.74%
27.72%
HOUSEHOLD -
UNIVERSAL SERVICE
16.75%
HOUSEHOLD -
COMPETITIVE MARKET
25.05%
25.51%
NON-HOUSEHOLD -
COMPETITIVE MARKET
31.84%
15%
5%
80%
Source: Electrica
Source: Electrica
Major client exposure
Source: Electrica
Suppliers
Distributors
Producers
EFSA does not have a significant exposure to a certain industrial sector that could have major influence
In 2023, more than 300 bilateral contracts, exchanges with OPCOM respectively, were notified to
on company’s activity. The position of market leader gives the essential advantage of having a very
Transelectrica (OTS).
large portfolio of customers and thus the effect of risk dispersion is obtained and therefore the risk of
its concentration does not emerge. This advantage was confirmed during the pandemic, proving that
the economic sectors affected by the pandemic, although they generate significant exposures, cannot
represent sources of systemic risks at the level of company’ s entire portfolio. Another advantage held by
EFSA is the possession of a considerable portfolio of household clients.
However, certain consumers such as hospitals, ambulance stations, schools, nurseries and kindergartens,
air or naval traffic services are considered to be of special importance and cannot be disconnected by
the electricity distributor, as they are considered vulnerable consumers. Customers who come under the
incidence of insolvency law can benefit from its protection against creditors and therefore possibly also
from electricity suppliers for the supply contracts in force at the time of insolvency proceedings opening.
PRE Electrica - the Party Responsible for Balancing
The activity of representation in the Balancing Market as the Party Responsible for Balancing (Electrica
Furnizare PRE) is carried out by Electrica Furnizare SA based on the electricity supply license no.
2279/04.08.2021.
PRE EFSA’s client portfolio is diversified, consisting of producers (hydro, thermal, wind, photovoltaic, biogas,
biomass), suppliers and distribution operators.
At the end of 2023, a number of 97 licensed participants had transferred responsibility to PRE EFSA, of which:
Starting from February 2021, settlement in PE is carried out at 15-minute intervals using the single-price
methodology according to ANRE Order no. 213/2020. The single price turns into a dual, excess and loss price,
in the intervals where the conditions in the Order are met.
EFSA’s PRE uses the internal unbalance allocation method in settlement, so that PRE members benefit from
cost reduction/increase in revenue for dual price ranges (single price ranges do not allow compensation).
During January - November 2023, out of a total number of 32,064 intervals, the dual price was applied to a
number of 2,558 intervals (7.98%). As a result of the internal allocation of unbalances, within the PRE EFSA
there was an improvement in excess and loss prices by 29.03 RON/MWh compared to the unbalance prices
calculated by OPCOM/OTS (a degree of compensation of approximately 49%.
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January-November 2023
Excess Average Price OPCOM/OTS
Excess Average Price EFSA PRE
353.91
382.940
Ensuring the necessary human resources for the key business areas, staff training and capitalizing on their
potential, expertise and skills, in order to increase work productivity and individual performance, are treated
as priority topics.
As of 31 December 2023, approximately 71% of the Group’s employees represent directly productive staff,
and 29% represent indirectly productive staff, including technical, economic, social and administrative
Loss Average Price OPCOM/OTS
Loss Average Price EFSA PRE
personnel.
473.03
444.000
Table 24. Group’s employment by age, 2021 - 2023
Source: Electrica
Age category
31 December 2023
31 December 2022
31 December 2021
Electrica Furnizare SA, through the PRE Service, operates on the Intraday Market (IM) starting from February
2021 to buy/sell the electricity volumes not traded on the Day-Ahead Market (DAM).
For 2023, the Intraday Market trading results are as follows:
• On purchase - the quantity of 39,342.45 MWh at an average price of 618.25 RON/MWh;
• For sale - the quantity of 15,166.80 MWh at an average price of 870.44 RON/MWh.
Out of a total traded for purchase on IM OPCOM of 128,014.35 MWh (at an average price of 642.92 RON/MWh),
EFSA traded a volume of 39,342.45 MWh representing a percentage of about 31%, and of the total traded for
sale on IM OPCOM of 152,180.43 MWh (at an average price of 753.17 RON/MWh). EFSA traded a quantity of
15,166.80 MWh representing a percentage of about 10%.
under 18
18-30
31-40
41-50
51-60
over 60 years old
Total
Source: Electrica
0.01%
6.03%
14.27%
33.58%
42.94%
3.17%
100%
0.00%
5.10%
14.70%
34.30%
43.30%
2.60%
100%
0.00%
4.76%
16.06%
34.96%
41.44%
2.85%
100%
5.5 Personnel
On 31 December 2023, Electrica Group had 7,945 employees. The table below provides an overview of the
employment in the Group, by business segments, at the end of the specified years. Starting with 2020, the
figures include also the mandate contracts.
Table 23. Number of employees evolution 2019 – 2023
Organizational entity/year
2023*
Electricity distribution segment - DEER
DEER - MN
DEER - TN
DEER - TS
Services segment - SERV
Supply segment – EFSA
Services related to other distribution networks – SEM
(included in SERV starting December 2020)
Headquarters – ELSA
Total
Source: Electrica
6,589
2,186
2,301
2,102
473
796
-
87
7,945
2022
6,555
2,211
2,262
2,082
469
816
-
71
2021
6,454
2,156
2,259
2,039
612
838
-
2020
7,213
2,184
2,248
2,087
694
793
-
109
120
2019
6,972
2,191
2,233
2,085
463
896
296
128
*According to the modified reporting methodology to INS, the employees number from 31.12.2023 also includes 29 persons who worked
based on a mandate agreement.
As of 31 December 2023, about 98% of the
depending on the workforce need.
Group’s employees are Union members and their
employment conditions are governed by the
Collective Labor Agreement, which will expire on 17
May 2024 for ELSA and between February- June 2024
The improvement and continuous development
of the performance management system have
contributed to the achievement of Electrica Group
for the Group’s subsidiaries. The Electrica Group did
key objectives, set for the 2019-2023.
not face Union actions in 2023.
Both ELSA and its subsidiaries have drawn updated
policies, procedures and internal regulations that
contain provisions regarding employment, non-
discrimination, occupational health and safety,
employer and employees’ rights and obligations, the
procedure for solving the employees’ complaints,
the labor discipline, disciplinary sanctions and
deviations, rules regarding the disciplinary
procedure, criteria and procedures for the
The long-term strategic objectives, set at the end
of 2023, outlined a broad framework for business
development and viability, covering areas such
as renewable energy, service diversification, ESG
integration in business concepts, digitization
and organizational excellence. In line with these
objectives, we focus our efforts on attracting,
motivating and retaining a qualified and diverse
workforce, necessary to support the initiatives for
the next period, in the conditions of an accentuated
professional evaluation of employees, succession
dynamics of the labor market.
and final provisions.
The Group is involved in the life of the communities
in which it operates, supporting children of families
with modest material possibilities to remain in the
education system, and at the same time, forming
To ensure a work environment where employees
feel valued and fulfilled, we focus on continuous
professional development, including the acquisition
of skills and competences in the “green” and digital
fields. In light of the sharp increase in interest in
renewable energy, energy efficiency, digitization and
ESG principles, we are committed to implementing
7,911
8,013
8,126
8,292
a solid base of young electricians who will be
able in the future to join the distribution company,
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training and development programs to improve
of international best practices was developed
These accidents were caused by failure to comply with the instructions on health and safety at work, due to
existing skills and attract new talent with the
to increase the maturity of the performance
the carelessness of workers, one of which was a road accident. There were no fatalities during the reporting
necessary expertise.
management system within Electrica, which
period.
To support the fulfilment of these objectives and to
attract talented young people, we aim to develop
internship programs, participate in innovation
projects, establish educational partnerships and
launch mentoring programs. These initiatives will
contribute not only to attracting and developing
talent, but also to promoting a culture of innovation,
considers the continuous improvement of the
employee evaluation process and the development
of the necessary tools to build a solid performance-
based system. At the level of the entire Group, the
360-degree evaluation process was carried out,
with the aim of developing a culture of feedback
within the organization.
sustainability and social responsibility.
The training programs carried out at the Electrica
Group level considered both the constant evolution
and the improvement of the Group employees’
skills. The company’s management supports the
principle of development through continuous
training by involving employees in these programs,
thus supporting them to effectively address their
professional challenges.
We continue to promote diversity and inclusion
at every level of the organization and leverage
modern technologies to streamline human resource
management and encourage innovation and
sustainable development.
In order to improve the employer’s image in the
post-pandemic context, the hybrid („work from
home/office”) system was implemented within
the Electrica Group, complying with the internally
defined processes, regarding workplace safety and
human resources activity management.
In 2023, it was continued the methodological
and conceptual framework for the application
HEALTH AND SAFETY AT WORK
In 2023, all the companies of the Electrica Group
maintained their Integrated Quality-Environment
Management System certification, which ensures
the compliance of the companies with the legal
requirements in the field of occupational health
Figure 39: Frequency index 2021-2023
1.55
1.03
1.16
0.75
0.63
0.78
0.66
1.8
1.6
1.4
1.2
1
0.8
0.6
0.4
0.2
0
2021
2022
2023
Group
Nationa l
Industry
IF* is a statistical indicator recommended by the
International Labour Organization (ILO) through
the Resolution on Statistics of Occupational Injuries
adopted in October 1998 as it correlates the number
0.89
0.8
of accidents with the number of workers, increasing
the comparability of organisation’s performance in
the field of OSH and eliminating distortions caused
by the size of these organisations (number of
employees in each organisation).
Source: Electrica
*the year 2023, the data published by the Ministry of Labor and Social Solidarity is as of September 30, 2023, with the final figures set to be
published on April 15, 2024.
Starting from the year 2021 and continuing in the following years, IF for Electrica Group’s performance has
consistently remained below both the industry average in which it operates and the national average.
Aspects regarding the employees health
and safety and with those of the SR ISO 45001:2018
referential. There is thus a guarantee that services
and processes are provided and carried out in
safe conditions for the company’s own staff and
contractors, as well as for customers.
The Electrica Group’s field of activity does not
Prevention, monitoring and occupational health
involve a risk of developing diseases caused
insurance at Electrica Group level was carried out
exclusively by working conditions, so no
by doctors with specialisation in occupational
occupational diseases have been recorded in 2023
medicine through dedicated service contracts
or in previous years.
and was followed up at ELSA level for the portfolio
companies through reports.
The work accidents situation and specific indicators at Electrica Group level
In 2023 there were 9 work related accidents within
similar situations that need to be implemented by
Electrica Group, increasing compared to 2022, but
the company.
there were no fatal accidents.
The complex of complementary causes and
of accidents per 1,000 employees is for 2023 at the
contributing factors that led to the occurrence of
Group level 1.17‰, registering an increase compared
each of these accidents was analysed at DEER level
to 2022, correlated with the increase in the number
by the legally constituted committees, and the
of accidents at the Group level.
investigation files include the measures to prevent
The frequency index (FI), expressed as the number
Actions to improve safety and health of employees at work place
At the company level, training and control activities
The shift in organizational culture and focus on
in the field of occupational health and safety (SSM)
values such as safety, responsibility, discipline,
have been maintained. The conducted controls are
and collaboration is a lengthy process that
primarily oriented towards ensuring compliance
requires sustained human and financial effort. This
with current instructions and regulations, the
is achieved through the implementation of the
violation of which was identified as the main cause
following actions:
for accidents in 2023. These controls target both
internal and contractor personnel, with the long-
term objective of achieving ‚zero’ accidents for both
groups.
• Development and implementation of a
dedicated policy and programs to promote
responsibility and compliance with occupational
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health and safety rules, as well as accident
In 2023 the total number of SSM - SU training hours
The calculation of emissions for all companies within the Group was conducted with the support of an
prevention measures;
reached 333,792 compared to 315,295 SSM - SU
external specialized consultant, using the GHG Protocol standard. The result indicates that a significant
• Consultation of workers from all workplaces in
the process of improving the work environment
and conditions;
• Development of a communication system for
events/near misses in the field of SSM through
IT&C platforms, ensuring quick and easy
communication with the option of anonymity,
if desired, for electricians, coupled with
encouragement for reporting;
training hours in 2022, motivated by the increase in
source of GHG emissions continues to be the own technological consumption (OTC) from distribution
personnel numbers in 2023 compared to 2022.
networks (results can be analyzed in the Sustainability Report for the year 2022, published in June 2023,
available on the website www.electrica.ro).
At the Group level, a number of 902 OSH controls
were carried out, to identify deficiencies that could
At the level of the distribution operator DEER within the Group, the PCB (polychlorinated biphenyls)
generate risks for the safety and health at work of
elimination program from operating electrical installations continued in 2023, complying with the legally
employees, followed by immediate treatment of the
established national deadline of 2028 for their total elimination (cf. Government Decision no. 1497/2008),
non-compliances found.
with a considerable reduction observed.
In 2023 a total of 2,435 controls in the field of
occupational health and safety were conducted
Figure 40: PCB capacitors in operation at the end of 2023 compared to 2022
• Provision of entry-level devices and minimal
by certified personnel, compared to 1,999 controls
voice and data subscriptions for directly
in 2022. Following these controls, preventive and
productive workers to extend and operationalize
corrective measures were established with the aim
reporting platforms;
of reducing the incidence of workplace accidents
and mitigating associated risks.
1489
1089
Despite numerous inspections by Territorial
Labor Inspectorates and Emergency Situations
Inspectorates during the reference period, none of
the Electrica Group companies faced sanctions.
• Communication of occupational health and
safety objectives to all contractors of Electrica
Group companies, as well as monitoring
them regarding compliance with legal
requirements and specific instructions in the
field. Establishment of a working group with
representatives from all Group companies to
develop the necessary tools for better SSM
management in relation to contractors;
• Communication to users and communities of
the risks associated with unauthorized access
to facilities managed by Electrica Group
companies, both physical risks (such as electric
shock, fall hazards) and legal risks.
2022
2023
Source: Electrica
And throughout the year 2023, the principles of selective waste collection and recycling of waste categories
generated at the Group level were maintained—whenever the requirements for this are met—or their
destruction with authorized operators. This effort aims to contribute to the reduction of environmental
pollution and the maintenance of the health of both humans and animals.
Figure 41: The quantity of waste (in tons) generated and the treatment methods
3824
4358
Recycle
5.6 Environmental considerations
The amount of expenses in the environmental protection domain within the Electrica Group in the year 2023
was RON 17.8 mn.. These expenses continued to be allocated primarily for the prevention and protection
against forest fires, waste collection and disposal, protection and conservation of flora and fauna species,
land protection, etc.
At the Electrica Group level, efforts are made to obtain a detailed understanding of the environmental
impact of our activities and to identify optimal solutions for their management. In 2023, monitoring of
greenhouse gas emissions (GHG) levels within the companies of the Electrica Group continued, along with
their evaluation.
4432
Source: Electrica
Coincineration
Incineration
Storage
Temporary storage
(own warehouses)
6,7
67,4
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Following external certification/surveillance audits conducted by the certification body SRAC Cert
throughout the year 2023, the companies within the Electrica Group have maintained the certifications
for their own Integrated Quality - Environment - Health and Safety Management Systems. These systems
are managed responsibly and efficiently, addressing the environmental aspects specific to the activities
carried out, in accordance with legal requirements and the provisions of the reference standard SR EN ISO
14001:2015.
5.7 Research and development activities
Electrica Group is promoting technological
organizations (companies, universities, etc.),
innovation by participating in research and
coordinated by Intrasoft International, Belgium, with
development projects financed/co-financed
a duration of 36 months starting from October 2021.
through European funds, which aims to empower
the resilience of energy systems with an increasingly
complex structure but also more vulnerable to
cyber-attacks.
In 2023, Electrica, in cooperation with University
POLITEHNICA of Bucharest (UPB), created a test
laboratory for various countermeasure scenarios
of possible cyber attacks on electricity distribution
Thus, with the integration of an increasing number
networks.
of distributed generation sources in the distribution
network increases the role of intelligent technologies
Electrica achievements:
as well in network operation by remote monitoring,
control, or operation and even more by network
self-healing implementation.
• Use case 4 defining - Proactive islanding, that
fulfills an efficient detection of cyber threats:
addressing and mitigating cyber-attacks in the
standards.
In this context, Electrica participates in the European
project ELECTRON - resilient and self-healed
EleCTRical power Nanogrid, financed by the EU,
which addresses the need to protect the distribution
network against a variety of threats, ranging from
cyberattacks, dynamic and evolving Advanced
Persistent Threats (APT), and privacy violations, to
electricity disturbances.
The project aims at delivering a new-generation
EPES (Electrical Power and Energy System) platform,
capable of empowering the resilience of energy
systems through risk assessment, anomaly
detection and prevention, failure mitigation and
energy restoration, and personnel training.
The project is carried out by a consortium of 34
• Analysis of the opportunity to implement the
platforms proposed in the project - in the 2nd
year of the project;
the 2nd year of the project;
• Threat level and types of attackers - in the 2nd
year of the project;
• Testing of ELECTRON components - to ensure
increased resistance of the energy system,
while ensuring business continuity and critical
5.8 Significant aspects of the impact of subsidies on the
capitalization of additional costs related to technological
consumption (NL)
Distribution segment
Having regard to the following aspects concerning
the legislative changes in the energy sector
concerning the recognition in tariffs of the additional
costs of the purchase of electricity to cover their
technological consumption compared to the costs
included in the regulated tariffs, introduced by:
period 1 April 2022 – 31 March 2023, as well as
for the modification and completion of some
normative acts in the field of energy: for the
period 1 January 2023 – 31 March 2025, it is
established the mechanism of centralized
purchase of electric energy. GEO no. 153/2022
was approved and amended by Law 206/2023.
• ANRE order no. 129/2022 for the approval of
the methodological norms regarding the
recognition in tariffs of the additional costs with
the acquisition of electricity to cover the own
technological consumption compared to the
costs included in the regulated tariffs; Modified
by ANRE Order no. 104/2023, which modifies
the application period until March 31, 2025,
and supplementing the Government Emergency
Ordinance no. 27/2022 on the measures
applicable to final customers in the electricity
and natural gas market during 1 April 2022-
31 March 2023, as well as amending and
supplementing some normative acts in the
field of energy. GEO no. 119/2022 was approved
• Transposing the provisions of the normative acts
from the primary and secondary legislation into
the financial accounting area by MF order no.
3900/2022 regarding the approval of accounting
specifications in the application of the provisions
of art. III of Government Emergency Ordinance
no. 119/2022 amending and supplementing
Government Emergency Ordinance no. 27/2022
on the measures applicable to final customers
in the electricity and natural gas market
between 1 April 2022 - 31 March 2023, as well as
for the modification and completion of some
normative acts in the field of energy. MF order
no. 5378/2023 regarding the approval of some
accounting clarifications in application of the
provisions of art. III paragraph (1) from GEO no.
119/2022 for the amendment and completion
of the GEO no. 27/2022 regarding the measures
applicable to final customers in the electricity
and natural gas market during the period 1
April 2022 – 31 March 2023, as well as for the
amendment and completion of some normative
acts in the field of energy, adds the period 1
• GEO. no. 153/2022 for the amendment and
January 2024 - 31 March 2025.
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 1 2022 – 31 March 2023, as well as for the
amendment and completion of some normative
acts in the field of energy and the amendment
Starting with September 2022, it is allowed to
capitalize, recognize and report additional costs
related to the own technological consumption (NL)
of distribution operators.
• Vulnerability and impact analysis: estimating the
and amended by Law no. 357/2022, application
severity of a vulnerability on a certain asset - in
period 1 January 2023 – 31 March 2025.
operations of the energy community - in the 3rd
of the GEO. no. 119/2022 for amending and
year of the project.
supplementing the GEO. no. 27/2022 regarding
the measures applicable to end customers in
the electricity and natural gas market in the
The growing number of cyber security incidents
Romanian Energy Chain - in the 1st year of the
according to the changes approved by Law no.
in the energy system as well as the need for
project;
shielding against a variety of threats require
357/2022.
novel and holistic solutions that employ cutting
• Implementation of Security and confidentiality
• Emergency Ordinance no. 119/2022 amending
edge technologies to detect and mitigate threats,
requirements for users according to the
ensuring compliance with the latest cyber security
legislation - in the 2nd year of the project;
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5.9 Principle of business continuity – substantiation and
working hypothesis
The going concern principle implies that the entity
to the latest ANRE report October 2022 for the supply
continues its normal operations without going into
segment) as market share on the electricity supply
liquidation or significantly reducing its activity.
market and having as main shareholder of Electrica
This report and the consolidated financial
statements published by the Grouo have been
prepared on the going concern basis. In making this
judgement management considers current trading
performance and access to finance resources. The
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.
Group has prepared a forecast that includes the
Based upon the above projections and other
following assumptions:
information, given the measures already
implemented and the strategies to reduce the
• A continuation of the support scheme until
risks which may occur due to the instability of the
31 March 2025 according to the applicable
economic environment, the Board of Directors has,
legislation but with a more stable flow of
at the time of approving this report, a reasonable
repayments of the reimbursement requests for
expectation that the Group has adequate resources
subsidies as compared with last year, as the
to continue in operational existence for the
mechanism has been operationally improved;
foreseeable future. Thus, they continue to adopt the
going concern basis of accounting in preparing this
• It is planned to renew confirmed financing
report and the consolidated financial statements
facilities up to RON 4,961.5 mn., including
published by the Group.
overdraft limits of RON 2,736.4 mn. and RON
2,225.1 mn. limit on long-term loans.
• The use of the as yet unconfirmed facilities in the
form of overdrafts amounting to RON 574.1 mn.
will be drawn down, of which RON 250.0 mn. will
be repaid during the forecast period.
At the date of issuance of this report 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 17.72 % (according
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6. ELECTRICA
FINANCIAL REPORTING
FOR 2023
174
175
The presentation of the Group’s consolidated financial information in chapters 6.1.1, 6.2.1, 6.3.1 and 6.7
is based on the consolidated financial statements that have been prepared in accordance with the
International Financial Reporting Standards (“IFRS”) adopted by the European Union (“IFRS-EU”). These
consolidated financial statements are presented in RON, which is the functional currency of all companies
within the Group.
The presentation of the Group’s consolidated financial information in chapters 6.1.2, 6.2.2, 6.3.2 is based
on the consolidated financial statements prepared in accordance with OMFP no. 2844/2016. These
consolidated financial statements are presented in RON, which is the functional currency of all companies
within the Group.
6.1 Consolidated statement of the financial position
6.1.1 Consolidated statement of the financial position – S-IFRS-EU
The following table presents the consolidated statement of the financial position.
Table 25. Consolidated statement of the financial position 2023-2021 (RON. mn) – S-IFRS-EU
31 December
2023
31 December
2022*
Variation
2023/2022 abs
31 December
2021
ASSETS
Non-current assets
Intangible assets related to
concession agreements
Goodwill
Other intangible assets
6,220.5
5,675.9
544.7
5,514.6
24.7
27.8
12.0
12.9
Property, plant and equipment
595.0
499.4
Investments in associates
Other investments
Deferred tax assets
Other non-current assets
Right of use assets
16.6
7.0
32.4
52.0
41.0
18.8
7.0
30.2
2.4
52.2
Total non-current assets
7,017.0
6,310.7
12.7
15.0
95.6
(2.2)
-
2.2
49.6
(11.2)
706.3
-
9.0
505.4
25.8
-
83.5
1.7
20.9
6,160.9
Current assets
Trade receivables
Other receivables
2,540.4
2,466.0
74.4
1,344.6
93.8
127.3
(33.4)
48.6
31 December
2023
31 December
2022*
Variation
2023/2022 abs
31 December
2021
Cash and cash equivalents
Subsidies receivables
Inventories
Prepayments
Current income tax receivable
Assets held for sale
377.2
2,614.5
115.7
12.9
-
0.3
334.9
1,280.8
114.0
13.9
24.0
0.3
42.3
221.8
1,333.7
1.7
(1.0)
(24.0)
(0.0)
-
73.0
5.0
23.8
5.4
Total current assets
5,754.9
4,361.1
1,393.7
1,722.2
Total assets
12,771.9
10,671.8
2,100.1
7,883.1
EQUITY AND LIABILITIES
Equity
Share capital
Share premium
Treasury shares reserves
Pre-paid capital contributions in kind
from shareholders
Revaluation reserve
Legal reserves
Retained earnings
3,464.4
3,464.4
103.0
(75.4)
0.0
159.5
449.4
1,259.4
103.0
(75.4)
0.0
92.1
429.6
554.6
-
-
-
67.4
19.8
704.8
3,464.4
103.0
(75.4)
0.0
102.8
408.4
950.2
Total equity attributable to
shareholders of the Company
5,360.4
4,568.5
792.0
4,953.6
Non-controlling interests
(0.5)
(0.5)
0.0
-
Total equity attributable to
shareholders of the Company
5,360.0
4,567.9
792.0
4,953.6
Liabilities
Non-current liabilities
Lease liability – long term
Deferred tax liabilities
Employee benefits
Other liabilities
29.1
121.3
151.4
37.2
34.5
60.3
117.3
72.4
Long-term bank borrowings
794.3
647.2
(5.3)
61.0
34.1
(35.3)
147.2
12.1
161.9
149.2
32.7
118.8
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Total non-current liabilities
1,133.3
931.7
201.7
474.7
31 December
2023
31 December
2022*
Variation
2023/2022 abs
31 December
2021
Current liabilities
Lease liability – short term
Bank overdrafts
Trade payables
Other payables
Deferred revenue
Employee benefits
Provisions
Current income tax liability
Current portion of long-term bank
borrowings
14.1
2,851.2
1,671.5
1,035.1
7.8
120.5
41.2
13.9
523.3
19.2
2,571.0
1,407.1
867.5
24.8
114.2
53.7
1.1
113.5
(5.2)
280.2
264.4
167.6
(16.9)
6.4
(12.5)
12.8
9.4
627.4
891.3
271.3
9.7
101.1
34.9
-
409.8
509.7
Trade receivables
Trade receivables mainly include unpaid invoices issued up to the reporting date for the supply and
distribution of electricity and services, penalties for late payment and estimated receivables relating to
electricity delivered and services rendered up to the year-end but invoiced after the year-end.
Trade receivables increased by RON 74.4 mn. in 2023, or 3%, from RON 2,466.0 mn. to RON 2,540.4 mn. at 31
December 2023.
Cash and cash equivalents
Cash and cash equivalents include cash balances, demand deposits and current accounts with banks.
Cash and cash equivalents increased by RON 42.3 mn., or 12.6%, to RON 377.2 mn. from RON 334.9 mn. in
2022.
Table 26. Cash and cash equivalents 2023-2021 – S-IFRS-EU
(RON mn.)
31 December
2023
31 December
2022
31 December
2021
Total current liabilities
6,278.6
5,172.2
1,106.5
2,454.9
Bank current accounts
223.2
141.7
167.8
Total liabilities
7,411.9
6,103.8
1,308.1
2,929.6
Total equity and liabilities
12,771.9
10,671.8
2,100.1
7,883.1
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
*The amounts for 2022 have been restated, detailed in sub-chapter 6.7 of this report
The materiality threshold established internally at the Group level for analysis of main indicators
(presented below) is worth RON 85.7 mn., representing 5% of EBITDA.
Fixed assets
Call deposits
Cash in hand
154.0
193.2
-
-
53.9
0.1
Total cash and cash equivalents in the consolidated
statement of financial position
377.2
334.9
221.8
Overdrafts used for cash management purposes
-
-
(627.4)
Total cash and cash equivalents in the consolidated
statement of cash flows
377.2
334.9
(405.6)
Fixed assets increased by RON 706.3 mn. in 2023, or 11.2%, from RON 6,310.7 mn. at 31 December 2022 to RON
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
7,017.0 mn. at 31 December 2023, this change being mainly the cumulative effect of:
• RON 544.7 mn. increase in network investments made by the distribution subsidiaries (the most relevant
Share capital and share premium
values of investments and start-ups are shown in Appendix 2);
The issued share capital in nominal terms consists of 346,443,597 ordinary shares at 31 December 2023 and
• increase of RON 95.6 mn. in property, plant and equipment, mainly as a result of the revaluation of
property, plant and equipment at fair value on 31 December 2023.
Current assets
2022 with a nominal value of RON 10 per share.
The company recognizes the changes in its share capital only after their approval in the General Meeting
of Shareholders and their registration with the Trade Register. Contributions made by the shareholder,
which are not registered with the Trade Register at the end of the year, are recognized as “Pre-paid capital
In 2023, current assets increased by RON 1,393.8 mn. compared to 2022, or 32.0%, from RON 4,361.1 mn. to RON
5,754.9 mn., mainly due to an increase of RON 1,333.8 mn. in subsidies receivable in 2023.
contributions in kind from shareholders”.
There were no changes in the number of shares in 2023.
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Table 27. Number of shares 2023 - 2021 – S-IFRS-EU
Table 29. Legal reserves 2023-2021 (RON mn.) – S-IFRS-EU
Number of ordinary shares
2023
2022
2021
Number of shares at 1 January
346,443,597
346,443,597
346,443,597
Shares issued during the year
-
-
-
Number of shares at 31 December
346,443,597
346,443,597
346,443,597
Source: Electrica
Revaluation reserves
The reconciliation between the opening balance and the closing balance of the revaluation reserve is
presented below:
Table 28. Revaluation reserves 2023-2021 (RON mn.) – S-IFRS-EU
Balance at 1 January
2023
92.1
2022
102.8
2021
116.4
Revaluation surplus of land, land improvements and
buildings
85.5
-
-
Release of revaluation reserve to retained earnings
corresponding to depreciation and disposals of property,
(4.4)
(10.7)
(13.5)
plant and equipment
Deferred tax liability arising on revaluation of land, land
improvements and buildings
(13.7)
-
-
Balance at 1 January 2021
Set-up of legal reserves
Balance at 31 December 2021
Set-up of legal reserves
Balance at 31 December 2022
Set-up of legal reserves
Balance at 31 December 2023
Legal reserves
392.3
16.1
408.4
21.2
429.6
19.8
449.4
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
Non-current liabilities
to RON 2,851.2 mn., from RON 2,571.0 mn. at the end
of 2022, to cover the financing needs of current
Non-current liabilities increased from RON 931.7 mn.
activities.
as at 31 December 2022 to RON 1,133.3 mn. as at 31
December 2023.
Trade payables
This evolution is a net effect of the variation of
As of 31 December 2023, trade payables increased
the main categories of long-term debts, the most
by approximately RON 264.4 mn. to RON 1,671.5
significant of which is the increase in the balances
mn. from RON 1,407.1 mn. as at 31 December 2022
of long-term loans (CEC Bank and Exim Bank),
mainly due to the increase in the balance of energy
through drawings made in 2023 mainly to finance
suppliers as a result of changes in the energy
the Group’s investments.
Current liabilities
market as well as the increase in the balance
of suppliers in relation to capital expenditure.
Electricity suppliers are mainly state-owned
electricity producers.
Balance at 31 December
159.5
92.1
102.8
In 2023, current liabilities increased by RON 1,106.4
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
Legal reserves
The legal reserves are established as 5% of the profit before tax according to the individual statutory
financial statements of companies within the Group, until the total legal reserves reach 20% of the paid-up
share capital of each company, according to legal provisions. These reserves are deductible for income tax
purposes and are not distributable.
mn. to RON 6,278.6 mn. from RON 5,172.2 mn. at
Other payables
the end of 2022, mainly due to the evolution of the
categories listed below.
Current portion of long-term bank borrowings
The current portion of long-term bank loans
recorded an increase of 409.8 mn. RON, as a result
of the short-term loan with ERSTE Group Bank,
Raiffeisen Bank and the maturity of the loan with
Vista Bank under 12 months..
As of 31 December 2023, other liabilities increased
by approximately RON 167.5 mn. to RON 1,035.1 mn.
from RON 867.5 mn. as of 31 December 2022, of
which VAT payable increased in 2023 by RON 23.7
mn. and other liabilities increased by RON 122.2
mn.. Other payables mainly include guarantees,
sundry creditors, connection fee, habitat tax and
cogeneration contributions.
Overdrafts
The overdrafts increased in 2023 by RON 280.2 mn.
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31
December
2023
31
December
2022
Variation
2023/2022
abs
31
December
2021
3,464.4
3,464.4
103.0
103.0
(75.4)
(75.4)
159.5
92.1
449.4
429.6
0.0
0.0
0.0
67.4
19.8
1,907.0
1,353.9
553.1
3,464.4
103.0
(75.4)
102.8
408.4
950.2
6.1.2 Consolidated statement of the financial position –
S-OMFP 2844/2016
The following table presents the consolidated statement of the financial position.
EQUITY AND LIABILITIES
Table 30. Consolidated statement of the financial position 2023-2021 (RON. mn) – S-OMFP 2844/2016
31
December
2023
31
December
2022
Variation
2023/2022
abs
31
December
2021
ASSETS
Non-current assets
Intangible assets related to concession
agreements
6,220.5
5,675.9
544.7
5,514.6
Intangible assets related to NL capitalization
770.9
951.6
(180.7)
Goodwill
Other intangible assets
24.7
27.8
12.0
12.9
Property, plant and equipment
595.0
499.4
Investments in associates
Other investments
Deferred tax assets
Other non-current assets
Right of use assets
16.6
7.0
32.4
52.0
41.0
18.8
7.0
30.2
2.4
52.2
12.7
14.9
95.6
(2.2)
-
2.2
49.6
(11.2)
-
-
9.0
505.4
25.8
-
83.5
1.7
20.9
Total non-current assets
7,787.9
7,262.3
525.7
6,160.9
Equity
Share capital
Share premium
Treasury shares reserves
Revaluation reserve
Legal reserves
Retained earnings
Total equity attributable to shareholders of the
Company
Liabilities
Non-current liabilities
Lease liability – long term
Deferred tax liabilities
Employee benefits
Other liabilities
Subsidies receivables
2,614.5
1,280.8
1,333.7
Current assets
Trade receivables
Other receivables
Cash and cash equivalents
Inventories
Prepayments
Current income tax receivable
Assets held for sale
Total current assets
2,540.4
2,466.0
74.4
1,344.6
Long-term bank borrowings
794.3
647.2
Total non-current liabilities
1,256.7
1,083.9
93.8
377.2
127.3
334.9
(33.5)
42.3
115.7
12.9
-
0.3
114.0
13.9
24.0
0.3
1.7
(1.0)
(24.0)
(0.0)
48.6
221.8
-
73.0
5.0
23.8
5.4
5,754.9
4,361.1
1,393.7
1,722.2
Current liabilities
Lease liability – short term
14.1
19.2
(5.1)
Bank overdrafts
Trade payables
Other payables
Deferred revenue
Employee benefits
Provisions
2,851.2
2,571.0
1,671.5
1,035.1
7.8
120.5
41.2
1,407.1
867.5
24.8
114.2
53.7
280.2
264.4
167.6
(17.0)
6.3
(12.5)
Total assets
13,542.8
11,623.3
1,919.5
7,883.1
29.1
244.7
151.4
37.2
34.5
212.6
117.3
72.4
(5.4)
32.1
34.1
(35.2)
147.1
172.8
12.1
161.9
149.2
32.7
118.8
474.7
9.4
627.4
891.3
271.3
9.7
101.1
34.9
Total equity attributable to shareholders of the
Company
6,008.0
5,367.8
640.2
4,953.6
Non-controlling interests
(0.5)
(0.5)
0.0
-
6,007.5
5,367.2
640.3
4,953.6
2023 ANNUAL REPORT2023 ANNUAL REPORT2023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 20232023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 2023182
183
31
December
2023
31
December
2022
Variation
2023/2022
abs
31
December
2021
Cash and cash equivalents
Cash and cash equivalents include cash balances, demand deposits and current accounts with banks.
Cash and cash equivalents increased by RON 42.3 mn., or 12.6%, to RON 377.2 mn. from RON 334.9 mn. in 2022
Current income tax liability
13.9
Current portion of long-term bank borrowings
523.3
1.1
113.5
12.8
-
409.8
509.7
Table 31. Cash and cash equivalents 2023-2021 – S-OMFP 2844/2016
Total current liabilities
6,278.6
5,172.2
1,106.4
2,454.9
(RON mn.)
31 December
2023
31 December
2022
31 December
2021
Total liabilities
7,535.3
6,256.1
1,279.2
2,929.6
Bank current accounts
223.2
141.7
167.8
Total equity and liabilities
13,542.8
11,623.3
1,919.5
7,883.1
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
Call deposits
Cash in hand
154.0
193.2
0.0
-
53.9
0.1
The materiality threshold established internally at the Group level for analysis of main indicators (presented
below) is worth RON 86.6 mn., representing 5% of EBITDA.
Total cash and cash equivalents in the consolidated
statement of financial position
377.2
334.9
221.8
Fixed assets
Fixed assets increased by RON 525.7 mn. in 2023, or 7%, from RON 7,262.3 mn. at 31 December 2022 to RON
7,787.9 mn. at 31 December 2023, this change being mainly the cumulative effect of:
Overdrafts used for cash management purposes
-
-
(627.4)
Total cash and cash equivalents in the consolidated
statement of cash flows
377.2
334.9
(405.6)
• RON 544.7 mn. increase in network investments made by the distribution subsidiaries (the most relevant
values of investments and start-ups are shown in Appendix 2);
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
• decrease of 180.6 mn. RON in the capitalization of additional costs with NL;
Share capital and share premium
• increase of RON 95.6 mn. in property, plant and equipment, mainly as a result of the revaluation of
property, plant and equipment at fair value on 31 December 2023.
The issued share capital in nominal terms consists of 346,443,597 ordinary shares at 31 December 2023 and
2022 with a nominal value of RON 10 per share.
Current assets
In 2023, current assets increased by RON 1,393.8 mn. compared to 2022, or 32.0%, from RON 4,361.1 mn. to RON
5,754.9 mn., mainly due to an increase of RON 1,333.8 mn. in subsidies receivable in 2023.
Trade receivables
Trade receivables mainly include unpaid invoices issued up to the reporting date for the supply and
distribution of electricity and services, penalties for late payment and estimated receivables relating to
electricity delivered and services rendered up to the year-end but invoiced after the year-end.
Trade receivables increased by RON 74.4 mn. in 2023, or 3%, from RON 2,466.0 mn. to RON 2,540.4 mn. at 31
December 2023.
The company recognizes the changes in its share capital only after their approval in the General Meeting
of Shareholders and their registration with the Trade Register. Contributions made by the shareholder,
which are not registered with the Trade Register at the end of the year, are recognized as “Pre-paid capital
contributions in kind from shareholders”.
There were no changes in the number of shares in 2023.
Table 32. Number of shares 2023 - 2021 – S-OMFP 2844/2016
Number of ordinary shares
2023
2022
2021
Number of shares at 1 January
346,443,597
346,443,597
346,443,597
Shares issued during the year
-
-
-
Number of shares at 31 December
346,443,597
346,443,597
346,443,597
Source: Electrica
2023 ANNUAL REPORT2023 ANNUAL REPORT2023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 20232023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 2023
184
185
Revaluation reserves
Table 34. Legal reserves 2023-2021 (RON mn.) – S-OMFP 2844/2016
The reconciliation between the opening balance and the closing balance of the revaluation reserve is
presented below:
Table 33. Revaluation reserves 2023-2021 (RON mn.) – S-OMFP 2844/2016
Balance at 1 January
92.1
102.8
2023
2022
2021
116.4
Revaluation surplus of land, land improvements and
buildings
85.5
-
-
Release of revaluation reserve to retained earnings
corresponding to depreciation and disposals of property,
(4.4)
(10.7)
(13.5)
plant and equipment
Deferred tax liability arising on revaluation of land, land
improvements and buildings
(13.7)
-
-
Balance at 31 December
159.5
92.1
102.8
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
Legal reserves
The legal reserves are established as 5% of the profit before tax according to the individual statutory
financial statements of companies within the Group, until the total legal reserves reach 20% of the paid-up
share capital of each company, according to legal provisions. These reserves are deductible for income tax
purposes and are not distributable.
Balance at 1 January 2021
Set-up of legal reserves
Balance at 31 December 2021
Set-up of legal reserves
Balance at 31 December 2022
Set-up of legal reserves
Balance at 31 December 2023
Legal reserves
392.3
16.1
408.4
21.2
429.6
19.8
449.4
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
Non-current liabilities
Overdrafts
Non-current liabilities increased from RON 1,083.9
The overdrafts increased in 2023 by RON 280.2 mn.
mn. as at 31 December 2022 to RON 1,256.7 mn. as at
to RON 2,851.2 mn., from RON 2,571.0 mn. at the end
31 December 2023.
of 2022, to cover the financing needs of current
This evolution is a net effect of the variation of
the main categories of long-term debts, the most
Trade payables
activities.
significant of which is the increase in the balances
of long-term loans (CEC Bank and Exim Bank),
through drawings made in 2023 mainly to finance
the Group’s investments.
Current liabilities
In 2023, current liabilities increased by RON 1,106.4
mn. to RON 6,278.6 mn. from RON 5,172.2 mn. at
As of 31 December 2023, trade payables increased
by approximately RON 264.4 mn. to RON 1,671.5
mn. from RON 1,407.1 mn. as at 31 December 2022
mainly due to the increase in the balance of energy
suppliers as a result of changes in the energy
market as well as the increase in the balance
of suppliers in relation to capital expenditure.
Electricity suppliers are mainly state-owned
the end of 2022, mainly due to the evolution of the
electricity producers.
categories listed below.
Other payables
Current portion of long-term bank borrowings
The current portion of long-term bank loans
recorded an increase of 409.8 mn. RON, as a result
of the short-term loan with ERSTE Group Bank,
Raiffeisen Bank and the maturity of the loan with
Vista Bank under 12 months.
As of 31 December 2023, other liabilities increased
by approximately RON 167.5 mn. to RON 1,035.1 mn.
from RON 867.5 mn. as of 31 December 2022, of
which VAT payable increased in 2023 by RON 23.7
mn. and other liabilities increased by RON 122.2
mn.. Other payables mainly include guarantees,
sundry creditors, connection fee, habitat tax and
cogeneration contributions.
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187
6.2 Consolidated statement of profit or loss
6.2.1 Consolidated statement of profit or loss – S-IFRS-EU
The following table presents the consolidated statement of profit or loss of Electrica Group for 2023, 2022
and 2021.
Table 35. Consolidated statement of profit or loss (RON mn.) – S-IFRS-EU
Key financial indicators for 2023 and their evolution compared to 2022:
• Revenues: RON 9,816.6 mn., down RON 193.3 mn., or 1.9%;
• EBITDA: positive RON 1,714.1 mn., up RON 1,340.5 mn. or 358.8%;
• EBIT: positive RON 1,191.8 mn., up RON 1,314.4 mn.;
• EBT: positive RON 897,9 mn., up RON 1,185.6 mn.;
• Net result: net profit of 772.1 mn. RON, up by 1,012.6 mn. RON.
Revenues and other income
Revenue
Other income
2023
2022*
Variation
2023/2022
2021
In 2023, Electrica recorded total revenues (including other operating revenues) of RON 13,315.1 mn., an
increase of RON 464.3 mn., or 3.6%, from RON 12,850.9 mn. in 2022; the variation is generated by the evolution
9,816.8
10,009.9
(496.1)
7,178.9
of other operating revenues, which mainly represent subsidies for the supply segment.
3,498.6
2,841.0
657.6
195.8
Revenues
Electricity and natural gas purchased
(9,058.0)
(10,506.8)
1,448.8
(5,694.7)
(976.4)
(593.5)
(382.9)
(485.8)
As at 31 December 2023, Electrica recorded revenues of RON 9,816.6 mn., a decrease of RON 193.3 mn.
compared to 31 December 2022, being the net effect of the following main factors:
Construction costs related to concession
arrangements
Employee benefits
(962.1)
(823.4)
(138.7)
(802.7)
• RON 926.5 mn. decrease in the supply segment;
Repairs, maintenance and materials
(95.2)
(88.2)
(7.0)
(102.4)
• the increase of RON 725.9 mn. in revenues from the distribution segment.
Depreciation and amortization
(524.5)
(496.3)
(28.2)
(480.8)
Impairment for trade and other receivables, net
(75.8)
(112.3)
36.5
(70.6)
Figure 42: Revenue for 2023 and comparative information (RON mn.) – S-IFRS-EU
Other operating expenses
(431.4)
(353.0)
(78.4)
(343.1)
Operating profit
1,191.8
(122.6)
1,314.4
(605.5)
Finance income
Finance costs
Net finance cost
Profit before tax
Income tax expense
Profit for the year
Earnings per share
3.4
9.7
6.3
(297.2)
(174.7)
(122.5)
(293.8)
(165.0)
(128.8)
2.6
(29.5)
(26.9)
897.9
(287.6)
1,185.6
(632.4)
(125.8)
47.2
(173.0)
79.5
772.1
(240.5)
1,012.6
(552.9)
Basic and diluted earnings per share (RON)
2.27
(0.71)
2.98
(1.63)
Source: Electrica
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
*The amounts for 2022 have been restated, detailed in sub-chapter 6.7 of this report
The materiality threshold established internally at the Group level for analysis of main indicators
(presented below) is worth RON 85.7 mn., representing 5% of EBITDA.
10,010
609
9,817
543
9,401
9,273
7,179
582
6,597
2021
2022
2023
Green C ertificates
Revenu es
Revenu es excl
Green C ertificates
2023 ANNUAL REPORT2023 ANNUAL REPORT2023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 20232023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 2023188
189
Electricity and natural gas purchased
EBITDA and EBITDA margin
In 2023, purchased electricity expenditure decreased by RON 1,448.8 mn., or 13.8%, to RON 9,058.0 mn. from
RON 10,506.8 mn. in the comparative period.
This variation is mainly generated by the significant decrease in the cost of electricity and natural gas
purchased for the supply activity and for the NL hedging, as well as the cost of green certificates (re-
invoiced cost).
Electricity purchase prices fell in 2023 as a result of the implementation of the MACEE centralised purchase
mechanism, under which generators are obliged to sell 80% of available energy at a price of 450 RON/MWh,
an impact mitigated by the increase in electricity volumes needed to cover grid losses.
Table 36. Electricity, natural gas and goods purchased 2023-2021 (RON mn.) – S-IFRS-EU
(RON mn.)
2023
2022
Variation
2023/2022
2021
Electricity purchased to cover network losses
1,039.9
1,987.2
(947.3)
1,087.1
Figure 43: EBITDA and EBITDA margin for 2023 and comparative information (RON mn. and %) –
S-IFRS-EU
17.5%
1,714
-1.8%
(128)
3.7%
374
EBITDA
EBITDA Margin
Source: Electrica
Operating profit
Electricity, natural gas and goods and
purchased for supply
Transmission and system services related to
supply activities
Green certificates
7,202.1
7,613.1
(411.0)
3,750.0
272.6
297.4
(24.8)
275.9
same period last year, with the EBIT evolution mainly due to the favourable impact of lower purchased
The Group Operating profit (EBIT) increased increased by approximately RON 1,314.4 mn., compared to the
543.4
609.1
(65.7)
581.7
electricity and natural gas costs.
Figure 44: EBIT and EBIT margin for 2023 and comparative information (RON mn. and %) –
Total electricity and natural gas purchased
9,058.0
10,506.8
(1,448.8)
5,694.7
S-IFRS-EU
Source: Electrica
Construction costs
In 2023, the costs for the construction of electricity grids in connection with concession agreements
increased by RON 382.9 mn. or 64.5% to RON 976.4 mn. from RON 593.5 mn. recorded in 2022, correlating
with the evolution of the investments recognizable in RAB made in 2023, which were at a higher level than in
2022.
(606)
-8.4%
-1.2%
(123)
12.1%
1,192
EBIT
EBIT Margin
Source: Electrica
2023 ANNUAL REPORT2023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 2023MESSAGE FROM THE CHAIR OF THE BOARDS OF DIRECTORS2023 ANNUAL REPORT190
Net finance cost
Net financial expenses (loss from net financial activity) at group level increased by RON 128.8 mn. in 2023
compared to 2022, as a result of the increase in financial expenses, correlated with the increase in external
financing.
Profit before tax
The Group recorded a gross profit in the amount of RON 897.9 mn. compared to loss of RON 287.6 mn. in
2022 as a result of the factors mentioned above.
Income tax expense
The tax on income was an expense of RON 125.8 mn. in 2023, generated by the incurred gross profit.
Net result for the year
As a result of the factors presented above, in 2023 the net result of the exercise materialized in a profit of
RON 772.1 mn., having an increase of RON 1,012.6 mn. compared to the loss of RON 240.5 mn. recorded in
2022.
Figure 45: Net profit and Net profit margin for 2023 and comparative information (RON mn. and
%) – S-IFRS-EU
7.9%
-2.4%
Net Result
Net Result Margin
-7.7%
Source: Electrica
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2023 ANNUAL REPORT2023 ANNUAL REPORT2023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 20232023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 2023
192
193
6.2.2 Consolidated statement of profit or loss – S-OMFP 2844/2016
The materiality threshold established internally at the Group level for analysis of main indicators
(presented below) is worth RON 86.6 mn., representing 5% of EBITDA.
The following table presents the consolidated statement of profit or loss of Electrica Group for 2023, 2022
and 2021.
Table 37. Consolidated statement of profit or loss (RON mn.) – S-OMFP 2844/2016
Key financial indicators for 2023 and their evolution compared to 2022:
• Revenues: RON 9,816.6 mn., down RON 193.3 mn., or 1.9%;
• EBITDA: positive RON 1,732.7 mn., up RON 369.8 mn. or 27.1%;
Revenue
Other income
Capitalised costs of intangible non-current
assets
2023
2022
Variation
2023/2022
2021
• EBIT: positive RON 1,011.1 mn., up RON 182.2 mn.;
• EBT: positive RON 717.3 mn., up RON 53.4 mn.;
9,816.6
10,009.9
(193.3)
7,178.9
• Net result: net profit of 620.4 mn. RON, up by 61.6 mn. RON.
3,498.6
2,841.0
657.6
195.8
Revenues and other income
18.6
989.3
(970.7)
-
In 2023, Electrica recorded total revenues (including other operating revenues) of RON 13,315.2 mn., an
increase of RON 464.3 mn., or 3.6%, from RON 12,850.9 mn. in 2022; the variation is generated by the evolution
Electricity and natural gas purchased
(9,058.0)
(10,506.8)
1,448.8
(5,694.7)
of other operating revenues, which mainly represent subsidies for the supply segment.
Construction costs related to concession
arrangements
Employee benefits
(976.4)
(593.5)
(382.9)
(485.8)
Revenues
(962.1)
(823.4)
(138.7)
(802.7)
compared to 31 December 2022, being the net effect of the following main factors:
As at 31 December 2023, Electrica recorded revenues of RON 9,816.6 mn., a decrease of RON 193.3 mn.
Repairs, maintenance and materials
(95.2)
(88.2)
(7.0)
(102.4)
• RON 269.5 mn. decrease in the supply segment;
Depreciation and amortization
(723.7)
(534.0)
(189.7)
(480.8)
Reversal of impairment/(Impairment) for trade
and other receivables, net
(75.8)
(112.3)
36.5
(70.6)
• the increase of RON 39.6 mn. in revenues from the distribution segment.
Other operating expenses
(431.4)
(353.0)
(78.4)
(343.1)
Figure 47: Revenue for 2023 and comparative information (RON mn.) – S-OMFP 2844/2016
Operating profit
1,011.1
828.9
182.2
(605.5)
Gain from bargain purchase of subsidiaries*
-
-
-
-
2.6
(29.5)
(26.9)
-
7,179
582
6,597
10,010
609
9,817
543
9,401
9,273
3.4
9.7
(6.3)
(297.2)
(174.7)
(122.5)
(293.8)
(165.0)
(128.8)
-
717.3
(96.9)
-
663.9
(105.1)
-
53.4
(632.4)
8.2
79.5
620.4
558.8
61.6
(552.9)
2021
2022
2023
Basic and diluted earnings per share (RON)
1.83
1.65
0.18
(1.63)
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
*the value is included in EBIT, is separated only for disclosure purposes
Source: Electrica
Green C ertificates
Revenu es
Revenu es excl
Green C ertificates
Finance income
Finance costs
Net finance cost
Profit before tax
Income tax expense
Profit for the year
Earnings per share
2023 ANNUAL REPORT2023 ANNUAL REPORT2023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 20232023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 2023194
195
Income from the production of intangible assets
31 March 2023, as well as amending and supplementing certain regulatory acts in the field of energy - in
In the distribution segment, it is recognized the capitalization of additional costs with the purchase of electricity
as income from the production of intangible assets in the amount of RON 18.6 mn. in 2023, compared to RON
989.3 mn. realized in 2022.
The capitalization of the additional cost with the purchase of electricity realized in the period April 1, 2022 to March
31, 2025 in order to cover NL compared to the costs included in the tariffs approved for this period is provided for
by GEO 119/2022, for the amendment and completion of GEO no. 27/2022, approved and amended by Law no.
357/16 December 2022, and ANRE Order No. 129/2022 approving the Methodological Rules for the recognition in
tariffs of additional costs for the purchase of electricity to cover own technological consumption compared to the
costs included in the regulated tariffs published in MO 1019/19.10.2022, as amended and supplemented by ANRE
Order No. 104. /2023.
Capitalised costs are amortised over a period of 5 years from the date of capitalisation and are reimbursed at
50% of the regulated rate of return (RRR) approved by ANRE, applicable during the period of amortisation of these
force since 20 December 2023.
Correlation of the period of application of GEO 27/2022: The amounts capitalised under Art. III para. (1) of
GEO no. 119/2022 amending and supplementing GEO no. 27/2022 on measures applicable to final customers
in the electricity and natural gas market for the period from 1 April 2022 to 31 March 2023, as well as
amending and supplementing certain regulatory acts in the field of energy, with subsequent additions, shall
be recorded in the accounts under accounting article 208 “Other intangible assets”/separate item = 721
“Income from the production of intangible assets”, as follows:
• (f) as at 31 December 2023, for amounts relating to the period 1 September 2023 to 31 December 2023;
• (g) quarterly, on the last day of each quarter, for the corresponding amounts for the period from 1 January
2024 to 31 March 2025.
Electricity and natural gas purchased
costs. These are recognised as a separate component in the regulated tariffs, referred to as the component
In 2023, purchased electricity expenditure decreased by RON 1,448.8 mn., or 13.8%, to RON 9,058.0 mn. from RON
related to additional costs with NL.
10,506.8 mn. in the comparative period.
In both 2022 and 2023, the difference between the actual energy purchase costs and the ex-ante ANRE prices
This variation is mainly generated by the significant decrease in the cost of electricity and natural gas purchased
recognised in the distribution tariffs are capitalised as intangible assets. These costs will be recovered in tariffs in
for the supply activity and for the NL hedging, as well as the cost of green certificates (re-invoiced cost).
5 years.
In 2023 ANRE amended the Methodology for setting tariffs for the electricity distribution service, by ANRE Order
mechanism, under which generators are obliged to sell 80% of available energy at a price of 450 RON/MWh, an
no. 79/2023 (Order) and defined 2024 as the transition period from the fourth regulatory period (RP4) to the fifth
impact mitigated by the increase in electricity volumes needed to cover grid losses.
regulatory period (PR5). Thus, for DEER, in 2024 the zonal distribution tariffs established on the basis of a single
regulated revenue and single NL targets for the total DEER are maintained.
Table 39. Electricity, natural gas and goods purchased 2023-2021 (RON mn.) –
Electricity purchase prices fell in 2023 as a result of the implementation of the MACEE centralised purchase
Capitalised costs with own technological consumption are recognised for each distribution zone, during 2023
they were 18.6 mn. RON, related to the Muntenia Nord distribution zone, as shown in the table below:
Table 38. NL - intangible assets 2023 (RON mn.) – S-OMFP 2844/2016
Network
distribution areas
Net carrying
amount at 31
December 2022
Capitalisation cost
with NL Intangible
asset 01 Jan-31 Dec
2023 (gross value)
Amortisation
during 2023
Net carrying
amount at 31
December 2023
Muntenia Nord area
374.6
Transilvania Nord area
329.9
Transilvania Sud area
247.0
18.6
-
-
78.0
66.0
55.2
Total
Source: Electrica
951.6
18.6
199.2
315.2
264.0
191.8
770.9
MF Order No. 5378/2023 approving certain accounting specifications in application of the provisions
of Article III para. (1) of GEO no. 119/2022 amending and supplementing GEO no. 27/2022 on measures
S-OMFP 2844/2016
(RON mn.)
2023
2022
Variation
2023/2022
2021
Electricity purchased to cover network losses
1,039.9
1,987.2
(947.3)
1,087.1
Electricity, natural gas and goods and
purchased for supply
Transmission and system services related to
supply activities
Green certificates
7,202.1
7,613.1
(411.0)
3,750.0
272.6
297.4
(24.8)
275.9
543.4
609.1
(65.7)
581.7
Total electricity and natural gas purchased
9,058.0
10,506.8
(1,448.8)
5,694.7
Source: Electrica
Construction costs
In 2023, the costs for the construction of electricity grids in connection with concession agreements
increased by RON 382.9 mn. or 64.5% to RON 976.4 mn. from RON 593.5 mn. recorded in 2022, correlating
with the evolution of the investments recognizable in RAB made in 2023, which were at a higher level than in
applicable to end customers in the electricity and natural gas market during the period from 1 April 2022 to
2022.
2023 ANNUAL REPORT2023 ANNUAL REPORT2023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 20232023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 2023196
197
EBITDA and EBITDA margin
financing, but also of the reduction in financial income, following the decrease in deposits.
Figure 48: EBITDA and EBITDA margin for 2023 and comparative information (RON mn. and %) –
Profit before tax
13.6%13.6%
1,363
1,363
17.7%17.7%
1,733
1,733
The Group recorded a gross profit in the amount of RON 717.3 mn. compared to RON 663.9 mn. in 2022 as a
result of the factors mentioned above.
Income tax expense
The tax on income was an expense of RON 96.9 mn. in 2023, generated by the incurred gross profit.
Net result for the year
As a result of the factors presented above, in 2023 the net result of the exercise materialized in a profit of
RON 620.4 mn., having an increase of RON 61.6 mn. compared to the profit of RON 558.8 mn. recorded in the
period comparison of the year 2022..
EBITDA
EBITDA Margin
Figure 50: Net profit and Net profit margin for 2023 and comparative information
(RON mn. and %) – S-OMFP 2844/2016
S-OMFP 2844/2016
-1.8%-1.8%
(128)
(128)
Source: Electrica
Operating profit
5.6%5.6%
559559
6.3%6.3%
620620
Net Result
Net Result Margin
(553)
(553)
-7.7%-7.7%
Source: Electrica
The Group Operating profit (EBIT) increased increased by approximately RON 182.2 mn., compared to the
same period last year, with the EBIT evolution mainly due to the favourable impact of lower purchased
electricity and natural gas costs.
Figure 49: EBIT and EBIT margin for 2023 and comparative information (RON mn. and %) –
S-OMFP 2844/2016
8.3%8.3%
10.3%10.3%
1,011
1,011
EBIT
EBIT Margin
-8.4%-8.4%
Source: Electrica
Net finance cost
Net financial expenses (loss from net financial activity) at group level increased by RON 128.8 mn. in 2023
compared to 2022, as a result of the increase in financial expenses, correlated with the increase in external
2023 ANNUAL REPORT2023 ANNUAL REPORT2023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 20232023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 2023198
6
8
4
8
3
5
1
1
-
0
2
-
2
2
-
1
4
-
1
9
1
-
4
1
-
2
3
-
OMFP 2844 net result
Other OMFP 2844 adj.
OMFP 2844 adj. profit tax
OMFP 2844 adj. deprec.
OMFP 1802 result
Profit tax OMFP 1802
Financial result
Operating result
Other costs
Monopoly tax
Provision adjust.
Regulated deprec.
5
1
6
-
Accounting deprec.
NL Capitalization
Regulated result 2023
2
7
5
-
Regulated amortiz.
Controlable cost
NL realized
capit.
Deviation of NL. reg.
Total net revenue
0
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7
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6.3 Consolidated cash flow statement
6.3.1 Consolidated cash flow statement –S-IFRS-EU
The following table presents the consolidated statement of cash flows of Electrica Group for 2023, 2022 and
2021.
Table 40. Consolidated cash flow statement (RON mn.) –S-IFRS-EU
Cash flows from operating activities
Profit for the year
Adjustments for:
Depreciation
Amortization
Impairment of property, plant and equipment and
intangible assets, net
2023
2022*
Variation
2023/2022
2021
772.1
(240.5)
1,012.6
(552.9)
16.4
19.9
(3.5)
21.1
508.1
476.5
31.6
459.7
-
-
-
(3.9)
Loss on disposal of property, plant and equipment and
intangible assets
(0.1)
(0.4)
0.3
Evaluation of fixed assets recognized in profit, net
(2.1)
-
(2.1)
2.7
-
(Reversal of impairment)/Impairment of trade and other
receivables, net
75.8
112.3
(36.5)
70.6
(Reversal of impairment)/Impairment of assets held for sale
-
-
-
Change in provisions, net
(12.5)
18.8
(31.3)
0.6
15.7
Net finance cost
293.8
165.0
128.8
26.9
Changes in employee benefits obligations
-
(4.4)
4.4
5.1
Corporate income tax expense
125.8
(47.2)
173.0
(79.5)
Changes in:
Trade receivables
Other receivables
Prepayments
Inventories
Trade payables
Other payables
1,777.4
500.1
1,277.3
(33.9)
(309.2)
(1,286.7)
977.5
(391.4)
5.6
0.9
(13.9)
(8.3)
(22.9)
(8.8)
9.7
(2.2)
(1.7)
(41.0)
39.3
(2.9)
244.4
494.6
(250.2)
274.8
110.4
570.2
(459.8)
32.5
–
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2023 ANNUAL REPORT2023 ANNUAL REPORT2023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 20232023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 2023
200
201
Employee benefits
Deferred revenue
Subsidies receivables
2023
2022*
Variation
2023/2022
2021
28.5
(6.5)
35.0
(16.9)
15.1
(32.0)
(1,333.7)
(1,280.8)
(52.9)
3.2
4.0
-
2023
2022*
Variation
2023/2022
2021
Net cash from/(used in) financing activities
760.0
1,848.6
(1,088.6)
(414.0)
Net (decrease)/increase in cash and cash equivalents
42.3
113.1
(70.7)
(811.5)
Cash and cash equivalents at 1 January
334.9
(405.6)
740.5
406.0
Cash generated from operating activities
505.7
(1,030.0)
1,535.7
(138.9)
Overdrafts used for cash management purposes
-
627.4
(627.4)
-
Interest paid
Income tax paid
(278.5)
(149.4)
(129.1)
(24.1)
(59.0)
(1.2)
(57.8)
(31.4)
Cash and cash equivalents at 31 December
377.2
334.9
42.3
(405.6)
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
*The amounts for 2022 have been restated, detailed in sub-chapter 6.7 of this report
The materiality threshold established internally at the Group level for analysis of main indicators
(presented below) is worth RON 85.7 mn., representing 5% of EBITDA.
Net cash from operating activities
168.3
(1,180.6)
1,348.9
(194.4)
In 2023, the net increase in cash and cash equivalents amounted to RON 42.3 mn.
Cash flows from investing activities
Payments for purchases of property, plant and equipment
(10.4)
(8.3)
(2.1)
(10.5)
Payments for network construction related to concession
agreements
(845.3)
(537.8)
(307.6)
(483.8)
Payments for purchase of other intangible assets
(21.3)
(7.8)
(13.5)
(6.3)
Proceeds from sale of property, plant and equipment
Interest received
Restricted cash
Net cash effect from gain of control over the acquired
subsidiary
Payment for acquisition of associated
Payment for acquisition of subsidiaries
0.2
3.3
-
(1.9)
(4.1)
(6.3)
0.6
2.8
-
-
(0.0)
(4.5)
(0.4)
0.5
1.5
1.8
-
320.0
(1.9)
-
(4.1)
(25.8)
(1.8)
-
The net cash generated by the operating activity
The financing activity generated a decrease in cash
was RON 168.3 mn.. The net profit for the period
and cash equivalents of RON 1,088.6 mn. (positive
was RON 772.1 mn.; the main adjustments for non-
impact due to lower borrowed cash than in 2022),
monetary elements of the net profit were: the
the main factors being withdrawals from long-term
addition of depreciation of tangible and intangible
bank loans of RON 742.7 mn., withdrawals from
assets in the amount of RON 508.1 mn., the
overdrafts in the amount of RON 271.9 mn., but also
elimination of the impact of value adjustments for
loan repayments of RON 187.7 mn.. Dividends were
trade receivables of RON 75.8 mn., the addition of
paid to shareholders, amounting to RON 40.1 mn..
the profit tax expense of RON 125.8 mn. and the net
financial loss of RON 293.8 mn..
The changes in working capital had a positive effect
of RON 505.7 mn.. This impact was generated by the
negative impact of changes in subsidies receivable
in the amount of RON 1,333.7 mn., trade and other
receivables in the amount of RON 303.5 mn. and
the positive impact of changes in trade and other
payables in the amount of RON 354.8 mn., thus
In 2022, the net increase in cash and cash
equivalents amounted to RON 113.1 mn.
The net cash generated by the operating activity
was loss of RON (1,180.6) mn. The net loss of the
period was RON 240.5 mn.; main adjustments for
the depreciation and amortization of RON 476.5 mn.,
eliminating the impact of the impairment of trade
receivables of RON 112.3 mn. and the net finance cost
decreasing the cash flow from operations (FFO) in
of RON 165.0 mn..
Net cash used in investing activities
(885.9)
(554.9)
(331.0)
(203.2)
the amount of RON 1,777.4 mn.. Income tax paid and
Cash flows from financing activities
Proceeds from long term bank borrowings
742.7
217.6
525.1
234.7
Proceeds from overdrafts
271.9
1,900.4
(1,628.5)
-
Repayment of long term bank loans
(187.7)
(92.9)
(94.8)
(385.9)
Payment of lease liabilities
(26.8)
(24.2)
(2.6)
(15.2)
Dividends paid
(40.1)
(152.3)
112.2
(247.6)
interest paid totalled RON 337.5 mn..
For the investment activity, cash was used in the
amount of RON 885.9 mn., the highest values being
related to payments for the construction of networks
in connection with the concession agreements
of RON 845.3 mn., these registering an increase
in payments for investments of RON 307.5 mn.
compared to the comparative period, and as a
Changes in working capital had a negative effect, of
RON 1,030.0 mn., the most significant impact being
generated by the negative change in trade and
other receivables, in the amount of RON 1,272.8 mn.,
in trade and other payables of RON 1,064.8 mn. (out
of which, the change in employee benefits of RON
6.5 mn., having a negative impact) and in subsidies
receivables in amount of RON 1,280.8 mn.. Income
tax paid and interest paid amounted to RON 150.6
result of a larger investment plan made in 2023 vs.
mn..
2022 in the distribution segment.
For the investment activity, the cash used was of
2023 ANNUAL REPORT2023 ANNUAL REPORT2023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 20232023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 2023RON 554.9 mn., the most significant values being
related to the payments for the construction
and rehabilitation of RON 537.8 mn., these being
increased y-o-y with RON 54.0 mn..
The financing activity generated a decrease in
cash and cash equivalents of RON 2,262.6 mn., the
main factors being the proceeds from long term
bank borrowings of RON 217.6 mn., proceeds from
overdrafts of RON 1,900.4 mn., reimbursement of
loans of RON 92.9 mn. and the dividends paid to the
shareholders, of RON 152.3 mn..
202
203
6.3.2 Consolidated cash flow statement- S-OMFP 2844/2016
The following table presents the consolidated statement of cash flows of Electrica Group for 2023, 2022 and
2021.
Table 41. Consolidated cash flow statement (RON mn.) –S-IFRS-EU
Cash flows from operating activities
Profit for the year
Adjustments for:
Depreciation
Amortization
2023
2022
Variation
2023/2022
2021
620.4
558.8
61.5
(552.9)
16.4
19.9
(3.5)
21.1
707.3
514.2
193.1
459.7
Capitalised costs of intangible non-current assets
(18.6)
(989.3)
970.7
-
Impairment of property, plant and equipment and
intangible assets, net
(0.0)
(0.0)
(0.0)
(3.9)
Loss on disposal of property, plant and equipment and
intangible assets
(0.1)
(0.4)
0.3
Evaluation of fixed assets recognized in profit, net
(2.1)
-
(2.1)
2.7
-
(Reversal of impairment)/Impairment of trade and other
receivables, net
75.8
112.3
(36.5)
70.6
(Reversal of impairment)/Impairment of assets held for sale
-
-
-
Change in provisions, net
(12.5)
18.8
(31.3)
0.6
15.7
Net finance cost
293.8
165.0
128.8
26.9
Changes in employee benefits obligations
-
(4.4)
4.4
5.1
Corporate income tax expense
96.9
105.1
-
(79.5)
Changes in:
Trade receivables
Other receivables
Prepayments
Inventories
Trade payables
Other payables
Employee benefits
1,777.4
500.1
1,277.3
(33.9)
(309.2)
(1,286.7)
977.5
(391.4)
5.6
(138.3)
144.0
(22.9)
0.9
(8.8)
9.7
(2.2)
(1.7)
(41.0)
39.3
(2.9)
244.4
494.6
(250.2)
274.8
110.4
722.4
(612.0)
28.5
(6.5)
35.0
32.5
3.2
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205
Deferred revenue
Subsidies receivables
2023
2022
Variation
2023/2022
2021
(16.9)
15.1
(32.0)
(1,333.7)
(1,280.8)
(52.9)
4.0
-
Net (decrease)/increase in cash and cash equivalents
42.3
113.1
(70.8)
(811.5)
Cash and cash equivalents at 1 January
334.9
(405.6)
740.5
406.0
2023
2022
Variation
2023/2022
2021
Cash generated from operating activities
505.7
(1,030.0)
1,535.7
(138.9)
Overdrafts used for cash management purposes
-
627.4
(627.4)
-
Interest paid
Income tax paid
(278.5)
(149.4)
(129.1)
(24.1)
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
(59.0)
(1.2)
(57.8)
(31.4)
The materiality threshold established internally at the Group level for analysis of main indicators
(presented below) is worth RON 86.6 mn., representing 5% of EBITDA.
Cash and cash equivalents at 31 December
377.2
334.9
42.3
(405.6)
Net cash from operating activities
168.3
(1,180.6)
1,348.9
(194.4)
Cash flows from investing activities
Payments for purchases of property, plant and equipment
(10.4)
(8.3)
(2.1)
(10.5)
Payments for network construction related to concession
agreements
(845.3)
(537.8)
(307.6)
(483.8)
Payments for purchase of other intangible assets
(21.3)
(7.8)
(13.5)
(6.3)
Proceeds from sale of property, plant and equipment
Interest received
Restricted cash
Net cash effect from gain of control over the acquired
subsidiary
Payment for acquisition of associated
Payment for acquisition of subsidiaries
0.2
3.3
-
(1.9)
(4.1)
(6.3)
0.6
2.8
-
-
(0.0)
(4.5)
(0.4)
0.5
1.5
1.8
-
320.0
(4.1)
(25.8)
(1.8)
-
Net cash used in investing activities
(885.9)
(554.9)
(331.0)
(203.2)
Cash flows from financing activities
Proceeds from overdrafts
271.9
1,900.4
(1,628.5)
-
Repayment of long term bank loans
(187.7)
(92.9)
(94.8)
(385.9)
Payment of lease liabilities
(26.8)
(24.2)
(2.6)
(15.2)
Dividends paid
(40.1)
(152.3)
112.2
(247.6)
Net cash from/(used in) financing activities
760.0
1,848.6
(1,088.6)
(414.0)
(1.9)
-
of the profit tax expense of RON 96.9 mn. and the net
financial loss of RON 293.8 mn..
In 2023, the net increase in cash and cash
result of a larger investment plan made in 2023 vs.
equivalents amounted to RON 42.3 mn.
2022 in the distribution segment.
The net cash generated by the operating activity
The financing activity generated a decrease in cash
was RON 168.3 mn.. The net profit for the period
and cash equivalents of RON 1,088.6 mn. (positive
was RON 620.4 mn.; the main adjustments for
impact due to lower borrowed cash than in 2022),
non-monetary elements of the net profit were:
the main factors being withdrawals from long-term
the addition of depreciation of tangible and
bank loans of RON 742.7 mn., withdrawals from
intangible assets in the amount of RON 723.7 mn.,
overdrafts in the amount of RON 271.9 mn., but also
the elimination of the impact of value adjustments
loan repayments of RON 187.7 mn.. Dividends were
for trade receivables of RON 75.8 mn., the addition
paid to shareholders, amounting to RON 40.1 mn..
The changes in working capital had a positive effect
of RON 505.7 mn.. This impact was generated by the
negative impact of changes in subsidies receivable
in the amount of RON 1,333.7 mn., trade and other
receivables in the amount of RON 303.5 mn. and
the positive impact of changes in trade and other
payables in the amount of RON 383.3 mn., thus
decreasing the cash flow from operations (FFO) in
interest paid totalled RON 337.5 mn..
In 2022, the net increase in cash and cash
equivalents amounted to RON 113.1 mn.
The net cash generated by the operating activity
was loss of RON (1,180.6) mn. The net profit of the
period was RON 558.8 mn.; the main net profit’s
adjustments for non-monetary elements were:
eliminating the NL additional costs amounting
to RON 989.3 mn., adding the depreciation and
amortization of RON 534.1 mn., eliminating the
impact of the impairment of trade receivables of
RON 112.3 mn., adding the income tax of RON 105.1
mn. and the net finance cost of RON 165.0 mn.
For the investment activity, cash was used in the
amount of RON 885.9 mn., the highest values being
related to payments for the construction of networks
in connection with the concession agreements
of RON 845.3 mn., these registering an increase
in payments for investments of RON 307.5 mn.
compared to the comparative period, and as a
Changes in working capital had a negative effect, of
RON 1,030.0 mn., the most significant impact being
generated by the negative change in trade and
other receivables, in the amount of RON 1,425.1 mn.,
in trade and other payables of RON 1,210.6 mn. (out
of which, the change in employee benefits of RON
Proceeds from long term bank borrowings
742.7
217.6
525.1
234.7
the amount of RON 1,777.4 mn.. Income tax paid and
2023 ANNUAL REPORT2023 ANNUAL REPORT2023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 20232023 DIRECTORS’ REPORTELECTRICA FINANCIAL REPORTING FOR 20236.5 mn., having a negative impact) and in subsidies
receivables in amount of RON 1,280.8 mn.. Income
tax paid and interest paid amounted to RON 150.6
mn.
For the investment activity, the cash used was of
RON 554.9 mn., the most significant values being
related to the payments for the construction
and rehabilitation of RON 537.8 mn., these being
increased y-o-y with RON 54.0 mn..
The financing activity generated a decrease in
cash and cash equivalents of RON 2,262.6 mn., the
main factors being the proceeds from long term
bank borrowings of RON 217.6 mn., proceeds from
overdrafts of RON 1,900.4 mn., reimbursement of
loans of RON 92.9 mn. and the dividends paid to the
shareholders, of RON 152.3 mn..
206
207
6.4 Separate statement of the financial position
Financial information selected from company’s separate statement of financial position.
Table 42. Separate statement of the financial position (RON mn.)
31 December
2023
31 December
2022
Variation
2023/2022
31 December
2021
ASSETS
Non-current assets
Property, plant and equipment
Intangible assets
Goodwill
145.1
1.1
1.4
98.9
0.1
-
Investments in subsidiaries
2,309.9
2,298.1
Investments in associates
Other investments
16.6
7.0
18.8
7.0
Loans granted to subsidiaries – long term
1,279.3
1,276.3
Right of use assets
4.0
0.3
46.1
1.0
1.4
11.8
(2.2)
-
2.9
3.8
100.1
0.1
2,285.2
25.8
-
1,276.3
0.5
Total non-current assets
3,764.5
3,699.6
64.9
3,688.0
Current assets
Cash and cash equivalents
Trade receivables
Other receivables
Inventories
Prepayments
Assets held for sale
19.2
1.7
597.8
-
1.0
0.3
105.6
0.8
501.5
-
1.0
0.3
Loans granted to subsidiaries – short
term
89.7
45.0
Total current assets
709.7
654.3
(86.5)
(0.9)
96.4
-
-
-
44.6
55.4
5.8
0.9
584.8
-
0.8
0.3
30.0
622.5
TOTAL ASSETS
4,474.2
4,353.8
120.3
4,310.5
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209
31 December
2023
31 December
2022
Variation
2023/2022
31 December
2021
quarter of the gross profit.
The materiality threshold established internally at individual level is worth RON 6.0 mn., representing a
3,464.4
3,464.4
103.1
(75.4)
20.3
231.6
224.1
12.4
103.1
(75.4)
11.8
229.4
224.1
38.9
3.980.5
3,996.4
-
3.3
1.3
4.6
216.8
205.5
207.8
0.8
6.6
51.1
0.3
7.3
0.7
0.2
4.7
36.5
0.2
5.8
1.0
-
-
-
8.5
2.2
-
(26.5)
(15.9)
(100)
3.2
0.2
216.8
(2.3)
0.6
1.9
14.6
0.1
1.5
(0.3)
Crucea Power Park S.R.L.
31.07.2021
30%
(0.2)
Non-current assets
The cost of investment, at the acquisition date, total
value of RON 12.5 mn. are detailed below:
As of 31 December 2023, compared to 31 December
2022, fixed assets increased by RON 64.9 mn., from
RON 3,699.6 mn. to RON 3,764.5 mn..
Acquisition date
At the end of 2023, property, plant and equipment
increased by RON 46.1 mn. due to the merger by
Percentage at the acquisition date
Net value at the acquisition date
absorption between Electrica SA as the absorbing
Percentage of the Group from net (30%)
(0.07)
company and Electrica Productie Energie SA,
Electrica Energie Verde 1 SRL and Green Energy
Consultancy & Investments SRL as absorbed
companies. As a result of the merger and the
revaluation at fair value of tangible fixed assets
consisting of land and buildings, the Company’s
tangible fixed assets increased by RON 44.2 mn.,
plus the increase in investments in subsidiaries
Goodwill
Investment cost at acquisition date
12.6
12.5
At 31 December 2023, the Company is 40% owned
and is accounted for using the asset method in the
separate financial statements in accordance with
the Company’s policies.
recorded in 2023 amounting to RON 11.8 mn..
Other receivables
Investments in associates
On 28 July 2021 and 7 December 2021, Electrica
SA signed four contracts for the sale - purchase
of shares in four project companies, whose main
activity is the production of electricity from
renewable sources. The sale-purchase contracts
The cash-pooling receivables comprise Electrica
SA’s receivables as at 31 December 2023 as cash-
pool leader in the two cash-pooling systems
implemented at Group level. The increase in 2023 is
due to the liquidity needs of the subsidiaries placed
in cash pooling by the Company.
mention that in the first stage, the Group receives
Cash, restricted cash and short-term investments
30% of the share capital of the three companies,
and in subsequent stages, it will acquire the
remaining 70% of the share capital, after certain
conditions mentioned in the contracts are met.
By 31 December 2023, three of the companies in
the project have been acquired in a proportion of
at least 60%, therefore they are accounted for as
subsidiaries, the other one is presented below.
At 31 December 2023, cash and cash equivalents
decreased by RON 86.5 mn. to RON 19.2 mn. from
RON 105.6 mn. at 31 December 2022..
3,464.4
103.1
(75.4)
12.4
228.2
71.2
319.6
4,123.5
-
0.1
1.1
1.2
120.5
0.4
4.0
44.0
0.4
12.2
4.2
100
0.0
1.1
101.2
(96.6)
EQUITY AND LIABILITIES
Share capital
Share premium
Treasury shares reserve
Revaluation reserves
Legal reserves
Other reserves
Retained earnings
Total equity
Liabilities
Non-current liabilities
Bank borrowings – long term
Lease liability – long term
Employee benefits
Total non-current liabilities
Current liabilities
Current portion of long-term bank
borrowings
Credit lines
Lease liability – short term
Trade payables
Other payables
Deferred revenue
Employee benefits
Provisions
Total current liabilities
489.1
256.3
232.8
185.8
Total liabilities
493.7
357.5
136.2
186.9
Total equity and liabilities
4,474.2
4,353.8
120.3
4,310.5
Source: Separate financial statements of ELSA as of 31 December 2023
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210
211
Table 43. Cash, restricted cash and short-term investments 2023-2021 (RON mn.)
Dividends
(RON mn.)
31
December
2023
31
December
2022
31
December
2021
The company may distribute dividends from the statutory profit, according to the audited individual
financial statements prepared in accordance with Romanian accounting regulations.
The dividends distributed by the Company in the years 2023, 2022 and 2021 (from previous years’ profits)
Bank current accounts
Cash and cash equivalents transferred on merger
Call deposits
3.2
15.4
0.6
3.6
-
102.0
Total cash and cash equivalents in the separate statement
of financial position and in the separate statement of cash
19.2
105.6
3.0
-
2.7
5.7
flow
Source: Separate financial statements of ELSA as of 31 December 2023
As of 31 December 2022, the amount of demand deposits consists mainly of Vista Bank’s overnight deposit
in the amount of RON 99.6 mn., related to the long-term credit drawn for the issuance of bank guarantee
letters.
Table 44. Loans granted to subsidiaries 2023-2021 (RON mn.)
(RON mn.)
31 December
2023
31 December
2022
31 December
2021
DEER (long term loan granted) *
EFSA
EPE
NTE
GEC&I
SWE
FOTON
1,276.3
80.0
-
7.2
-
2.5
2.9
1,276.3
-
41.6
2.4
0.4
0.6
-
1,276.3
30.0
-
-
-
-
-
Total loans granted to subsidiaries
1,369.0
1,321.4
1,306.3
Source: Separate financial statements of ELSA as of 31 December 2023
(*)Starting with 31 December 2020 the three distribution companies merged into one single distribution company named Distributie Energie
Electrica Romania S.A. („DEER”)
Share Capital
were as follows:
Table 45. Dividends 2023-2021 (RON mn.)
(RON mn.)
Dividends distributed
2023
40.0
2022
152.8
2021
247.8
Source: Separate financial statements of ELSA as of 31 December 2023
On 27 April 2023, the General Meeting of Shareholders of ELSA approved the distribution of dividends in the
amount of RON 40.0 mn, legal reserves in amount of RON 1.3 mn. and other reserves in amount of RON 17.0
mn. The value of dividends per share distributed to the shareholders of the Company were: RON 0.1178 per
share (2022: RON 0.4500 per share).
Out of the dividends distributed by the Company of RON 40.0 mn (2022: RON 152.8 mn.) the dividends
paid were RON 39.9 mn. (2022: RON 152.4 mn.), the difference representing dividends not claimed by
shareholders.
Provisions
Table 46. 2023 Provisions (RON mn.)
(RON mn.)
Balance at 1 January 2023
Provisions made
Provisions utilized
Provisions reversed
Balance at 31 December 2023
Source: Separate financial statements of ELSA as of 31 December 2023
2021
1.0
0.0
(0.2)
(0.1)
0.7
The issued share capital in nominal terms consists of 346,443,597 ordinary shares as at 31 December 2023
(346,443,597 ordinary shares as of 31 December 2022) with a nominal value of RON 10 per share. Ordinary
The provisions in amount of RON 0.7 mn. as at 31 December 2023 (31 December 2022: RON 1.0 mn.) refer
shares offer the right to dividends and the right to one vote per share in the company’s shareholder
mainly to the benefits granted upon the termination of executive managers’ contracts.
meetings, except for the 6,890,593 shares redeemed by the Company in July 2014, for the purpose of prices
stabilization. All shares confer equal rights in the company’s net assets, except for own shares.
ELSA recognizes changes in share capital only after their approval in the General Shareholders Meeting and
their registration in the Trade Register.
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213
6.5 Separate statement of profit or loss
Financial information selected from the company’s separate statement of profit or loss.
Profit/(loss) before financing result
Table 47. Separate statement of profit or loss (RON mn.)
As at 31 December 2023 the operating result is a loss of RON 49.8 mn., mainly due to a decrease in other
operating income and an increase in other operating expenses.
Revenues
Other income
Employee benefits
2023
2022
Variation
2023/2022
2021
0.2
1.2
-
5.2
0.2
(4.0)
-
0.8
Net finance income
During the financial year ended 31 December 2023, the net financial result increased from RON 65.9 mn. in
2022 to RON 67.9 mn..
(30.3)
(30.2)
0.1
(39.2)
Financial income in 2023 amounts to RON 97.6 mn. and represents income from interest received on loans
Depreciation and amortization
(1.4)
(1.6)
Reversal of impairment of trade and other receivables, net
Impairment of property, plant and equipment, net
Change in provisions for legal cases and non-compete
clauses, net
0.6
0.9
0.3
0.1
0.0
3.2
0.2
0.5
0.9
(2.9)
(2.3)
0.1
3.8
1.6
granted to subsidiaries.
The net financial result is negatively impacted by the financial expenses recorded in 2023 in the amount of
RON 29.7 mn. representing interest expenses on loans.
Profit before tax
Other operating expenses
(21.3)
(18.5)
(2.7)
(20.4)
In 2023, profit before tax decreased by RON 6.0 mn. to RON 18.1 mn. from RON 24.0 mn. in 2022.
Profit/(loss) before financing result
(49.8)
(41.8)
(8.0)
(55.6)
Income tax benefit/(expense)
Finance income
Finance costs
97.6
78.3
19.3
377.7
(29.7)
(12.4)
(17.3)
(0.3)
Net profit for the year
In 2023, the company recorded an income tax benefit of RON 5.9 mn., mainly due to the merger.
Share of results of associates
(0.0)
-
(0.0)
-
As a result of the above factors, the net profit achieved in 2023 is RON 23.9 mn., slightly lower than in 2022
Net finance income
67.9
65.9
2.0
377.4
(RON 24.3 mn.).
Profit before tax
Income tax benefit/(expense)
18.1
5.9
24.0
0.3
(6.0)
321.8
5.6
0.0
Profit for the year
23.9
24.3
(0.4)
321.8
Earnings per share
0.07
0.07
0.0
0.95
Source: Separate financial statements of ELSA as of 31 December 2023
The materiality threshold established internally at individual level is worth RON 6.0 mn., representing a
quarter of the gross profit.
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215
6.6 Separate cash flow statement
Financial information selected from the cash flow statement of the company.
Table 48. Separate statement of cash flow (RON mn.)
Indicator
2023
2022
Variation
2023/2022
2021
Cash flows from investing activities
Payments for purchases of property, plant and equipment
(1.8)
(1.9)
0.1
(4.8)
Indicator
2023
2022
Variation
2023/2022
2021
Payments for purchases of intangible assets
(1.0)
(0.2)
Proceeds from the sale of property, plant and equipment
-
1.2
(0.8)
(1.2)
-
0.0
Cash flows from operating activities
Cash pooling net position
(75.4)
81.3
(156.7)
(393.6)
Profit for the year
Adjustments for:
Depreciation
Amortization
Impairment of property, plant and equipment, net
Loss/(Gain) from the disposal of tangible assets
Reversal of impairement of assets held for sale
23.9
24.3
(0.4)
321.8
Loans granted to subsidiaries
(92.3)
(151.0)
58.7
(336.3)
0.9
0.5
0.0
-
-
1.0
0.6
(0.1)
(0.1)
1.1
1.2
(0.0)
0.0
(3.8)
Proceeds from loans given to subsidiaries
-
135.9
(135.9)
60.0
Payments for shares in associates
(0.0)
(0.0)
(0.0)
(25.8)
Payments for acquisition of shares in entities
-
(7.0)
7.0
-
Payments for acquisition of subsidiaries
(12.4)
(4.4)
(7.9)
(0.1)
-
-
-
-
3.1
0.5
0.1
Restricted cash
Interest earned
Dividends received
-
-
-
320.0
96.3
72.1
24.2
42.2
-
-
-
329.5
Reversal of impairment of trade and other receivables, net
(0.6)
(0.1)
(0.5)
Net finance income
(67.9)
(65.9)
(2.0)
(377.4)
Net cash from investing activities
(86.6)
126.0
(212.6)
(8.9)
Changes in employee benefits obligations
Changes in provisions, net
0.3
(5.0)
(0.3)
(3.2)
5.2
2.9
5.1
(1.6)
Cash flows from financing activities
Income tax expense/(benefit)
(5.9)
(0.3)
(5.6)
(0.0)
Proceeds from overdrafts
(2.3)
87.3
(89.6)
-
Changes in provisions, net
(49.9)
(48.5)
(1.4)
(50.2)
Changes in:
Trade receivables
Other receivables
Trade payables
Other payables
Employee benefits
(49.9)
(48,5)
(1,4)
(50,2)
(0.0)
0.2
(0.2)
(0.4)
(12.6)
(0.5)
(12.1)
3.0
1.6
0.2
1.3
0.4
0.8
0.1
1.1
(2.9)
(0.5)
0.3
1.2
(0.3)
Dividends paid
Loans granted
(40.1)
(153.2)
113.0
(247.6)
116.8
100.0
16.8
-
Payment of lease liabilities
(0.5)
(0.6)
0.1
(1.0)
Net cash used in financing activities
73.8
33.6
40.2
(248.6)
Net increase in cash and cash equivalents
(101.9)
99.9
(201.7)
(308.3)
Cash and cash equivalents at 1 January
105.6
(114.8)
220.4
193.5
Cash and cash equivalents transferred on merger
15.4
-
15.4
-
-
Cash generated/(used in) from operating activities
(59.4)
(47.5)
(11.9)
(50.5)
and cash equivalents
Reclassification of overdrafts previously presented as cash
-
120.5
(120.5)
Interest paid
(29.6)
(12.2)
(17.4)
(0.2)
Cash and cash equivalents at 31 December
19.2
105.6
(86.5)
(114.8)
Net cash from/(used in) operating activities
(89.1)
(59.7)
(29.3)
(50.7)
Source: Separate financial statements of ELSA as of 31 December 2023
The materiality threshold established internally at individual level is worth RON 6.0 mn., representing a
quarter of the gross profit.
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In 2023, the net decrease in cash and cash
from loans received in the amount of RON 116.8
amount of RON 66.5 mn. and the impact of the cash
subsidiaries, which closed the financial year 2021
equivalents amounted to RON 86.5 mn.
mn. representing the credit facility for working
pooling activity, resulting in a reduction of RON 132.2
with a loss.
capital and issuance of bank letters with Vista Bank
mn.
The net cash generated by operating activity
contract this year, impact reduced by dividends
The financing activity generated an increase in
was RON (59.4) mn.. The net profit for the period
paid to shareholders in the amount of RON 40.1 mn..
In 2022, the value of loans granted to subsidiaries
cash and cash equivalents of RON 33.6 mn., mainly
was RON 23.9 mn.; the main adjustments for non-
RON (gross dividend value per share decreased
was RON 151.0 mn., with RON 185.3 mn. less than the
from loans received in the amount of RON 100.0 mn.
monetary elements of the net profit were: addition
from 0.1178 RON/share for dividends related to 2022
previous period. At the same time, the proceeds
representing the credit facility for working capital
of depreciation of tangible and intangible fixed
to 0.45 RON/share for dividends related to 2021).
from loans granted to subsidiaries increased by RON
and issuing bank letters with Vista Bank contract
assets in the amount of RON 1.4 mn., decrease in the
75.9 mn. compared to the previous period, mainly
this year and the amounts collected in overdrafts
impact of employee benefits in the amount of RON
In 2022, the net increase in cash and cash
due to the full reimbursement of the intra-group
of RON 87.3 mn., reduced impact of dividends paid
5.2 mn., decrease in the change in provisions of RON
equivalents amounted to RON 99.9 mn.
contract contracted by EFSA during 2021.
to shareholders in the amount of RON 153.2 mn. (the
2.9 mn., increase in the impact of income tax by RON
value of the gross dividend for one share decreased
5.6 mn., the impact of value adjustments for trade
The net cash generated by the operating activity
The value of the interest collected was RON 72.1 mn.,
from RON 0.73/share for dividends for 2020 to RON
receivables was insignificant. It was deducted from
was RON (47.5) mn. The net profit of the period
as a result of the new loans granted to subsidiaries
0.45/share for dividends for 2021).
the net financial result of RON 67.9 mn..
was RON 24.3 mn.; the main adjustments for non-
in 2022, the higher value of the uses by subsidiaries
monetary elements of net profit were: the addition of
in the Cash pooling structure, as well as the increase
Changes in working capital had an unfavourable
depreciation of tangible and intangible assets in the
of the ROBOR rate.
impact of RON 9.5 mn., the impact being generated
amount of RON 1.6 mn., the decrease of the impact
by the positive impact of the change in trade and
generated by the employee benefits amounting to
Compared to 2021, this year no restricted cash was
other payables in the amount of RON 3.1 mn. (of
RON 5.0 mn., decrease of the change in provisions
recorded and no dividends were collected from
which, positive impact of RON 1.3 mn. from the
of RON 3.2 mn., the impact of value adjustments
change in employee benefits), reduced by the
for commercial receivables and the impact of the
negative impact of trade and other receivables in
income tax were insignificant. It was deducted from
the amount of RON 12.6 mn..
the net financial result of RON 65.9 mn.
In 2023, interest paid was RON 17.4 mn. higher than
Changes in working capital had a favorable effect
in 2022, mainly representing the interest related
of RON 1.0 mn., the impact being generated by the
to the overdraft facility under the cash pooling
positive impact of the trade payables and other
system.
payables in the amount of RON 1.3 mn. (of which,
positive impact of RON 0.1 mn. from the change in
For the investment activity, cash was used in the
employee benefits) diminished by the negative
amount of RON 86.6 mn., the highest amounts being
impact of trade receivables and other receivables,
related to interest received in the amount of RON
in the amount of RON 0.3 mn.
96.3 mn., loans granted to affiliated entities in the
amount of RON 92.3 mn., and the impact of the net
In 2022, the interest paid was RON 12.1 mn. higher
cash pooling activity of RON 75.4 mn..
than in 2021, representing mainly the interest related
In 2023 the amount of loans granted to subsidiaries
system. Increase from RON 0.2 mn. at RON 12.2 mn.
was RON 92.3 mn., RON 58.7 mn. less than in the
in 2022 was due to the higher value of the uses
previous period.
compared to the previous period, but also to the
to the overdraft facility under the cash pooling
increase of the ROBOR rate.
The amount of interest received was RON 96.3 mn.,
as a result of new loans granted to subsidiaries
For the investment activity was used cash in the
in 2023, the higher amount of utilization by
amount of RON 126.0 mn., the highest values being
subsidiaries of the cash pooling structure, as well
related to the interest collected in the amount of
as the increase in the ROBOR rate.
RON 72.1 mn., loans granted to affiliated entities
The financing activity generated an increase in
to loans granted to subsidiaries in the amount of
cash and cash equivalents of RON 73.8 mn., mainly
RON 136.0 mn. of net receipts from deposits in the
in the amount of RON 151.0 mn., receipts related
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6.7 Restatements – S-IFRS-EU
During 2023, the Group reassessed its previous position with the consolidated financial statements, related
to the recognition of financial asset from the amendment of the concession agreements. As of 31 December
2022, the Group recognised a financial asset in the amount of RON 951.6 mn. as a result of such amendment
Table 51. Statement of cash flow (RON mn.) – S-IFRS-EU
Indicator
31 December 2022
as reported
previously
31 December
2022
Reclassifications
31 December
2022
as restated
in the balance sheet, representing the difference between the net cost with the purchase of the energy for
Cash flows from operating activities
Profit
558.8
(799.3)
(240.5)
Other income from initial recognition of
financial assets rising from concession
(951.6)
951.6
-
agreements amendments
Income tax (benefit)/expense
105.1
(152.2)
(47.2)
Changes in:
Other receivables
Other payables
(138.3)
722.4
152.2
(152.2)
13.9
570.2
Net cash flow used in operating activities
(1,030.0)
-
(1,030.0)
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
NL and the NL cost included in the regulatory tariff by ANRE, for the period 1 January – 31 December 2022. An
equivalent amount was also recognised in the profit or loss as “Other income”.
The following table summarise the impact on the Group’s consolidated financial statements:
Table 49. Statement of financial position (RON mn.) – S-IFRS-EU
Indicator
31 December 2022
as reported
previously
31 December
2022
Reclassifications
31 December
2022
as restated
Financial assets related to concession
arrangements – non current portion
Financial assets related to concession
arrangements – current portion
Retained earnings
Deferred tax liabilities
Total assets
Total equity
Total liabilities
761.2
(761.2)
190.3
(190.3)
-
-
1,353.9
212.6
11,623.3
5,367.2
6,256.1
(799.3)
(152.2)
554.6
60.3
(951.5)
10,671.8
(799.3)
4,567.9
(152.2)
6,103.8
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
Table 50. Statement of profit or loss (RON mn.) – S-IFRS-EUU
Indicator
31 December 2022
as reported
previously
31 December
2022
Reclassifications
31 December
2022
as restated
Other income
3,792.5
(951.6)
2,841.0
Income tax benefit/(expense)
Profit for the year
(105.1)
558.8
152.2
47.2
(799.3)
(240.5)
Earnings/(Loss) per share
Basic and diluted earnings/(loss) per share
(RON)
1.65
2.35
(0.71)
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
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6.8 Risk management
For the Electrica Group, year 2023, from a risk management perspective was one of consolidation of
previous year’s initiatives and new projects, initiated on the basis of internal needs or at the request of
third parties.
both having implications for the manifestation and
• Technical risks caused by inadequate network
materialization of risks.
sizing in relation to energy demand, meaning
meaning the impossibility of ensuring network
Risk factors can be from the following categories:
maintenance and energy supply to customers,
which can negatively and significantly affect the
• Macroeconomic and energy industry-
Group’s business.
Thus, as a new project developed and completed
Compliance with this new reporting requirements
specific risks: Global and regional economic
in 2023, we mention obtaining certification for the
will underpin the reform of risk assessment.
implementation of SR EN ISO 50001:2019 “– “Energy
management systems. Requirements and user
The challenges of 2023 were multiple from
guide” at the ELSA level. An important component
the perspective of risk management, in the
conditions, respectively the economic context
• Strategic risks and ensuring the financing of
at national and regional international level that
projects within the group can be influenced
may negatively influence the Group’s activity.
both by internal factors, by keeping a high
These factors can be: inflation, recession,
rating that maintains an attractive share price
of this certification was the alignment of the risk
sense that the materialization of risks such as
changes in fiscal and monetary policy, tighter
and implicitly the attention of investors, but
management system with the provisions of the
liquidity, regulation, operational (IT systems, or
lending, higher interest rates, new or rising
also external factors, respectively the difficulty
certification standard, meaning to introduce new
electricity thefts) they had multiple causes and
tariffs, currency fluctuations, raw material price
of accessing markets in order to raise capital
risks related to the new processes carried out by
unpredictable effects.
the company in the ELSA Risk Register, in order to
implement the standard.
From the perspective of the applicable legal
provisions in force in conjunction with the approach
At the same time, during the annual surveillance
imposed by the internal requirements regarding
audits regarding the quality management of the
credit and counterparty risk management, the
integrated management system (SMI) at ELSA
Business Partner knowledge Policy has been
level, including SR EN ISO 27001 regarding the
changed and implemented, thus ensuring the
information security management system, from
necessary conditions to know the business
the perspective of risk management activities, the
partners, be they customers or suppliers, in order to
company continued to meet the requirements of
mitigate possible risks of reputation or credit and
the provisions certification standards.
counterparty.
The acceptance of business partners is made
Regarding of strengthening the risk management
only by applying the measures of knowledge
system at the Group level, the permanent
of the client according to the legislation in the
collaboration with the entities in the group, in
field and the internal procedure on combating
terms of risk management, has continued by
and preventing money laundering and terrorist
the involvement in the resolution of some issues
financing. Also, specialized platforms for verifying
regarding the management of systemic risks at
business partners are used in the realization of the
Group level during the meetings of the Committee
client knowledge activity.
for the Supervision of Risks (CpSR). Also, the
monitoring of risks within the Group has continued
RISK FACTORS
through periodic information regarding the risks’
status and evolution within the Group entities.
The Group’s activity, performance, reputation,
financial situation and market value of its shares
In 2023, the internal project (ESG Project) has
can be affected by a number of factors of both
continued to be implemented within the Group
internal and external nature. These factors can
regarding the requirements of the new European
lead to the materialization of risks that negatively
regulations in terms of sustainability – ESG
influence the Group’s activity and performance.
(Environmental, Social and Governance). Risk
Such factors may particularly influence the risks
analysis from the perspective of ESG scenarios as
described below that the Group has identified and
well as the monitoring of the exposures generated
for which it seeks to manage them.
by the group through the current activity become
extremely important from the perspective of a way
Risk factors should be viewed from both inside
of making business sustainable and sustainable.
and outside, the latter being harder to control but
(electricity, natural gas), etc.
(availability of capital for financing).
• Risks arising from political events, war and/
or other international disputes, international
sanctions, natural disasters, industrial
accidents, etc. all of which may cause
interruptions in the Group’s activities. Such
events, as outlined above, may damage or
disrupt the international economic context
and the global/regional economy and may
negatively influence the activity of both the
Group and the other counterparties (contractual
partners). At the same time, the interruption
of the activity due to the above mentioned
causes can generate significant expenses and
substantial recovery time, which negatively
influence the activity and financial results.
• Regulatory risks, respectively legislative
changes with short time to adapt to new
requirements but with significant implications
especially the market and counterparty/
credit risk area. Regulatory risks may arise as
a consequence of international events (e.g.
Russia-Ukraine War) that triggers a series of
unpredictable market developments, but also
restrictions and sanctions at international level
that are also reflected at regional and local
level. Also, here can be included the risks of
non-compliance with international and local
sustainability regulations (ESG) and reporting
in this regime, with financial impact, meaning
possible difficulties in attracting investments but,
also, combined with reputational risk.
Also as a factor of strategic risk is perceived the
volatility of the stock price as a consequence of the
company not meeting the expectations regarding
profitability, its growth and dividend granting.
Thus, the share price can drop significantly, with
an impact on investor confidence and reputational
implications.
MANAGEMENT OF NON-FINANCIAL RISKS
Operational risk management
Operational risk is the largest category of non-
financial risks to occur across all entities in the
group. The most important and common sub-
categories of operational risk are those in the it area
(including cyber and security), risks related to the
execution of processes and/or procedures and/or
work tasks, but also risks caused in the relationship
with customers and/or business processes and/
or practices. For these identified risks, measures to
mitigate these risks are established at the level of
each entity of the Group and periodic assessments
to monitor and control them permanently.
Compliance risk management
The compliance risk, which includes the legal risk,
respectively of the legislative changes, is manifested
at the level of each entity in the Electrica Group.
In 2023, due to the new international regulations
regarding sustainability, which will also be followed
by local regulations, they will bring the legislative
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risk into view in the next period, due to the
Technical risk management
possible exposures of non-compliance with these
requirements.
The technical risk is manifested at the level of
Strategic risk management
the appropriate grid size in relation to the energy
certain entities of the Group and refers to ensuring
Market risk
Risk description
Impact mitigation measures
Strategic risk has implications for the entire
implicitly ensuring continuity in the electricity supply.
and natural gas prices, benchmark interest rates,
the measures taken to mitigate the risks aim
group due to changes at the organizational and
At the group level there is a permanent concern
governance level that took place in 2023 within
regarding the exposure to this technical risk and
such as equity prices, interest rates or exchange
at improving the forecast of own technological
rates. All of these can impact the Electrica
consumption (NL) and the conclusion of bilateral
some entities of the Group, but also regarding the
the implementation of measures to mitigate it, the
Group’s revenues or the value of its holdings.
contracts.
demand, ensuring its proper functioning and
• Market risk arises as a result of changes in energy
• At the level of the distribution activity (DEER),
market context and adaptation to its requirements.
direct implications being customer satisfaction and
The Group’s entities aim to adopt strategies that
also the reputation at the group level.
ensure adequate market positioning and flexibility
that ensure timely recalibration in order to achieve
Risks and uncertainties present as of 31 December
the proposed objectives.
2023 and issues concerning the main risks and
uncertainties that could affect the Group’s business
and its liquidity are presented in the table below.
Table 52. Risks and uncertainties as of 31 December 2023
Risk description
Impact mitigation measures
Poly-crisis
• The current global context, but also the European
• A large part of the mentioned factors have
one, indicates that a series of crises caused by
already manifested themselves, independently or
a series of factors (pandemic, inflation, interest
together, in recent years, even on the territory of
rate, extreme weather phenomena, earthquakes,
Romania.
wars, etc.) can become interdependent and
extremely viral through the impact which they
• The concern of the Electrica SA management is
can show in the economic environment.
to build the optimal resilience mechanisms for
the specific activity in which the company and
• Until now, there is no system that allows the
its holdings carry out their activity. Among the
integrated management of all scenarios that can
measures taken: the transition to an integrated
be taken into consideration for analysis.
group (including the production of renewables
in the portfolio) and the testing of unfavorable
development scenarios through analyzes of
specific risk scenarios.
• At Group level, market risk can manifest itself
• Market risk management policies, procedures
at the distribution level (DEER) through price
and tools are implemented at the supply activity
increases in the market, i.e. volatility in the price
level to manage and control exposures in the
of purchased energy (with financial impact),
electricity and gas markets. These measures
termination of contracts by suppliers and
relate to: increasing the effectiveness of
bottlenecks in supply chains. At the level of the
consumption forecasting by profiling hourly
supply activity (EFSA) it is manifested by the
sales forecast with both consumption forecast
risk of lack of energy sales offers on the forward
and real consumption as accurately as possible,
markets (volume risk) resulting in higher prices
calculation formulas and algorithms, which
on these markets as well as the appearance in
state the effective way of adjustment of each
the portfolio of excess exposures (excess long
input data for determining the consumption
positions / deficit short positions) at hourly, daily
forecast, applying hedging strategy, identifying
and weekly, band, peak and off-peak levels, in a
market trend in Pricing, monitoring sources of
fluctuating bullish / bearish trend.
information on the evolution of prices in the
region for the products of interest.
• Electrica SA started the process and successfully
completed, in Q3, the certification for the
implementation of ISO 50001 Energy Management
Systems for improving service delivery and
resource efficiency.
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Risk description
Impact mitigation measures
Risk description
Impact mitigation measures
Credit and counterparty risk
Liquidity risk
• The management monitors and examines the
• The Company’s ability to continue its activities
• For the supply activity (EFSA) cash-flow analysis,
• 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.
• In the supply business, counterparty risk arises
when a counterparty fails to meet its obligations
in accordance with the agreed terms. This risk
leads to the materialization of other new risks, i.e.
replacement risk or price risk.
• In the distribution activity (DEER), the
counterparty risk manifests itself in the possible
non-fulfilment by the contracting party of the
contractual conditions of payment or delivery
of services and/or delivery of goods, works
(including maintenance).
current exposure, credit limits and counterparty
ratings, established provisions.
• The measures taken by the subsidiaries to
mitigate this risk are adapted to the risks
identified regarding counterparties.
• Thus, for supply, the aim is to mitigate this risk by
diversifying energy sources, reducing the level
of contracted quantities per contract, limiting
exposure by entering multiple contracts, reducing
trading limits with counterparties with which EFSA
has EFET contracts and which have a low rating
from a risk management perspective, questioning
partners on the credit limits granted.
• For distribution, the measures that DEER is
pursuing relate to the inclusion in contracts
(energy, construction) of clauses covering
specific activities, insurance/reinsurance by type
of contract, prevention of entering contracts
with unsound suppliers, efficient and transparent
internal communication on incidents and their
reporting.
• 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 Electrica will
• Electrica carefully monitors, through the treasury
not be able to meet its financial obligations when
structures, the impact and effects on the
they are due.
companies’ activity and financial results and has
adequate resources to continue its operational
activity.
• Also, the Group depends on receipts from the
Ministry of Energy and the National Agency for
Payments and Social Inspection, as such any
action depends on the above entities, being
unable to take concrete actions and measures.
is dependent on the ability of its subsidiaries to
projections and forecasts are performed
continue their activities. In particular, regarding
(implementation of SAP Cash Management and
government subsidy collection, the supply
Liquidity Planner modules).
subsidiary has material uncollected amounts
from the compensation and capping scheme in
• At the distribution level (DEER), frequent and
force, for which there is no certainty as to when
careful monitoring of debts, payment of
they will be collected, which may also affect
obligations within due dates, limitation of
the activity of DEER (the Group’s distribution
payments before due date and analyses on
subsidiary) and ELSA.
attracting external financing resources and
priority collection of overdue receivables.
• The subsidiaries’ ability to continue operations is
dependent on the successful completion of new
loan agreements and the receipt of subsidies for
the supply subsidiary.
Conformity (Legal and regulatory) risk
• The energy and natural gas markets are
• Electrica SA makes efforts to optimize operational
regulated by local and European legislation.
efficiency in accordance with current and future
• These regulations may be modified or interpreted
regulations.
differently by the local authorities and may affect
• The impact of these regulations is close to the
the operational profit margins of Electrica SA
maximum range used in the evaluation with
holdings.
immediate consequences in profitability at the
• This risk is also supported by the legislative
group level.
history of recent years, which contains a series
• At Group level, each subsidiary is therefore
of laws that significantly changed energy and
pursuing a series of measures to mitigate the
natural gas prices, capping elements, etc.
negative effects of these risks generated by
legislative changes. Thus, the impact of the
• At Group level, compliance risk, which includes
expected regulatory changes is assessed, and,
the two components (legal and regulatory),
if necessary, an agile adjustment of the strategy
has been identified as the risk of unpredictable
is made and optimal actions are identified to
and immediately applicable primary and/or
eliminate/minimise the negative impact.
secondary legislation. From this also derives the
risk that changes in the regulatory environment
will affect the strategy, operations and financial
results of the subsidiaries and therefore ELSA,
defining new directions and new compliance
requirements that Group companies will have to
comply with.
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Risk description
Impact mitigation measures
Table 53. Credit risk and expected credit losses for trade receivables as of 31 December 2023
Operational risk
(RON mn.)
31 December 2023
• Electrica may record direct or indirect losses
• The company has implemented an operational
resulting from a wide range of factors associated
monitoring system, documented by policies and
with processes, service providers, technology
procedures, which ensures the escalation and
and infrastructure, internal governance and
remediation of potential operational problems.
from external factors, such as regulatory or legal
requirements and generally accepted standards
• In order to implement the best practices in the
regarding the best practices in the field.
field, SE Electrica S.A. SE has certification and
• Violation or failure of security and information
Technology, Security Techniques, Information
technology systems may entail the risk of
Security Management Systems. The extension of
financial loss, interruption of operations or
the certification to the level of the other entities in
damage to the company’s reputation.
the Group is further analyzed.
implemented the standard ISO 27001: Information
Expected
credit
loss rates
(“ECL”)
2%
7%
14%
37%
Neither past due nor impaired
Past due 1-30 days
Past due 31-60 days
Past due 61-90 days
Gross
value
Lifetime ECL
Net trade
Credit
receivables
impaired
2,229.3
(35.3)
2,194.0
255.1
(16.9)
238.2
47.6
25.9
(6.7)
(9.6)
41.0
16.3
51.0
No
No
No
No
Yes
Past due more than 90 days
92%
622.7
(571.7)
Source: Electrica
FINANCIAL RISK MANAGEMENT
The Group is exposed to the following risks resulting
Trade receivables
from the use of financial instruments: credit risk,
liquidity risk and market risk.
The Group’s credit risk in respect of receivables was
concentrated in the past around state-controlled
These risks are further explained and detailed.
companies and in the recent years refers to clients
Credit risk
that are facing financial difficulties in their industries
due to specific changes in circumstances in their
industry sector. The Group has set up a policy
Credit risk is the risk that the Group will register a
regarding risk management and it has taken into
financial loss if a customer or counterparty to a
account the insurance of the trade receivables. Also
financial instrument fails to meet its contractual
the electricity supply contracts include termination
obligations, and arises principally from the Group’s
clauses in certain circumstances.
receivables from customers, cash and cash
equivalents, restricted cash and bank deposits.
The Group establishes an allowance for impairment
The Group’s exposure to credit risk is mainly
losses, calculated based on the expected loss rates.
that represents the amount of expected credit
influenced by the individual characteristics of each
customer. In the past, the Group had a high credit
Impairment
Total
3,180.6
(640.2)
2,540.5
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
Table 54. Credit risk and expected credit losses for trade receivables as of 31 December 2022
(RON mn.)
31 December 2022
Expected
credit
loss rates
(“ECL”)
Gross
value
Lifetime ECL
Net trade
Credit
receivables
impaired
Neither past due nor impaired
Past due 1-30 days
3%
4%
1,951.7
(60.3)
1,891.3
491.0
(19.3)
471.6
Past due 31-60 days
16%
66.4
(10.5)
55.9
Past due 61-90 days
35%
27.3
(9.7)
17.6
No
No
No
No
Past due more than 90 days
95%
582.4
(552.9)
29.5
Yes
risk mainly from State-owned companies.
The following table provides information on the
Total
3,118.6
(652.7)
2,466.0
Cash and bank deposits are placed in financial
trade receivables as of 31 December 2023, 2022 and
Source: Consolidated financial statements of Electrica Group as of 31 December 2022
exposure to credit risk and expected credit losses for
institutions that are considered to have to have low
2021.
risk of default.
The carrying amount of financial assets represents
the maximum credit exposure.
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Table 55. Credit risk and expected credit losses for trade receivables as of 31 December 2021
Table 56. Contractual maturities of financial liabilities (RON mn.)
(RON mn.)
31 December 2021
Contractual cash flows
Expected
credit
loss rates
(“ECL”)
Gross
value
Lifetime ECL
Net trade
Credit
receivables
impaired
Financial liabilities (RON mn.)
Carrying
amount
Total
less than
1-2
2-5
1 year
years
years
More
than 5
years
31 December 2023
Neither past due nor impaired
Past due 1-30 days
2%
5%
1,080.1
(16.6)
1,063.5
228.5
(10.6)
217.9
Past due 31-60 days
15%
36.7
(5.3)
Past due 61-90 days
38%
15.4
(5.9)
31.4
9.5
No
No
No
No
Bank overdrafts
2,851.2
2,851.2
2,851.2
-
-
-
Lease liability
43.2
43.2
14.1
9.9
4.0
15.2
Long term bank borrowings
1,317.6
1,317.6
523.3
258.9
475.9
59.5
Trade payables
1,671.5
1,671.5
1,671.5
-
-
-
Past due more than 90 days
98%
964.7
(942.4)
22.3
Yes
Total
5,883.5
5,883.5
5,060.0
268.8
479.9
74.8
Total
2,325.4
(980.8)
1,344.6
Source: Consolidated financial statements of Electrica Group as of 31 December 2021
31 December 2022
Liquidity risk
Liquidity risk is the risk that the Group will encounter difficulties in meeting the obligations associated with
its financial liabilities that are settled by transferring cash or another financial asset. The Group’s liquidity
management policy is to maintain, as far as possible, sufficient liquidity to meet its obligations when they are
due, under both normal and stressed conditions, to avoid unacceptable losses.
The Group aims to maintain the level of its cash and cash equivalents at an amount in excess of expected
cash outflows on financial liabilities. The Group also monitors the level of expected cash inflows on trade
receivables together with expected cash outflows on trade and other payables. In addition, the Group
maintains overdrafts facilities.
Exposure to liquidity risk
Bank overdrafts
2,571.0
2,571.0
2,571.0
-
-
-
Lease liability
53.7
53.7
19.2
10.8
10.7
13.0
Long term bank borrowings
760.7
760.7
113.5
354.5
200.5
92.2
Trade payables
1,407.1
1,407.1
1,407.1
-
-
-
Total
4,792.5
4,792.5
4,110.9
365.3
211.2
105.2
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
Market risk
The following are the remaining contractual maturities of financial liabilities at the reporting date. The
amounts are gross and undiscounted and include estimated interest payments.
Market risk is the risk that changes in market prices – foreign exchange rates and interest rates – will affect
the Group’s income or the value of its financial instruments held. The objective of market risk management is
to manage and control market risk exposures within acceptable parameters, while optimising the return.
Currency risk
The Group has exposure to currency risk to the extent that there is a mismatch between the currencies in
which sales, purchases and borrowings are denominated and the functional currency of the Group. The
functional currency of all entities belonging to the Group is the Romanian Leu (RON).
The currency in which these transactions are primarily denominated is RON. Certain liabilities are
denominated in foreign currency (EUR). The Group also holds deposits and bank accounts denominated in
foreign currency (EUR). The Group’s policy is to use the local currency in its transactions as far as practically
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possible. The Group does not use derivative or hedging instruments.
Table 59. Sensitivity analysis
Exposure to currency risk
The summary of quantitative information on the Group’s exposure to currency risk is given below.
Table 57. Exposure to currency risk 2023-2021
(RON mn.)
31 December
31 December
31 December
2023
2022
2021
Denominated
Denominated
Denominated
EUR
EUR
EUR
(RON mn.)
Effect
Profit before tax
Strengthening
Weakening
31 December 2023
EUR (5% movement)
31 December 2022
EUR (5% movement)
(2.1)
(1.0)
2.1
1.0
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
Cash and cash equivalents
0.3
0.3
0.8
Exposure to interest rate risk
Lease liability
(42.2)
(21.0)
(19.1)
The interest rate profile of the Group’s interest-bearing financial instruments is presented below.
Net statement of financial position exposure
(41.9)
(20.7)
(18.3)
Table 60. Fixed-rate and variable-rate instruments
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
The following significant exchange rates have been applied during the year.
Table 58. Average rate and year-end spot rate
Average rate
Year-end spot rate
2023
2022
2023
2022
EUR/RON
4.9465
4.9315
4.9204
4.9474
(RON mn.)
31 December
31 December
31 December
2023
2022
2021
Fixed-rate instruments
Financial assets
Call deposits
Financial liabilities
154.0
193.2
53.9
Sursa: Situatiile financiare consolidate ale Grupului Electrica la 31 December 2023
Long-term bank borrowings
(1,068.9)
(651.8)
(418.9)
Sensitivity analysis
A reasonably possible strengthening (weakening) of the EUR against RON at 31 December would have
affected the measurement of financial instruments denominated in a foreign currency and profit
before tax by the amounts shown below. The analysis assumes that all other variables, in particular
interest rates, remain constant and ignores any impact of forecast sales and purchases.
Lease liability
Total
Variable-rate instruments
Financial liabilities
Lease liability
(32.3)
(37.4)
(8.3)
(947.2)
(495.9)
(373.3)
(10.9)
(16.3)
(13.3)
Long-term bank borrowings
(248.7)
(109.0)
(209.6)
Bank overdrafts
Total
(2,851.2)
(2,571.0)
(627.4)
(3,110.8)
(2,696.3)
(850.3)
Source: Consolidated financial statements of Electrica Group as of 31 December 2023 and 31 December 2022
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Fair value sensitivity analysis for fixed-rate instruments
The Group does not account for any fixed-rate financial assets or financial liabilities at fair value
through profit or loss. Therefore, a change in interest rates at the reporting date would not affect profit
or loss.
Cash flow sensitivity analysis for variable-rate instruments
A reasonably possible change of 50 basis points in interest rates at the reporting date would have
increased (decreased) profit before tax by the amounts shown below. This analysis assumes that all
other variables, in particular foreign currency exchange rates, remain constant.
Table 61. Cash flow sensitivity analysis for variable-rate instruments
(RON mn.)
Profit before tax
50 bp increase
50 bp decrease
31 December 2023
Variable-rate instruments
31 December 2022
Variable-rate instruments
Source: Consolidated financial statements of Electrica Group as of 31 December 2023
(15.6)
(13.5)
15.6
13.5
6.9 Description of the main features of internal control
and risk management systems in relation to the
financial reporting process
The
internal control
represents all measures,
• the reliability of financial reporting (accuracy,
procedures and policies adopted by
ELSA
completeness and correctness of the
management and their
implementation by the
information);
employees, regarding the organizational structure,
applied procedures, methods,
techniques and
instruments, for the purpose of
implementation
of company strategy and objectives. The internal
control
includes all control forms performed at
company level, such as preventive financial control,
• ensuring an environment based on identifying,
understanding and controlling risks,
environment which will contribute to achieving
the organizational goals;
• efficient and effective business operations and
internal and managerial control, compliance control.
use of resources;
The internal control activity represents a way of
resolutions and follow-up.
analysis of ELSA activities, of adopting and applying
the internal management, also associated with the
The achievement of these goals was performed in
knowledge activity, which allows the Company’s
2023 as follows:
• applying the BoD and executive management
management to coordinate the activities within the
organization in an efficient manner.
In this respect, through the internal control the
monitoring and verification
is carried out,
in
• in order to ensure internal compliance with
the competition and state aid rules, several
training and practical verification sessions were
conducted;
accordance with the legislation in force and the
• for the implementation by DEER of the
specific procedures, in compliance with the legal
commitments assumed within the investigation
framework that regulates the activities carried out
of the Competition Council, ELSA provides,
in the checked entities, according to the approved
according to the concluded contract,
control objectives and themes.
consultancy services and conducts trainings
aimed at increasing the degree of information
Through
internal
control,
the
Company’s
and awareness of the staff regarding the
management ascertains the deviations resulting
competition policy;
from the established objectives, analyzes the causes
and orders the corrective or preventive measures
• clear definition and responsibilities segregation
for each person involved in the organizational
that are required.
The
internal control and the risk management
systems have the following main goals:
• protecting organizational resources by
preventing and detecting waste, negligence,
deviations / irregularities, negligence, abuses,
fraud etc.;
process; segregation of duties regarding
the carrying out the operations among the
personnel, so that the approval, control and
registration duties are adequately assigned
to different persons (as per the Company’s
organizational chart);
• elaboration, update and implementation of
regulations, policies, procedures, forms etc;
• compliance with the applicable legislation and
• unitary updating at group level the Code of
the internal regulations;
Ethics and Professional Conduct and subsequent
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policies;
• the existence of a Guide for Accounting Policies,
elaborated in accordance with the requirements
of the legislation in force, approved by the Board
of Directors;
• the existence of a schedule and a well-defined
process regarding the elaboration of accounting
and financial information in accordance
with the reporting requirements (financial
reports, including financial statements, annual
and interim reports, budget etc) and their
appropriate verification and approval by the
Board of Directors, for the purpose of endorsing
and release for publication.
The framework of ELSA’s internal control system
consists of the following elementse:
Control environment – The existence of a
control environment represents the basis of an
efficient internal control system. It consists of
the commitment towards integrity and ethical
values (for this purpose, a series of policies on
zero tolerance towards corruption, anti-fraud
and anti-money-laundering, avoidance and
fighting against conflicts of interest, gifts policy,
protocol expenses, and forbidding facilitating
payments, transparency and the involvement
of stakeholders), as well as organizational
measures (policies on the delegation of
authority and responsibilities);
Evaluation of risks – Generally, all processes are
within the scope of the internal control system.
An identification process is carried out regarding
major or critical risks, related to particular
activities for stimulating internal control
methods;
Control activities meant to prevent/reduce the
risks – Control activities have different forms
(managerial control, general control, preventive
financial control, etc.) and they are implemented
and carried out with the purpose of reducing
significant operational and compliance risks;
Information and communication – Information
helps all other components of the internal
control system by communicating to employees
their responsibilities for controlling and providing
information in an adequate and timely manner,
so that all employees may be able to fulfil their
duties. Internal communication occurs by means
of disseminating information to all levels, while
the external one implies the dissemination of
information to external parties, in accordance
with the requirements and expectations;
Monitoring activities – the Audit and Risk
Committee together with the Internal Audit
Department assess the efficiency and the
effective implementation of the internal control
system.
The Company’s management monitors
the
functioning of internal controls by means of periodical
analyzes; for instance, the execution of the budget,
the monitoring of security incidents.
Deficiencies in the implementation or functioning of
internal controls are documented into the internal
control reports, respectively in internal and external
audit reports and briefing notes, and they are
presented to the management, with the purpose of
issuing the corrective actions.
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7. STATEMENTS
238
239
Statements
Based on the best available information, we confirm that the consolidated financial statements
reviewed and audited for the period ended 31 December 2023 prepared in accordance with
International Financial Reporting Standards as adopted by the European Union (“IFRS-EU”), 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. 63 of the law no. 24/2017 on issuers of financial
instruments and market operations and to annex no. 15 to ASF Regulation no. 5/2018 for the
period ended 31 December 2023, comprises accurate and real information regarding the Group’s
development and performance.
Based on the best available information, we confirm that the consolidated financial statements
reviewed and audited for the period ended 31 December 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. 63 of the law no. 24/2017 on issuers of financial
instruments and market operations and to annex no. 15 to ASF Regulation no. 5/2018 for the
period ended 31 December 2023, comprises accurate and real information regarding the Group’s
development and performance.
Chair of the Board of Dir ector s ,
Dumitru CHIRITA
Chief Executive Offi cer,
Alexandru-Aurelian CHIRITA
Chief Fin ancia l Offi ce r,
Stefan Alexandru FRANGULEA
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Appendix 1 – Litigations
A.1 Electrica Group litigations in 2023:
A.1.1 Disputes with ANRE
Crt.
no.
Parties/Case file
number
Subject matter
Court
Case status
1
2
3
4
5
6
Plaintiff: ELSA;
Defendant: ANRE;
361/2/2015
Cancellation of ANRE Order no. 155/2014
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
The Court dismissed the
case on merits. Appealable
within 15 days from it’s
communication.
Plaintiff: ELSA;
Defendant: ANRE;
2790/1/2023 (former
no. 360/2/2015)
Cancellation of ANRE 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).
High
Court of
Cassation
and
Justice
The Court dismissed the
case on merits. ELSA filed
a recourse, definitively
dismissed by court on
14.02.2024.
Plaintiff: ELSA; DEER
Defendant: ANRE;
7614/2/2018
Action for partial annulment of ANRE
Order no. 169/2018 regarding the approval
of the Tariff Setting Methodology for the
Electricity Distribution Service.
High
Court of
Cassation
and
Justice
Case dismissed on merits,
a recourse finally dismissed
on 16.05.2023.
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.
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
Plaintiff: ELSA, DEER
Defendant: ANRE
435/2/2019*
Legal action for annulment of ANRE
Order 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
In course of settlement.
On 9 June 2020, the court
rejected the action as
unfounded. An appeal
was filed, on 26.04.2023
the recourse of DEER and
Electrica was admitted. The
High Court of Cassation
and Justice quashes the
judgment of 17.03.2020 and
the sentence and sends
the case back to the same
court. Retrial in course of
settlement.
Crt.
no.
Parties/Case file
number
Subject matter
Court
Case status
7
8
9
10
11
12
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.
Plaintiff: DEER
Defendant: ANRE
184/2/2015
Plaintiff: DEER
Defendant: ANRE
309/2/2020
Plaintiff: DEER
Defendant: ANRE
305/2/2020
Plaintiff: DEER
Defendant: ANRE
371/2/2015*
Plaintiff: DEER
Defendant: ANRE
208/2/2015
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.
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
On 29.04.2022, the Court
dismissed the case. The
decision is definitive by non
appeal by the plaintiff.
Bucharest
Court of
Appeal
On 04.10.2023, the Court
dismissed the case.
Appealable within 15 days
from it’s communication.
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,
definitively dismissed on
14.12.2023.
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).
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
Suspended until the
settlement of the case file
no. 208/2/2015.
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.
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243
Crt.
no.
Parties/Case file
number
Subject matter
Court
Case status
Crt.
no.
Parties/Case file
number
Object
Court
Case status
13
14
15
Plaintiff: DEER
Defendant: ANRE
303/2/2020
Plaintiff: DEER
Defendant: ANRE
53/2/2022
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. Application for
reinstatement was filed.
Cancellation of the ANRE’s President
Order no. 119/2021 regarding the approval
of the specific tariffs for the electricity
distribution service and the price for the
reactive energy for DEER.
Bucharest
Court of
Appeal
Suspended until the final
settlement of case no.
6176/2/2022.
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.
High
Court of
Cassation
and
Justice
Case dismissed on merits.
A recourse was filed, in filter
proceedings.
Source: Electrica
A.1.2 Fiscal matter disputes
Crt.
no.
Parties/Case file
number
Object
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.
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).
1
2
Court
Case status
Bucharest
Tribunal
Action admitted on
merits. The Decision was
appealed, in course of
settlement.
District 1 Court
In course of settlement.
Plaintiff: ELSA
Defendant: NAFA -
DGAMC
3
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 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.
High Court
of Cassation
and Justice
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. A recourse
was filed, in course of
settlement.
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Crt.
no.
Parties/Case file
number
Object
Court
Case status
Crt.
no.
Parties/Case file
number
Object
Court
Case status
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).
Plaintiff: DEER
Defendant: DGAMC –
NAFA
641/42/2020
641/42/2020
Plaintiff: DEER
Defendant: Galati City
Hall - DITVL Galati
263/42/2020
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.
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. An appeal
was filed, on 31.01.2024
the recourse of DEER was
admitted. The High Court
of Cassation and Justice
quashes the judgment of
the sentence and sends
the case back to the
same court.
4
5
6
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.
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.
7
8
Source: Electrica
A.1.3 Other significant litigations
(with a value higher than EUR 500 thousand)
Crt.
no.
Parties/Case file
number
Object
Court
Case status
1
2
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
Procedure definitively closed on
12.12.2023.
Creditor: ELSA
Debtor: CET Braila S.A.
2712/113/2013
Bankruptcy, registering to the
list of creditors in amount of
RON 3,826,035.
Braila Court
Ongoing procedure.
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Crt.
no.
Parties/Case file
number
Object
Court
Case status
Crt.
no.
Parties/Case file
number
Object
Court
Case status
3
4
5
6
7
Creditor: ELSA, AAAS,
BCR SA and others
Debtor: Oltchim S.A.
887/90/2013
Creditor: ELSA
Debtor: Romenergy
Industry SRL
2088/107/2016
Creditor: ELSA
Debtor: Transenergo
Com S.A.
1372/3/2017
Creditor: ELSA
Debtor: Electra
Management &
Supply SRL
41095/3/2016
Creditor: ELSA
Debtor: Fidelis Energy
SRL
3052/99/2017
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.
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 – finally
dismissed on 06.04.2023
Insolvency proceedings.
Amount RON 37,088,830.
Bucharest
Court
Bankruptcy. Amount: RON
6,027,537.
Bucharest
Court
Bankruptcy. Amount: RON
11,291,747.90.
Iasi 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.
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, case in course
of settlement
Ongoing procedure. On 26.04.2023,
the bankruptcy was ordered. Of the
total amount initially recorded at
the credential table, the amount
of RON 66,066.07, representing
ELSA’s debit to Fidelis Energy, was
compensatedin the final table
consolidated with this amount.
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 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.
High Court
of Cassation
and Justice
On 22.11.2023, the court dismissed
the appeal for annulment as
inadmissible. Final.
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. A request for the
reinstatement of the cause will be
filed.
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
Court of
Appeal
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 appeal, object of case
no. 37068/3/2021/a1 and no.
37068/3/2021/a2 (attached to case
no. 37068/3/2021/a1). On 24.10.2023,
the court dismissed the connexed
cases; ELSA filed an appeal.
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 until the final settlement
of case 2229/2/2017.
8
9
10
11
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Crt.
no.
Parties/Case file
number
Object
Court
Case status
Crt.
no.
Parties/Case file
number
Object
Court
Case status
Plaintiff: VIR Company
International S.R.L.
Defendant: DEER
12
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.
Ploiesti Court
of Appeal
Creditor: DEER
Debtor: Transenergo
Com S.A.
1372/3/2017
Insolvency proceedings.
Amount: RON 9,274,831.
Bucharest
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
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.
Appeal filed by the plaintiff, in
course of settlement.
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.
13
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.
Plaintiff: Sinaia City
Hall
Defendant: DEER
16
3719/105/2020**
Plaintiff: Tutu Daniel
and Tudori Ionel
Dedendant: DEER
15
180/233/2020*
Claims - equivalent value
of land related to the Galati
Center Transformation Station
– RON 2,500,000.
Galati
Tribunal
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.
Appeal in course of settlement.
Action in “Obligation to do”
administrative litigation.
Sinaia City Hall requests:
-mainly: obliging MN to
comply with LCD 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.
Ploiesti Court
of Appeal
The Court dismissed the case on
merits. A recourse was filed.
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Parties/Case file
number
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Court
Case status
Crt.
no.
Parties/Case file
number
Object
Court
Case status
Plaintiff: DEER
Defendant:
Romenergy Industry
S.A.
2088/107/2016
Plaintiff: Asirom
Vienna Insurance
Group S.A.
Defendant: DEER
439/111/2017
Plaintiff: Energo
Proiect SRL
Defendant: DEER, DEER
– Oradea Subsidiary
374/1285/2018
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.
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. The decision is definitive
by non appeal by the plaintiff.
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.
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.
Plaintiff: DEER
Defendant: ELSA
4469/62/2018
Claims according to the
Courts of Account findings –
RON 8,951,811
Brasov Court
Plaintiff: DEER
Defendant: directors
and managers
342/62/2020*
Plaintiff: EL SERV
Defendant: Servicii
Energetice Banat S.A.
8776/30/2013 (joint
with cu 2982/30/2014)
Claims against the former
general managers of the
company, as a result of
the non-fulfilment of some
measures ordered by the
Court of Accounts for the
amount of RON 8,951,812.
Bankruptcy - amount
admitted to the list of
creditors RON 72,180,439.68.
Plaintiff: EL SERV
Defendant: SEO
2570/63/2014
Bankruptcy - amount
admitted to the list of
creditors RON 26,533,446.
Brasov Court
Suspended until the final settlement
of case no. 4469/62/2018.
Timis Court
Ongoing proceedings.
Dolj Court
Ongoing proceedings.
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Bankruptcy - amount
admitted to the list of
creditors: RON 15,130,315.27.
Constanta
Court
Ongoing proceedings.
Bankruptcy – amount:
admitted to the list of
creditors RON 73,708,082.90.
Bacau Court
Ongoing proceedings.
Claims – EUR 655,164,
equivalent of RON 3,210,305.75.
Bucharest
Court
Ongoing proceedings.
Plaintiff: EL SERV
Defendant: SED
8785/118/2014
Plaintiff: EL SERV
Defendant: SE
Moldova
4435/110/2015
Plaintiff: EL SERV
Defendant: New
Koppel Romania
20376/3/2016
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
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 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.
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, definitively dismissed.
Plaintiff: EL SERV
Defendant: directors
and administrators
2010-2014
35828/3/2019
Creditor: EFSA
Debtor: Apaterm S.A.
Galati
4783/121/2011*
Creditor: EFSA
Debtor: Ariesmin S.A.
Branch
7375/107/2008
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 course of
settlement.
Bankruptcy – registering to
the list of creditors for the
amount of RON 2,547,551.
Galati Court
Ongoing proceedings.
Bankruptcy - registering to the
list of creditors for the amount
of RON 20,711,588.
Alba Court
Ongoing proceedings.
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Court
Case status
Crt.
no.
Parties/Case file
number
Object
Court
Case status
32
33
34
35
36
37
38
39
40
Creditor: EFSA
Debtor: Zlatmin S.A.
Branch
6/107/2003
Creditor: EFSA
Debtor: Nitramonia
S.A.
1183/62/2004
Bankruptcy - registering to the
list of creditors for the amount
of RON 9,314,176.
Alba Court
Ongoing proceedings.
Bankruptcy - registering to the
list of creditors for the amount
of RON 2,321,847
Brasov Court
Ongoing proceedings.
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.
Creditor: EFSA
Debtor: Oltchim S.A.
887/90/2013
Creditor: EFSA
Debtor: Energon
Power and Gas S.R.L.
53/1285/2017
Creditor: EFSA
Debtor: CUG S.A.
2145/1285/2005
Bankruptcy - receivable RON
16,700,311.
Valcea Court
Ongoing proceedings.
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.
Bankruptcy - registering to the
list of creditors for the amount
of RON 7,880,857.
Cluj
Specialized
Court
Ongoing proceedings.
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.
Plaintiff: EFSA
Defendant: ELSA
6665/3/2019
Plaintiff: UAT Targu
Secuiesc
Defendant: EFSA
886/119/2022
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.
Claims – RON 2,718,151.15
Covasna
Tribunal
In course of settlement.
41
42
43
44
45
46
47
48
Plaintiff: EDPR
Romania SRL
Parat: EFSA
19662/3/2022
Plaintiff: EFSA
Defendant: ARC PARC
INDUSTRIAL SRL
Called into
guarantee:
VIBRACOUSTIC
ROMANIA SRL
585/1285/2022
Plaintiff: Oradea City
Defendant: EFSA
752/111/2023*
Claims – RON 3,880,124.69
Bucharest
Tribunal
The judgment was suspended
until the final resolution of file no.
3664/2/2022.
Claims: RON 7,294,831.26
Cluj
Specialized
Court
In course of settlement.
Claims: RON 4,177,879
Bihor Court
In 18th December 2023, the UAT
Oradea’s action was dismissed.
Appealabale within 10 days from it’s
communication.
Creditor: EFSA
Debtor: 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.
Plaintiff:EFSA
Defendant: ARC PARC
INDUSTRIAL SRL
253/1285/2023
Plaintiff:EFSA
Defendant:Goldterm
Mangalia
6408/118/2023
Plaintiff:EFSA
Defendant:A6
263/1285/2023 Impex
Plaintiff: Ivan Laura
Ionela
Ivan Cornel Ionut Ivan
Vladimir Mihai
Defendant: EL SERV
34705/3/2015
Claims: RON 2,800,000
Cluj
Specialized
Court
Solution in favour of EFSA.
Receivable recovered.
Claims: 4.421.768,10 RON
Constanta
Court
In course of settlement.
Claims: 3.547.674, 21 RON
Cluj
Specialized
Court
In course of settlement.
Civil liability - work accident
resulting in employee death
(amount of compensation
claims – EUR 3 mn.).
Bucharest
Court
Case reinstated. In course of
settlement.
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number
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Court
Case status
Crt.
no.
Parties/Case file
number
Object
Court
Case status
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.
Insolvency – banckrupcy –
RON 1,357,789.92.
Dambovita
Court
Ongoing procedure. The current
receivables have been fully
recoverd.
Plaintiff: ELSA
Defendant: Servicii
Energetice Banat
57
3661/30/2020
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
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.
• Obliging the defendant to
leave us in full ownership
and possession of the
land located in Timisoara,
Pestalozzi street no. 3-5, in a
total area of 6,089 sqm;
• rectification of entries in
land registers no. 447675,
408987 and 409003
UAT Timisoara, in the
sense of suppressing the
inappropriate entries made
in them, in order to agree
the tabular status with the
real legal situation of the
real estate, respectively of
the deletion of the property
right of the tabular owner
SERVICII ENERGETICE BANAT
S.A. and registration of the
property right of Societatea
Energetica ELECTRICA S.A.
• Litigation value: RON
6,452,900.
Timis Tribunal
Preliminary proceedings.
Creditor: Societatea
Electrica Furnizare SA
Debtor: Romaero
58
39261/3/2023
Bankruptcy (The debtor’ s
request – art 10 Law 85/2014)
- registering to the list of
creditors for the amount of
RON 4,051,759. 70.
Bucharest
Tribunal
In course of settlement.
Claims – contractual liability –
RON 2,851,297.30
Covasna
Court
In course of settlement.
Source: Electrica
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.
Claims – contractual liability –
RON – 2,553,038.40.
Bucharest
Tribunal
In course of settlement.
Plaintiff: Cazacu
Maria
Defendant: DEER
7212/200/2020
Plaintiff: DEER –
Defendant: COS
Targoviste
1906/120/2013
Plaintiff: Verta Tel SRL
Defendant: DEER
4106/3/2021
Plaintiff: DEER
Defendant: Getica 95
SRL
1666/114/2021*
Plaintiff: DEER
Defendant: AEM S.A.
1347/119/2021
Plaintiff: Rebrean
Gheorghe
Defendant: DEER
1635/112/2022
Plaintiff: DEER
Defendant: Electric
Planners SRL
25660/3/2022
49
50
51
52
53
54
55
56
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
8,597,179.15 .
Bucharest
Tribunal
In course of settlement.
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A.1.4 Litigations against the Romanian Court of
Accounts
Crt.
no.
Parties/
Case file
number
Object
Court
Case status
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 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.
High Court
of Cassation
and Justice
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.
AppealHigh
Court of
Cassation
and Justice
1
2
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 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. Both parties filed a recourse, in
course of settlement.
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. An appeal
was filed – filter proceedings.
Crt.
no.
Parties/
Case file
number
3
Plaintiff: DEER
Defendant:
Romanian
Court of
Accounts
Intervenient:
SERV
1677/105/2017
Source: Electrica
Object
Court
Case status
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.
Ploiesti
Court of
Appeal
Dismisses the application. A
recourse was filed. Preliminary
proceedings.
A.1.5 Other litigations with significant impact
Crt.
Parties/Case
no.
file number
Object
Court
Case status
Plaintiff: DEER
Defendant: Local
Council of Oradea
City, RCS&RDS
1
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 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.
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Crt.
Parties/Case
no.
file number
Object
Court
Case status
Crt.
Parties/Case
no.
file number
Object
Court
Case status
Plaintiff: Carei City
and others
Defendant: DEER
2
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
On 21.04.2021, the court rejects 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
(i) ELSA’s compliance with the
obligation of not to do regarding
the share capital and the AoA of the
EDB and the 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.
Bucharest
Court of
Appeal
Case dismissed on merits; appeal
definitively dismissed by the court on
07.03.2023.
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 by ELSA and SAPE, definitively
dismissed. At this case was connected
the case no. 988/30/2019.
Review against the decision
573/29.11.2013, pronounced by the
Court of Appeal Timisoara in file no.
949/30/2019.
High Court
of Cassation
and Justice
In course of settlement.
3
4
5
Plaintiff:
E-Distributie
Banat
Defendant: ELSA
12857/3/2019
Plaintiff: ELSA,
SAPE
Defendant:
E-Distributie
Banat
949/39/2019
Plaintiff: ELSA,
Defendant: SAPE,
Retele Electrice
Banat (former
E-Distributie
Banat), Ministry of
Energy
2981/1/2023
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Crt.
Parties/Case
no.
file number
Object
Court
Case status
Crt.
Parties/Case
no.
file number
Object
Court
Case status
Plaintiff: Grup 4
Instalatii
Defendant: DEER
9
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.
High Court
of Cassation
and
JusticeCluj
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,
dismissed by the court. A recourse
was filed, in course of settlement.
With recourse within 30 days of it’s
communication.
Plaintiff: ELSA
Defendant: UAT
Bicaz
6
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 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.
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.
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.
Ploiesti
Court of
Appeal
Action dismissed on the merits. The
recourse is accepted, the sentence is
quashed and the case is sent to the
Prahova Court for retrial.
7
8
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263
Crt.
Parties/Case
no.
file number
Object
Court
Case status
Crt.
Parties/Case
no.
file number
Object
Court
Case status
Plaintiff: ELSA
Defendant:
Kaufland Romania
SCS, Deva City,
through the
Mayor and Deva
City Council
156/221/2021*
1. obliging the defendants to leave
us in 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.
Hunedoara
Tribunal
Action admitted in part. ELSA 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).
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.
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.
10
11
12
13
Plaintiff: Nine
Alexandru
Defendant: DEER
SA
1777/62/2023
Claims - Requests the payment
of the amount of 84,925 euro
(419,002.96 RON) representing,
damages revocation of mandate
contract,
Brasov Court
In course of settlement.
Creditor: Eurototal
Comp SRL
Debtor: DEER
14
724/1285/2023
Insolvency : 209.335,28 RON
Cluj
Commercial
Court
The creditor waived the trail of the
insolvency request. On 11.01.2024, the
Court takes note of the renunciation
of the creditor EUROTOTAL COMP
S.R.L., on judging the request to open
insolvency proceedings against DEER.
It states that the appeal filed by the
debtor DEER has remained without
object. Take note of the parties’
manifestation of will to waive the
appeal. Definitive.
Plaintiff: ELSA
Defendant: DEER
1697/242/2019
15
• Obliging the defendant to leave us
in full ownership and possession
of the land area of 7,695 square
meters, located in the place.
Somesul Rece, Gilau commune,
Cluj county, registered in CF no.
52997 – Gilau Commune (old land
registry no. 561/Somesul Rece);
• - rectification of entries in the
land registry, in the sense of
suppressing inappropriate entries
made in it, registered under
no. 34516/21.05.2017, to agree
the tabular status with the real
legal situation of the immovable
property, namely the deletion of
the ownership right of the SDEE
TN tabular owner over the land
surface and the registration of the
ownership right of the claimant
ELSA over this land surface.
Litigation value: RON 93,226.62.
Huedin
Court
In course of settlement.
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no.
file number
Object
Court
Case status
Crt.
Parties/Case
no.
file number
Object
Court
Case status
1. Obliging the defendants to leave
us in full ownership and possession
of the land area of 2,339 square
meters, located in the town of Dej,
str. Avram Iancu no. 20, Cluj county,
registered in land register no. 52907
– Dej, Cadastre and Real Estate
Office Cluj (old Land Registry no.
19335), no. topo. 938a) Defendant
DERR:
- mainly, the land area of 1700.92 sq
m, the area registered in the Land
Register no. 52907 – Dej, OCPI Cluj;
- in the alternative, the land area
of 1,452.12 square meters, in the
situation where «the transfer of
ownership» of the land area of 248.8
square meters by this defendant to
the defendant EFSA will be proven;
b) Defendant (F.I.S.E.) ELECTRICA
SERV S.A. - land area of 638 sq m;
c) Defendant EFSA - land area of
248.8 square meters;
2. Rectification of the entries in the
land register regarding the land
registered in land register 52907
– Dej, Office of Cadastre and Real
Estate Cluj (old Land Register no.
19335), no. topo 938, in the sense of
suppressing inappropriate entries
made within it, registered under no.
33747/2006, in order to reconcile
the tabular status with the real legal
situation of the immovable property,
respectively of the deletion of the
property right of the DEER tabular
owners under the name under which
it was entered in the Land Register)
and F.I.S.E. ELECTRICA SERV S.A. on the
land area of 2,339 square meters,
located in the town of Dej, str. Avram
Iancu no. 20, Cluj county and the
registration of the property right of
the claimant ELSA over this area of
land.
Litigation value: RON 329,875.
1. obliging the defendant to leave
us in full ownership and possession
of the land area of 46.99 square
meters, located in Romani, Romanii
de Jos village, Schitului str., no. 2A,
Valcea county», which constitutes
an undivided part of the total area
of 93.98 sqm (94 sqm registered),
registered in the land register no.
Plaintiff: ELSA
Defendant: DEER,
EFSA, FISE
16
4658/117/2019
Plaintiff: ELSA
Defendant: Gidazi
Prod Com
Hidroelectrica S.A.
17
3450/241/2019
Cluj Court
Case dismissed on merits. Appel
filed by ELSA, dismissed by the court.
With recourse within 30 days of
communication.
Valcea
Tribunal
On the merits, the court partially
admitted the summons and ordered
the partial cancellation of the asset
sale purchase contract authenticated
under no. 335/29.07.2016 by BNP
Berevoianu Radu Costin, regarding
the area of 94 square meters from
measurements, intra-village land with
cadastral number 36276
36276 – Horezu (old CF no. 1190);
2. rectification of entries in the
land register regarding the land
registered in land register no. 36276
– Horezu (old CF no. 1190), in the
sense of suppressing inappropriate
entries made within it, registered
under no. 41348/04.08.2016, to
reconcile the tabular status with the
real legal situation of the immovable
property, respectively the deletion
of the property right of the tabular
owner GIDAZI PROD COM SRL;
3. (supplementary request)
ascertaining the partial absolute
nullity of the sale-purchase
contract authenticated under no.
335/29.07.2016 by BNP Berevoianu
Radu Costin, regarding the sale of
the land area of 46.99 sqm.
Litigation value: RON 1,715.53.
1. forcing the defendant to leave us
in full ownership and possession
of the land with an area of 20.50
square meters which is an integral
part of the land with an area of
348 square meters identified with
no. Cadastral 2177, registered in CF
no. 39932 of the city of Targu Jiu,
Jud. Gorj, land located in Targu Jiu,
General Gheorghe Magheru str., Gorj
county. 2. Rectification of CF
Litigation value: RON 12,767.
Request for penalties for not
preparing the CADP documentation
regarding the land in Ghelari
for which ELSA obtained a court
decision.
Horezu (old cadastral number 1298).
Orders the deletion of the property
right registered in the name of the
defendant GIDAZI PROD COM SRL from
the Land Register no. 36276 Horezu,
on the land building with an area of
94 square meters. Reject the rest of
the request. ELSA and Hidroelectrica
filed an appeal, On appeal, the court
orders the partial cancellation of the
sale-purchase contract authenticated
under no. 335/29.07.2016 regarding
the area of 46.99 square meters,
mentioned in the Certificate of
attestation of the right of ownership
over the lands series M03 no.
11429/26.04.2010. Order the deletion
from the land register no. 36276
Horezu of the property right registered
in the name of the defendant GIDAZI
PRODCOM SRL regarding the area of
46.99 square meters, mentioned in the
Certificate of attestation of the right
of ownership over the lands series
M03 no. 11429/26.04.2010. Maintain
the rest of the appealed sentence.
With recourse within 30 days of
communication.
Targu Jiu
Court
Suspended, until the resolution of the
exception of illegality which is the
subject of file 14904/318/2023.
Timisoara
Court
In course of settlement
Complaint against the director
of the Trade Registry - regarding
the rejection of the request for
correction of an error regarding the
shareholding.
Timis
Tribunal
Preliminary proceedings.
18
19
20
Plaintiff: ELSA
Defendant:
Romanian State
– Ministry of
Finance
9439/318/2021
Plaintiff: ELSA
Defendant:
E-Distributie
Banat
27688/325/2023
Plaintiff: Retele
Electrice Banat
Defendant:
National Trade
Registry - Timis
Trage Registry
Main intervenient:
ELSA
6209/30/2023
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Crt.
Parties/Case
no.
file number
Object
Court
Case status
Appendix 2 – Details of the main investments of Electrica
Group during 2023
Between 1 January 2023 and 31 December 2023, the most significant investments made by the Group are as
21
22
23
24
Plaintiff: FISE
Defendant:
E-Distributie
Muntenia
Intervenient: ELSA
2275/93/2021
Plaintiff: ELSA
Defendant:
Romanian State,
represented
by the Ministry
of Transport,
Insfrastructure
and Telecon, by
CNAIR, Craiova
Local Council –
Comission for
applying Law
255/2010
3411/63/2023
Plaintiff: ELSA
Defendant:
E-Distributie
Dobrogea
17971/212/2023
Plaintiff: ELSA
Defendant:
E-Distributie
Banat
22327/325/2023
Source: Electrica
Tancabesti land diassembly
Ilfov
Tribunal
Amicably resolved.
follows:
1. Partial annulment of the Decision
establishing compensations no.
3 of 02.11.2022, adopted by the
Craiova Local Council - Commission
for the application of Law no.
255/2010, regarding the amount
established as compensation for
the expropriated land area of 169
sqm, located in Teilor Street no.
160, no. cadastral / land register
216717 (currently transcribed in CFE
248543 UAT Craiova); 2. Obliging
the defendant, the Romanian
State, represented by the Ministry
of Transport and Infrastructure,
through CNAIR, to pay to the
underwriter the real value of the
entire land area of 174 square
meters expropriated in reality,
composed of: (i) the land area of
169 square meters which makes
object of Annex no. 2 at H.G. no.
327/2021, position no. 35 and of
the expropriation decision no.
942/28.05.2021, position 35 and (ii)
the land area of 5 square meters, de
facto expropriated, with which the
Romanian State registered in the
land register (no. 248543 Craiova),
in addition to the area that is the
subject of the expropriation decision
no. 942/28.05.2021.
Dolj Tribunal
In course of settlement.
Obliging EDD to draw up the
documentation for the certificate of
ownership and hand it over to ELSA.
Constanta
Court
In course of settlement.
Obliging EDB to draw up the
documentation for the certificate of
ownership and hand it over to ELSA.
Timisoara
Court
In course of settlement.
DESCRIPTION
Value
(RON mn.)
MUNTENIA NORD
Modernization and integration in SCADA of 110/20 kV Potlogi Substation
Modernization of secondary substations fed from UGC 20kV Blocks 1, Blocks 2, IPL, Trainica 1, Trainica
2, Pucioasa city, Dambovita County
Modernization of the 110 kV Hipodrom Substation, replacement of power transformers Trafo 1
(110/20/6kV) & Trafo 2 (110/6kV)
Implementation of an integrated resource planning system-Workforce Management (WFM)
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.
Voltage level improvement in localities Baldana, Tartasesti, Gulia, Commune Tartasesti, Dambovita
County
Modernization of LV OHL and connections – meters in the area of PTA 3161, PTA 3251, PTA 3320, Iazu
locality, Cojasca Commune, Dambovita County
Modernization and integration in SCADA of 110/20 kV Zatna Substation, Braila County
Modernization of network and connections Homocea, Vrancea County
Modernization and consolidation of the hardware infrastructure and software of the SAP system
[SAP-DEER] 2022_batch1 - OBJECT 2+OBJECT 1
Modernization and integration in SCADA of 110/20 kV Buzau Sud Substation
Modernization of distribution network in village Lunca Pripor, Nehoiu City, Buzau County
Network switching over from 6 kV to20 kV, Floresti locality
Improving technical conditions of supply for consumers in locality Plopeni
SDEE Ploiesti network modernization, for blocks of flats in Ploiesti Nord neighbourhood, Prahova
County - STAGE II
7.97
7.39
7.39
7.09
6.54
6.40
5.51
5.43
5.40
5.02
4.61
4.37
4.36
3.95
2023 DIRECTORS’ REPORTAPPENDIX 2 – MAIN INVESTMENTS DURING 2023ELECTRICA S.A2023 ANNUAL REPORT2023 DIRECTORS’ REPORTAPPENDIX 1 – LITIGATIONSELECTRICA S.A2023 ANNUAL REPORT
268
269
DESCRIPTION
Value
(RON mn.)
DESCRIPTION
Value
(RON mn.)
MUNTENIA NORD
Modernization and integration in SCADA of 110/20 kV Potlogi Substation
Modernization of secondary substations fed from UGC 20kV Blocks 1, Blocks 2, IPL, Trainica 1, Trainica
2, Pucioasa city, Dambovita County
Modernization of the 110 kV Hipodrom Substation, replacement of power transformers Trafo 1
(110/20/6kV) & Trafo 2 (110/6kV)
Implementation of an integrated resource planning system-Workforce Management (WFM)
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.
Voltage level improvement in localities Baldana, Tartasesti, Gulia, Commune Tartasesti, Dambovita
County
Modernization of LV OHL and connections – meters in the area of PTA 3161, PTA 3251, PTA 3320, Iazu
locality, Cojasca Commune, Dambovita County
Modernization and integration in SCADA of 110/20 kV Zatna Substation, Braila County
Modernization of network and connections Homocea, Vrancea County
Modernization and consolidation of the hardware infrastructure and software of the SAP system
[SAP-DEER] 2022_batch1 - OBJECT 2+OBJECT 1
Modernization and integration in SCADA of 110/20 kV Buzau Sud Substation
Modernization of distribution network in village Lunca Pripor, Nehoiu City, Buzau County
Network switching over from 6 kV to20 kV, Floresti locality
Improving technical conditions of supply for consumers in locality Plopeni
SDEE Ploiesti network modernization, for blocks of flats in Ploiesti Nord neighbourhood, Prahova
County - STAGE II
Modernization of seondary Substations PTZ in Gaestisti: PTZ 5016 Blocuri Gaesti, PTZ 5031 Blocuri
Gaesti, PTZ 5185 Blocuri Gaesti, PTZ 5136 CTA Gaesti, PTZ 6128 IGO Titu, PTZ 5103 Fca de Gheata,
PTAB 5211 13 Decembrie, PA 5002 PTTR, PTZ 514 F-ca de paine 6, PTZ 5127 F-ca de Branza si US 5230
Mogosani
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
ELA ENERGY network reinforcement
Improving technical conditions of supply and the voltage level for consumers in Fulga Commune,
Prahova County
7.97
7.39
7.39
7.09
6.54
6.40
5.51
5.43
5.40
5.02
4.61
4.37
4.36
3.95
3.84
3.80
3.74
3.54
Modernization of the central heating boiler of the Galati branch headquarters - headquarters str.
Nicolae Balcescu no. 35A, Galati Municipality
Implementation of Intelligent Energy Metering Systems (SMI) 2023 SR Buzau mun Buzau -27369 pcs
Modernization of 20/6 kV Ploiesti Vest Substation, integration in SCADA system and grounding
compensation with BSRC (adjustable arc suppression coil), Prahova County
Voltage level improvement for consumers in Odobesti Commune, Dambovita County, localities:
Ziduri, Crovu, Brancoveanu and Miulesti
Modernization of the 110 kV Substations: Filesti, SNG, Tecuci, Ionasesti - replacement of 110/6kV
power transformers - 4 pcs
Improving technical conditions of supply and the voltage level for consumers in Salciile village,
Prahova County
Network modernization in Tataru and Maicanesti localities, Maicanesti Commune, Vrancea County
Voltage level improvement and modernization of LV OHL and connections for consumers from the
area of PTA 3038 & PTA 3128 Varnita area, Prahova County
Improving technical conditions of supply for consumers in Rizanesti area, Valenii de Munte City
Modernization of OHL 20kV by replacing insulation and conductors (OHL 20kV Urleasca - SR
Ramnicelu, OHL 20kV Lacu Sarat - SRPD 1-4, OHL 20kV Romanu - T. Vladimirescu and OHL 20 kV
Gropeni - Tichilesti)
Modernization of Plopeni 20/6 kV substation; mounting neutral point treatment 6 kV
Network modernization in area of PTA 5776 no.1 and PTA 5778 CIA, Sendreni locality, Galati County
Voltage level improvement & modernization of secondary substations (PT) and OHL in PTA 1104
Ciorani+PTA 1067 Cioranii de Jos area, Ciorani Commune, Prahova County
Improving technical conditions of supply and the voltage level for consumers supplied with
electricity from PTA 3023 Palanca, Palanca village, Rafov Commune, Prahova County
Achievement of smart distribution network in a homogeneous area of consumers from Tiglina 1,
Tiglina 2, Tiglina 3 - Micro 16, Tiglina 4 neighborhoods in Galati Municipality, Galati County
Modernization of 0.4 kV distribution network in Munteni locality, areas supplied by PTA1, PTA2, PTA3
Munteni, Galati County
Modernization of 0.4 kV distribution network in Zidari neighbourhood, Rm Sarat Municipality, Buzau
County
Modernization of LV OHL and power injection in PTA 1,2,3 and 4 Zavoaia, Zavoaia locality, Braila
County
3.34
3.25
3.19
3.06
2.99
2.93
2.80
2.76
2.67
2.56
2.52
2.40
2.37
2.35
2.33
2.11
2.11
2.05
2023 DIRECTORS’ REPORTAPPENDIX 2 – MAIN INVESTMENTS DURING 20232023 DIRECTORS’ REPORTELECTRICA S.AAPPENDIX 2 – MAIN INVESTMENTS DURING 2023ELECTRICA S.A2023 ANNUAL REPORT2023 ANNUAL REPORT
270
271
DESCRIPTION
Value
(RON mn.)
DESCRIPTION
Value
(RON mn.)
Modernization of LV OHL and connections, Fantanele locality, Cojasca Commune, Dambovita
County
SMI (Smart metering systems) Targoviste Branch
Modernization of 20/6 kV Slanic Substation and neutral point treatment, Prahova County
Modernization of 0.4 kV OHL and connections for consumers in Movila Miresii locality
Installation of grounding compensation with BSRC (adjustable arc suppression coil) in 20/6 kV
Columbia Substation
Increasing the power supply reliability of consumers from Radu Negru and Buzaului neighbourhood,
Braila Municipality
Voltage level improvement for users in PT6156, 6061, 6060,6129.6222,6062 area Racari locality,
Dambovita County
Voltage level improvement for users in Cranguri locality, Dambovita County
SMI (Smart metering systems) Muntenia Nord area
SMI (Smart metering systems) Focsani Branch
TRANSILVANIA SUD
Modernization and consolidation of the hardware and software of the SAP system [SAP-DEER]
Batch1
Implementation of an integrated resource planning system - Workforce Management
Modernization of the 20 kV UGC in the area of the 220/110/20 kV Alba Iulia Substation, Alba Iulia
Municipality, Alba County
Modernization of 20 kV network in the area of Bulevardul Revolutiei 1989, Alba Iulia Municipality, Alba
County
Modernization of 20 kV network in the area of Piata Iuliu maniu, Alba Iulia Municipality, Alba County
Modernization of 20 kV network in Lipoveni neighbourhood, Alba Iulia Municipality, Alba County
Modernization of 20 kV network in Maieri neighbourhood, Alba Iulia Municipality, Alba County
Modernization of distribution network, Bran locality- Stage 2, PT4 area, Brasov County
Modernization of distribution network, Bran locality- Stage 3, PA1, PT5, PT7 area, Bran area, Brasov
County
Increasing the power supply reliability 6kV and 20 kV busbars in 110/20/6 kV Brasov Centru
Substation, Brasov County
2.02
1.98
1.95
1.95
1.94
1.80
1.61
1.60
1.59
1.57
2.63
2.20
3.64
4.60
3.13
3.23
5.23
4.30
7.77
1.53
Increasing the power supply reliability 6kV and 20 kV busbars in 110/20/6 kV Bartolomeu Substation,
Brasov County
Increasing the power supply reliability for 20 kV OHL Prejmer-Ozun, Covasna County
Increasing the power supply reliability for 20 kV OHL Bixad locality, Covasna County
Modernization of 20/0.4 kV Secondary Substations, Ludus city, Mures County
Back-up supply of 20 kV busbars - Sanpaul Substation, Mures County
Modernization of the 20 kV UGC in the area COR MV-LV Tg Mures, by replacing the 20 kV cables on
the Bulevard and Tudor 4 - Platou Cornesti lines, Tg Mures Municipality, Mures County
Modernization of internal services of (AC) and (DC) in the Substations managed by SDEE TS –
Substations Cugir, Teius, Lupsa, Sebes
Modernization of internal services of (AC) and (DC) in the Substations managed by SDEE TS –
Substations Bartolomeu, Ghimbav, Harman, Hoghiz, Prejmer
Modernization of internal services of (AC) and (DC) in the Substations managed by SDEE TS –
Substations Cic, Tarnaveni, Mureseni, Reghin, Raciu
Modernization of internal services of (AC) and (DC) in the Substations managed by SDEE TS –
Substations Aeroport, Aurel Vlaicu, Cartisoara, Orlat, Dumbrava
Modernization of 0.4 kV OHL in the central area of Reghin Municipality, area PT 14, 55/15, 71, 65, Mures
County
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
Modernization of 0.4 kV network and connections streets Budiului, Bega(partia) & Mestecanisului
(partial), Targu Mures City, Mures County
Modernization of 0.4 kW network in Hipodrom 1,2,3 area, Sibiu Municipality, Sibiu County
Modernization of 0.4 kV network in Dumbraveni locality, Sibiu County
Modernization of 0.4 kV network in Richis village, Biertan Commune, Sibiu County
Modernization of 0.4 kV network in Dealu Frumos village, Merghindeal Commune, Sibiu County
Modernization of 0.4 kV network in Mosna Commune, Sibiu County
Voltage level improvement and modernization of LV OHL, Carpinis locality, Garbova Commune, Alba
County
Modernization of 0.4 kV network and securing connections, Dumbrava Rosie str., Miraslau, Rovine,
Valea Alba, loc. Brasov, Brasov County
1.53
3.85
3.32
5.81
1.63
2.02
2.15
1.42
1.67
1.53
1.53
2.17
1.71
3.42
11.55
1.90
1.54
3.37
2.05
2.46
2023 DIRECTORS’ REPORTAPPENDIX 2 – MAIN INVESTMENTS DURING 20232023 DIRECTORS’ REPORTELECTRICA S.AAPPENDIX 2 – MAIN INVESTMENTS DURING 2023ELECTRICA S.A2023 ANNUAL REPORT2023 ANNUAL REPORT
272
273
DESCRIPTION
Value
(RON mn.)
DESCRIPTION
Value
(RON mn.)
Increasing the power supply reliability & modernization of 20 kV, 0.4 kV UGC, Racadau, Brasov
County
Voltage level improvement and network modernization in the area of PT5 Bod & PT1 Bod, Commune
Bod, Brasov County
Modernization of LV network in Odorheiu Secuiesc locality, Rakoczi Ferencz street, Harghita County
Voltage level improvement and modernization of 0.4 kV OHL and connections, Cetatuia locality,
Harghita County
Voltage level improvement 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
Modernization of 0.4 kV network and connections, Cuza Voda, Tusnad, and Cardinal Iuliu Hossu
streets, Targu Mures Municipality, Mures County
Voltage level improvement and modernization of 0.4 kV OHL and connections, Batos locality, Mures
County
Voltage level improvement and modernization of MV & LV network in Miercurea Sibiului area, Sibiu
CountySibiului, jud. Sibiu
Network extension in Alba Iulia city, streets: Viadana, Mogos, Sadu and Apuseni, Alba County
Network extension in Vama Buzaului village, Dalghias point, Brasov County
Increasing the capacity of 20 kV network in Drumul Poienii – Schei area, Brasov city, Brasov County
Reinforcement works -power increasing, Campu Frumos Industrial Park, Covasna County
Site release works for the achievement of the objective “Rehabilitation of the infrastructure of the
major urban public transport network in the Municipality of Alba Iulia - Batch 1
Site release works for the achievement of the objective “Rehabilitation of the infrastructure of the
major urban public transport network in the Municipality of Alba Iulia - Batch 2
Modernization of distribution network in Sacele Municipality by switching from OHL (MV&LV) to UGC
(MV&LV), replacing existing UGC with paper insulation by UGC with reticular polyethylene insulation
(XLPE), restoring connections and meters relocation (Stage 1)
Modernization of LV network by switching from 0.4 kV OHL to 0.4 kV UGC, modernization and
securing connections in streets Fabricii, Tigaretei, Tutunului and Salciilor, Sf. Gheorghe Municipality,
Covasna County
Release of site for d Modernization of County Road DJ106B:A1 Ocna Sibiului Loamnes-Sorostin-Tapu
TRANSILVANIA NORD
Modernization and consolidation of the hardware infrastructure and software of the SAP system
[SAP-DEER] Batch 1
7.09
9.99
2.25
2.80
1.38
2.64
2.16
7.29
2.94
1.71
4.03
1.95
2.21
2.48
2.03
1.86
1.94
2.63
Modernization of switching equipment related to MV OHL for the Cluj-Napoca Distribution Branch,
Cluj County
Modernization of pole mounted substations, SDEE TN- Distribution Branch Cluj Napoca, Cluj County,
Vol2 - area of network operation center Gherla
Modernization of MV OHL Juc Geaca between R Gadalin and R Geaca
Network modernization in Cluj-Napoca Municipality, Mihail Kogalniceanu Street and adjacent
streets area, Cluj County,
Closure of the 20 kV loop between Jucu-Valcele and Jucu Geaca, construction of PTAb 20/0.4 kV -
250 kVA and power injection in Caian Vama
Increasing reliability of power supply in Floresti locality, Cluj County – Vol. 5 Modernization of the
Distributor Abator and construction of Distributors Cimitir & Poligon
Systematization of distributor exits from the 110/20/10 KV Campului Substation and modernization
of distributors Manastur 9, Manastur 10 and UAC Cartier Manstur, Cluj-Napoca Municipality, Cluj
County
Increasing electricity supply reliability in Floresti locality, Cluj County – Vol. 6 Modernization Iazuri
Distributor
Extension of the distribution network in Valea Ierii Commune, Composesoratul Muntele Baisorii area
- Requested by Valea Ierii City Hall
Modernization of 20 KV OHL Beius - Budureasa
Modernization of LV OHL and power injection in Serghis locality, Bihor County
Modernization of MV UGC in the area Nufarul and Rogerius Neighbourhood, Oradea
Improvement of the electricity distribution service in 110/20kV CET 2 Oradea Substation
Construction of MV UGC to increase the electricity supply reliability in Matei Corvin area, Oradea
Municipality, Bihor County
Modernization of LV OHL, branches reconstruction - PTA2, Sinteu locality, Bihor County
Modernization of 20 KV OHL Salonta-Avicola Cefa, Bihor County
Switch to 20kV of metal cabin secondary substations in Baia Mare town-20 PTs
Modernization of LV networks, Baia Mare town, historical center area, stage 2
Increase in distribution capacity and modernization of the Pietrosul Substation
Installation of photovoltaic panel systems to cover the electricity own consumption of the
administrative offices and Substations in Maramures County, belonging to DEER SA - Baia Mare
Branch
2.73
1.41
2.70
1.42
1.57
1.86
2.55
2.05
1.27
1.90
1.77
1.53
3.33
6.23
1.79
2.38
4.85
2.12
7.38
1.29
2023 DIRECTORS’ REPORTAPPENDIX 2 – MAIN INVESTMENTS DURING 20232023 DIRECTORS’ REPORTELECTRICA S.AAPPENDIX 2 – MAIN INVESTMENTS DURING 2023ELECTRICA S.A2023 ANNUAL REPORT2023 ANNUAL REPORT
274
275
DESCRIPTION
Value
(RON mn.)
commissioning of investments, are the following:
During 2023, the largest transfers from tangible assets in progress to tangible assets, representing mainly
Modernization and switchover to 20 kV of PTZ 7 and PTA 64, Sighetu Marmatiei, Maramures County
Switchover to 20 kV PTM no. 13,42,52,53 Sighetu Marmatiei town
Modernization of OHL 20 KV Craidorolt, Satu Mare County
Increasing electricity supply reliability of OHL 20 kV Halmeu- feeder Turt, Satu Mare County
Modernization MV OHL Axis Lechinta Teaca, BN
Power injection Zalau, Ortelec - Cimitirului Street, Salaj County
Modernization of SCADA equipment and communications in PA/PTs Zalau
Modernization of 0.4 kV OHL Faget
Modernization of S-axis 20KV Almas
Source: Electrica
2.77
1.77
1.68
3.36
1.84
1.36
1.26
1.52
1.32
DESCRIPTION
Value
(RON mn.)
MUNTENIA NORD
Modernization of LV OHL and connections – meters in the area of PTA 3161, PTA3 251, PTA 3320, Iazu
locality, Cojasca Commune, Dambovita County
Achievement of smart distribution network in a homogeneous area of consumers from Tiglina 1,
Tiglina 2, Tiglina 3 - Micro 16, Tiglina 4 neighbourhoods in Galati Municipality, Galati County
Voltage level improvement in localities Baldana, Tartasesti, Gulia, Commune Tartasesti, Dambovita
County
Implementation of an integrated resource planning system - Workforce Management (WFM)
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, easurement.
Modernization and integration in SCADA of 110/20 kV Potlogi Substation
Network modernization in Lunca Pripor village, Buzau County
Modernization and integration in SCADA of 110/20 kV Zatna Substation, Braila County
Modernization and integration in SCADA of 110/20/6 kV Buzau Est Substation
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
Improving technical conditions of supply and the voltage level for consumers in Fulga Commune,
Prahova County
Modernization and consolidation of the hardware infrastructure and software of the SAP system
[SAP-DEER] 2022_batch1 - OBJECT 2+OBJECT 1
Voltage level improvement for consumers in Odobesti Commune, Dambovita County, localities:
Ziduri, Crovu, Brancoveanu and Miulesti
Network switchover from 6 kV to20 kV, Floresti locality
Modernization of 20/6 kV Ploiesti Vest Substation, integration in SCADA system and grounding
compensation with BSRC (adjustable arc suppression coil), Prahova County
Network modernization in Tataru and Maicanesti localities, Maicanesti Commune, Vrancea County
Modernization of the 110 kV Substations: Filesti, SNG, Tecuci, Ionasesti - replacement of 110/6kV
power transformers - 4 pcs
Modernization of OHL 20kV by replacing insulation and conductors (OHL 20kV Urleasca - SR
Ramnicelu, OHL 20kV Lacu Sarat - SRPD 1-4, OHL 20kV Romanu - T. Vladimirescu and OHL 20 kV
Gropeni - Tichilesti)
Modernization of network and connections Homocea, Vrancea County
Voltage level improvement and modernization of LV OHL and connections for consumers from the
area of PTA 3038 & PTA 3128 Varnita area, Prahova County
7.78
7.10
7.08
7.07
5.55
4.68
4.21
4.00
3.79
3.70
3.69
3.38
3.36
3.15
3.12
3.10
3.00
2.95
2.86
2023 DIRECTORS’ REPORTAPPENDIX 2 – MAIN INVESTMENTS DURING 20232023 DIRECTORS’ REPORTELECTRICA S.AAPPENDIX 2 – MAIN INVESTMENTS DURING 2023ELECTRICA S.A2023 ANNUAL REPORT2023 ANNUAL REPORT
276
277
DESCRIPTION
Value
(RON mn.)
DESCRIPTION
Value
(RON mn.)
Improving technical conditions of supply for consumers in Rizanesti area, Valenii de Munte City
Improving technical conditions of supply and the voltage level for consumers supplied with
electricity from PTA 3023 Palanca, Palanca village, Rafov Commune, Prahova County
Replacement of neutral point treatment in 110/20 kV Vanatori and Liesti Substations
Network modernization in area of PTA 5776 no.1 and PTA 5778 CIA, Sendreni locality, Galati County
Voltage level improvement & modernization of secondary substations (PT) and OHL in PTA 1104
Ciorani+PTA 1067 Cioranii de Jos area, Ciorani Commune, Prahova County
Modernization of the 110 kV Hipodrom Substation, replacement of power transformers Trafo 1
(110/20/6kV) & Trafo 2 (110/6kV)
Modernization of 0.4kV OHL and consumer connections from the Movila Miresii locality
Modernization of 0.4 kV distribution network in Zidari neighbourhood, RM Sarat Municipality, Buzau
County
Modernization of secondary substations fed from UGC 20kV Blocks 1, Blocks 2, IPL, Trainica 1, Trainica
2, Pucioasa city, Dambovita County
Modernization of Plopeni 20/6 kV Subtation; mounting neutral point treatment 6 kV
Modernization of the 20/6kV Grup Scolar Sinaia Substation
Achievement of technical conditions for coexistence with the existing electrical networks necessary
to obtain the site approval for the Galati ring-road, between Braimii lei street (DN25) and Calea
Prutului Street (E87), Galati Municipality
Voltage level improvement for users in PT 6156, 6061, 6060,6129.6222,6062 area Racari locality,
Dambovita County
Increasing the power supply reliability of 20 kV OHL Zahar II and 20 kV Tartasesti Derivation, 110/20
kV Mavrodin Substation
SDEE Ploiesti network modernization, for blocks of flats in Ploiesti Nord neighbourhood, Prahova
County - STAGE II
Modernization of 0.4 kV distribution network in Munteni locality, the areas supplied by PTA1,
PTA2, PTA3 Munteni, Galati County
Modernization of network and connections Sihlea locality, Sihlea Commune, Vrancea County
TRANSILVANIA SUD
Modernization of 0.4 kW network in Hipodrom 1,2,3 area, Sibiu Municipality, Sibiu County
Modernization of the 20 kV UGC in the area of the 220/110/20 kV Alba Iulia Substation, Alba Iulia
Municipality, Alba County
Modernization of 20 kV network in the area of Bulevardul Revolutiei 1989, Alba Iulia
Municipality, Alba County
Modernization of 20 kV network in the area of Piata Iuliu Maniu, Alba Iulia Municipality, Alba
County
Modernization of 20 kV network in Lipoveni neighbourhood, Alba Iulia Municipality, Alba County
2.81
2.76
2.75
2.59
2.49
2.48
2.46
2.19
2.13
2.10
2.00
1.85
1.84
1.79
1.76
1.69
1.50
4.06
4.12
4.79
3.24
3.43
Modernization of 20 kV network in Lipoveni neighbourhood, Alba Iulia Municipality, Alba County
Back-up supply of 20 kV busbars - Sanpaul Substation, Mures County
Modernization of internal services of (AC) and (DC) in the Substations managed by SDEE TS –
Substations Cugir, Teius, Lupsa, Sebes
Modernization of internal services of (AC) and (DC) in the Substations managed by SDEE TS –
Substations Sf. Gheorghe, Campu Frumos, Covasna, Capeni
Modernization of internal services of (AC) and (DC) in the Substations managed by SDEE TS –
Substations Cic, Tarnaveni, Mureseni, Reghin, Raciu
Modernization of LV OHL and connection, Hodac locality, Mures County
Modernization of 0.4 kV network and connections streets Budiului, Bega (partial) &
Mestecanisului (partial), Targu Mures City, Mures County
Modernization of 0.4 kV network in Dealu Frumos village, Merghindeal Commune, Sibiu County
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
Implementation of an integrated resource planning system - Workforce Management
Modernization of distribution network, Bran locality- Stage 2, PT4 area, Brasov County
Modernization of distribution network, Bran locality- Stage 2, PT4 area, Brasov County
Increasing the power supply reliability for 20 kV OHL Prejmer-Ozun, Covasna County
Increasing the power supply reliability for 20 kV OHL Bixad locality, Covasna County
Modernization of 20/0.4 kV secondary Substations, Ludus city, Mures County
Modernization of the 20 kV UGC in the area COR MV-LV Tg Mures, by replacing the 20 kV cables on
the Bulevard and Tudor 4 -Platou Cornesti lines, Tg Mures Municipality, Mures County
Modernization of internal services of (AC) and (DC in the Substations managed by SDEE TS –
Substations St. Bartolomeu, Ghimbav, Harman, Hoghiz, Prejmer
Modernization of internal services of (AC) and (DC) in the Substations managed by SDEE TS –
Substations Aeroport, Aurel Vlaicu, Cartisoara, Orlat, Dumbrava
Decentralization of MV OHL, LV OHL conductor replacement, modernization of connections, Daisoara
locality, Brasov County
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
Modernization of 0.4 kV network in Dumbraveni locality, Sibiu County
Modernization of 0.4 kV network in Richis village, Biertan Commune, Sibiu County
Modernization of 0.4 kV network in Mosna Commune, Sibiu County
Modernization of 0.4 kV network in Merghindeal Commune, Sibiu County
5.38
3.79
2.60
1.65
1.73
2.47
1.73
2.21
2.06
2.20
4.28
2.68
3.96
3.42
5.83
2.03
1.59
1.59
2.83
2.18
10.00
2.29
4.00
1.94
2023 DIRECTORS’ REPORTAPPENDIX 2 – MAIN INVESTMENTS DURING 20232023 DIRECTORS’ REPORTELECTRICA S.AAPPENDIX 2 – MAIN INVESTMENTS DURING 2023ELECTRICA S.A2023 ANNUAL REPORT2023 ANNUAL REPORT
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279
DESCRIPTION
Value
(RON mn.)
DESCRIPTION
Value
(RON mn.)
Voltage level improvement and modernization of LV OHL, Carpinis locality, Garbova Commune, Alba
County
Modernization of 0.4 kV network and securing connections, Dumbrava Rosie str., Miraslau, Rovine,
Valea Alba, loc. Brasov, Brasov County
Increasing the power supply reliability and modernization of 20 kV, 0.4 kV UGC, Racadau, Brasov
County
Voltage level improvement and network modernization in the area of PT5 Bod & PT1 Bod, Commune
Bod, Brasov County
Modernization of LV network in Odorheiu Secuiesc locality, Rakoczi Ferencz street, Harghita County
Voltage level improvement and modernization of 0.4 kV OHL and connections, Cetatuia locality,
Harghita County
Modernization of 0.4 kV network and connections, Cuza Voda, Tusnad and Cardinal Iuliu Hossu
streets, Targu Mures Municipality, Mures CountyMures, jud. Mures
Voltage level improvement and modernization of 0.4 kV OHL and connections, Batos locality, Mures
County
Voltage level improvement and modernization of MV & LV network in Miercurea Sibiului area, Sibiu
County
Network extension in Alba Iulia city, streets: Viadana, Mogos, Sadu and Apuseni, Alba County
Network extension in Vama Buzaului village, Dalghias point, Brasov County
Increasing the capacity of 20 kV network in Drumul Poienii – Schei area, Brasov city, Brasov County
Reinforcement works -power increasing, Campu Frumos Industrial Park, Covasna County
Site release works for the achievement of the objective “Rehabilitation of the infrastructure of the
major urban public transport network in the Municipality of Alba Iulia - Batch 1
Site release works for the achievement of the objective “Rehabilitation of the infrastructure of the
major urban public transport network in the Municipality of Alba Iulia - Batch 2
Modernization of LV network by switchover from 0.4 kV OHL to 0.4 kV UGC, connections
modernization and securing in streets Fabricii, Tigaretei, Tutunului and Salciilor, Sf. Gheorghe
Municipality, Covasna County
Release of site for Modernization DJ106B:A1 Ocna Sibiului Loamnes-Sorostin-Tapu
TRANSILVANIA NORD
Security Operations Center (SOC) implementation and standardization of Security Technologies
used
Modernization of switching equipment related to MV OHL for the Cluj-Napoca Distribution Branch,
Cluj County
Modernization of pole mounted substations, SDEE TN- Distribution Branch Cluj Napoca, Cluj County,
Vol2 - area of network operation center Gherla
Modernization of MV OHL Juc Geaca between R Gadalin and R Geaca
1.98
2.59
6.36
8.21
2.36
2.45
3.14
1.69
4.60
2.82
1.85
4.55
1.95
2.05
2.42
1.54
1.93
1.62
2.84
1.56
3.00
Modernization of Substations PTz CT1, PTz CT8 and UGC 20 kV between PTz CT1, PTZ CT8, Dej city, Cluj
County
Network modernization in Cluj-Napoca Municipality, Mihail Kogalniceanu Street and adjacent
streets area, Cluj County,
Modernization of the existing MV &LV UGC a on streets Dragalina and Mamaia in Cluj-Napoca
Municipality
Closure of the 20 kV loop between Jucu-Valcele and Jucu Geaca, construction of PTAb 20/0.4 kV -
250 kVA and power injection in Caian Vama
Increasing reliability of power supply in Floresti town, Cluj County – Vol. 5 Modernization of the
Distributor Abator and construction of Distributors Cimitir & Poligon
Systematization of distributor exits from the 110/20/10 KV Campului Substation and modernization
of distributors Manastur 9, Manastur 10 and UAC Cartier Manstur, Cluj-Napoca Municipality, Cluj
County
Network modernization on B-dul 1 Decembrie 1918, Cluj-Napoca Municipality, Cluj County - Stage 1-
The section between PTAB Hotel Napoca and G. Muzicescu street
Modernization of pole mounted secondary Substations - Oradea Branch
Network modernization in Sacadat locality
Modernization of LV OHL and power injection in Serghis locality, Bihor County
Increasing the power supply reliability in Stana de Vale, Coada Lacului area
Modernization of MV UGC in the area Nufarul and Rogerius Neighbourhoods, Oradea
Construction of UGC between OHL 20 kV vadu Crisului – Bauxita Cornet and Suncuius-Recea to
increase power supply reliability
Improvement of the electricity distribution service in 110/20kV CET 2 Oradea Substation
Construction of MV UGC to increase power supply reliability in Matei Corvin area, Oradea
Municipality, Bihor County
Power injection in Lorau locality, Bihor County
Modernization of LV OHL, branches reconstruction - PTA2, Sinteu locality, Bihor County
Modernization of 20 KV OHL Salonta-Avicola Cefa, Bihor County
Switchover to 20kV the metal cabin secondary substations in Baia Mare locality -20 pcs
Modernization of LV networks, Baia Mare town, historical center area, stage 2
Installation of photovoltaic panel systems to cover the electricity own consumption of the
administrative offices and Substations in Maramures County, belonging to DEER SA - Baia Mare
Branch
Modernization and switchover to 20 kV of PTZ 7 and PTA 64, Sighetu Marmatiei, Maramures County
Extension of public distribution network in Grosii Tiblesului, Valea Tiblesului (Bradului) area,
Maramures County
Modernization of OHL 20 KV Craidorolt, Satu Mare County
1.28
2.67
2.05
1.62
3.55
2.59
1.28
1.27
1.60
1.50
2.13
1.51
1.76
3.48
6.90
1.86
1.85
5.26
4.87
3.81
1.40
2.83
1.29
1.81
2023 DIRECTORS’ REPORTAPPENDIX 2 – MAIN INVESTMENTS DURING 20232023 DIRECTORS’ REPORTELECTRICA S.AAPPENDIX 2 – MAIN INVESTMENTS DURING 2023ELECTRICA S.A2023 ANNUAL REPORT2023 ANNUAL REPORT
280
281
DESCRIPTION
Value
(RON mn.)
Appendix 3 – Applicable regulatory framework
Increasing power supply reliability of OHL 20 kV Halmeu- feeder Turt, Satu Mare County
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 locality, Bistrita Nasaud County
Secondary substation modernizaton and power transformers replacement in Bistrita Branch, Bistita
Nasaud County
Modernization and relocation of pole mounted transformer 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
Modernization MV OHL Axis Lechinta Teaca, BN
Power injection Zalau, Ortelec - Cimitirului str., Salaj County
Modernization of 0.4 kV OHL Faget
Source: Electrica
3.62
1.50
1.32
2.43
2.00
1.40
1.52
A.3.1 - Applicable legal framework compared to 2023 vs 2022:
A.3.1.1 Distribution activity
2022
2023
Distribution activity
Distribution activity
ANRE has issued documents for the regulatory framework
that requires additional efforts from distribution operators
in order to comply with the new requirements:
ANRE has issued documents for the regulatory framework
that requires additional efforts from distribution operators
in order to comply with the new requirements:
Regulations regarding tariffs:
Regulations regarding tariffs:
• The distribution rates approved for the year 2022 were
approved by ANRE Order no. 119/24 November 2021, the
regional average tariffs for DEER having the following
increases compared to the tariffs of 2021: MN +8.1%; TN
+10.4%; TS +7.4% - in force from 1 January 2022
• As a result of GEO 27/2022, the distribution tariffs for the
year 2022 were modified starting on 1 April 2022 to cover
the additional costs related to the NL from the year
2021. By ANRE Order no. 28/23 March 2022, the regional
average tariffs for DEER were approved, with the
following increases compared to the tariffs of 2021: MN
+24%; TN +17%; TS +20%. This tariff increase will allow the
recovery of the amount of RON 363 mn. (RON 353 mn.
recognized 2021 NL loss to which inflation was applied)
representing the difference between the effective
average purchase cost of energy for own technological
consumption (NL) and the ex-ante price established
by ANRE related to the year 2021 in the period 1 April
2022-31 December 2022, which will favorably impact
the net result related to the distribution segment in the
remaining period of 2022.
• ANRE decision no. 610/2022 regarding the approval of
the model for the publication of costs regarding the
operation, maintenance and development of electric
transmission and distribution networks - in force from
1 May 2022.
OD will publish quarterly on their own internet
webpages, both the realized and the budgeted costs.
• The distribution rates approved starting with 1st of
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 1st of
April 2022: MN +26.1%, TN +21.5%, TS +10.9%; - effective
from 1st of April 2023.
• The specific tariffs applicable starting from 1st of 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
January 17, 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 January 24, 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
• the specific risks to which offshore networks for
energy from renewable sources are exposed
2023 DIRECTORS’ REPORTAPPENDIX 3 – APPLICABLE REGULATORY FRAMEWORKELECTRICA S.A2023 ANNUAL REPORT2023 DIRECTORS’ REPORTAPPENDIX 2 – MAIN INVESTMENTS DURING 2023ELECTRICA S.A2023 ANNUAL REPORT282
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2023
• ANRE order no. 129/2022 for the approval of the
Methodological Norms for the recognition in tariffs
of additional costs with the purchase of electricity to
cover own technological consumption compared to
the costs included in the regulated tariffs - in force
from 19 October 2022
• ANRE order no. 67/2023 approving the tariff for the
purchase of system services for the transport and
system operator Compania Nationala de Transport
al Energei Electrice „Transelectrica” - S.A. - effective
from June 1, 2023
Decrease compared to January 1, 2023 tariffs by 14.1%
• the quarterly capitalization of the additional costs
with NL compared to the costs included in the
regulated tariffs,
• the capital costs related to the year 2022 are
recognized in a distinct component related to the
additional cost with NL applicable starting on 1 April
2023, outside the 7% limitations imposed for tariff
increases.
• the recognized NL price for 2022 will be equal to the
reference price calculated as an average among
network operators, increased by 5%
• the additional cost with NL capitalized in 2023 will be
included in the separate NL component applicable in
the year 2024
• MF order no. 3900/2022 regarding the approval of
the Accounting Specifications in application of the
provisions of art. III of the Government Emergency
Ordinance no. 119/2022 - in force from 20 October 2022
Capitalized amounts are recorded in accounting
through accounting item 208 „Other intangible assets”/
distinct analytical account = 721 „Income from the
production of intangible assets”, as follows:
• on 30 September 2022, for the amounts
corresponding to the period 1 January 2022 – 30
September 2022;
• on 31 December 2022, for the amounts
corresponding to the period 1 October 2022 – 31
December 2022;
• on 31 March 2023, for the amounts corresponding
to the period 1 January 2023 – 31 March 2023;
• on 30 June 2023, for the amounts corresponding
to the period 1 April 2023 – 30 June 2023;
• on 31 August 2023, for the amounts corresponding
to the period 1 July 2023 – 31 August 2023;
• The amortization of the amounts corresponding to
the recognized assets is recorded in the accounting
starting with the 1st of the month following each of
the periods.
• Draft Decision on the approval of the principles for
establishing binomial tariffs for the distribution
service provided by concessionary electricity
distribution operators - public consultation
• ODCs have the obligation:
• to simulate the application of binomial tariffs for
the period 1 January 2022 - 31 December 2022;
• to publish on its own websites, within 60 days,
information regarding the implementation project
of binomial tariffs from 01.01.2024;
• 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 July 10, 2023
• The changes take into account the definition of the
year 2024 as a transition period 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 on total DEER.
• 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 4.6% (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
• ANRE Order no. 82/2023 regarding the modification
and completion of ANRE orders - effective from August
15, 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.
• to notify consumers in order to declare/update
the contracted power and inform them about the
operator maintaining the power at the approved
level for a limited period of three years, if it is not
used;
• to make available to network users and their
suppliers, upon request, the data necessary for the
calculation of the bill based on the binomial rate,
for the entire period of the simulation.
• to ensure the adaptation of IT systems to the new
pricing system by 31.12.2023;
• the monitoring data of the simulation of the
application of the binomial tariff for the electricity
distribution service are transmitted to ANRE by the
ODC until 15 February 2023.
• the amount of NL related to the additional transit
of electricity from the 110 kV electrical networks,
determined according to ANRE regulations, is
taken 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.
• ANRE Order no. 104/2023 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 – effective
from December 1, 2023
• Introduction of provisions regarding the method of
determining additional costs with NL for the period
September 1, 2023 – March 31, 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 April 1, 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 April 1, 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)
• recalculation of capital costs as a result of the
adjustment of additional capitalized costs due to:
a) the final closing of each year (differences
resulting from the recalculation of additional
capitalized costs due to differences resulting
from NL quantity or price);
b) the differences between the inflations used to
determine the capital costs included annually
in the component and the actually realized
inflations (adjustment of depreciation and
profitability as a result of the use of forecasted
inflation rates different from those actually
realized, which are carried out in the year
following the publication of the inflations
realized by to the competent institutions).
2023 DIRECTORS’ REPORTAPPENDIX 3 – APPLICABLE REGULATORY FRAMEWORK2023 DIRECTORS’ REPORTELECTRICA S.AAPPENDIX 3 – APPLICABLE REGULATORY FRAMEWORKELECTRICA S.A2023 ANNUAL REPORT2023 ANNUAL REPORT284
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2022
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2022
2023
c) the inflation correction related to NL costs
included in the regulated tariffs according to
the Methodology for setting tariffs, which leads
to the adjustment of the capitalized NL value).
• The differences in capital costs mentioned in points
a), b) and c above will be included in the related
component of the additional costs with NL from the
tariffs of the following year(s).
• Completing/amending some existing provisions
regarding:
• the transmission by October 31 of each year of the
values achieved for the first 3 quarters of each
yeathe transmission of the annual values of the
current year, broken down by quarters, until the
deadline of February 15 of the following year
• ANRE transmits to TSO/DSO the recognized annual
values of capitalized costs for the previous year
until March 15 of the year following the year of
capitalization of additional costs.
• the method of recognizing capital costs so
that they are applicable for the entire period
September 1, 2023 - March 31, 2025.
• ANRE order no. 109/2023 approving 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 reactive electricity , practiced by the National
Electric Energy Transport Company “Transelectrica”
- S.A. and ANRE Order no. 116/2023 approving the
tariff for the purchase of system services for the
transport and system operator Compania Nationala
de Transport al Energei Electrice “Transelectrica” - S.A
- effective from January 1, 2024
With the following deviations compared to the tariffs
from April 1, 2023: T_L: 1%. T_G: -5.4%, respectively
compared to June 1, 2023: T_S +38.1%
• The electricity distribution service tariffs for the year
2024 were approved by ANRE Order no. 115/2023, the
average tariffs for DEER having the following increases
compared to the tariffs from April 1, 2023:: MN +7.6%,
TN +5.8%, TS +6.9%; - effective from January 1, 2024.
• MF Order no. 5378/2023 regarding the approval of
some accounting clarifications in application of the
provisions of art. III paragraph (1) from Government
Emergency Ordinance no. 119/2022 for the amendment
and completion of the Government Emergency
Ordinance no. 27/2022 regarding the measures
applicable to final customers in the electricity and
natural gas market in the period April 1, 2022-March 31,
2023, as well as for the modification and completion of
some normative acts in the field of energy - effective
from December 20, 2023.
• Correlation of the period of application of GEO
27/2022: Amounts capitalized according to art.
III paragraph (1) from GEO no. 119/2022 for the
amendment and completion of the GEO no.
27/2022 regarding the measures applicable to final
customers in the electricity and natural gas market
during the period April 1, 2022-March 31, 2023, as
well as for the modification and completion of some
normative acts in the field of energy, with subsequent
additions, are recorded in the accounting through
the accounting article 208 «Other intangible assets»/
distinct analytical = 721 «Income from the production
of intangible assets», as follows:
f) on December 31, 2023, for the amounts
corresponding to the period September 1,
2023-December 31, 2023;
g) quarterly, on the last day of each quarter, for
the corresponding amounts, during the period
January 1, 2024-March 31, 2025.
Investment Procedure
Investment Procedure
• ANRE order no. 98/2022 - for the approval of the
• ANRE Order no. 1/2023 for the modification and
Procedure regarding the substantiation and approval
of the development and investment plans of the
transport and system operator and of the electricity
distribution operators - in force from 12 July 2022
• The elaboration of the 10-year development plans
of the investment plans for the period or annually is
carried out on the basis of an internal OR procedure.
The 2023-2033 plan is submitted to ANRE until 1 July
2023. The 10-year development plan considers:
• analyses regarding the evolution of production
and consumption, evaluation of the need for
vehicle recharging points, of the dispatchable
consumption potential in the area;
• studies regarding the digitization and integration
of flexibility services required in RED in the
medium and long term;
• analysis of the measures and programs intended
to ensure the cyber security of IT systems;
and includes:
• estimated values regarding the impact of delays
or non-realization of the investments contained in
the previous edition of the development plan;
• the stage of implementation of the new
obligations regarding network digitization,
flexibility services, integration of dispatchable
consumption and distributed production from
renewable sources;
• presentation and argumentation of the way
of correlation and compliance of the Plan with
the medium and long-term Energy Strategy of
Romania and with the National Plan regarding
energy and climate Regulation (EU) 2018/1999;
completion of some orders of the ANRE - effective from
January 17, 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 February 13,
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 for
control 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;
2023 DIRECTORS’ REPORTAPPENDIX 3 – APPLICABLE REGULATORY FRAMEWORK2023 DIRECTORS’ REPORTELECTRICA S.AAPPENDIX 3 – APPLICABLE REGULATORY FRAMEWORKELECTRICA S.A2023 ANNUAL REPORT2023 ANNUAL REPORT286
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• The benefits pursued, in total and by voltage levels,
will reduce the approved costs for each year of the
regulatory period and for the entire period, according
to the Tariff Methodology;
• In the situation where the OR does not own or
partially owns motor vehicles, the DSO has the
right to request from ANRE the agreement for the
establishment in the reference year of a regulatory
period;
a) The value of the investment plan from own
sources must be equal to the minimum forecasted
depreciation for the period, and not annually.
• the inclusion of electricity storage facilities in the
category of necessary investments;
• the possibility for DO to own storage facilities, by
way of 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, with a view to recognition by ANRE (Annex
no. 8).
• ANRE 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 July 20, 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 January 31 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 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.
• Draft Order for the approval of the Procedure
regarding the approval of the investments of the
transport and system operator and the distribution
operators, which consist of electricity production
installations from renewable energy sources located
in their own electrical transformation stations - public
debate
• For the ANRE to approve an installation for the
production of electricity from renewable sources in
the premises of an own electrical transformation
station, the following conditions must be met:
• the electricity produced is consumed exclusively
to supply the own consumption of the power
station where the installation is located;
• TSO/DSO includes technical measures for
managing the energy produced, so that it cannot
be discharged into the public network.
• The ex-ante presentation of the cost-benefit analysis
is required, as well as the analysis, every year after
PIF, of the level of benefits achieved in relation to
the costs included in the network tariffs. In the event
that the realized benefits are lower than the realized
capital and operational costs, the profitability related
to the investment, recognized for the respective
year, is reduced accordingly, so that the capital and
operational costs related to the investment do not
exceed the realized benefits.
b) The approved investments are included in the
investment plan of the TSO/DSO in the endowment
category, derogation for the investments made
in 2023 and approved are considered additional
investments to the investment plan for the year 2023,
in the endowment category and are reported until May
31, 2024 in a table dedicated to this type of investment.
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Licenses and authorizations
Licenses and authorizations
Smart metering regulations (SM):
Smart metering regulations (SM):
• ANRE order no. 24/2022 regarding the amendment
of the Regulation for granting licenses and
authorizations in the electricity sector, approved
by ANRE Order no. 12/2015 – in force starting from 25
March 2022
• the removal of the legal ban on issuing a single
license to the electricity market operator on the
electricity market in Romania;
• ANRE Decision no. 491/30.03.2022 regarding the
granting of the License to the market operator of the
Romanian Commodity Exchange (BRM) was published.
• Draft order regarding the approval of the Regulation
for the granting of licenses and authorizations in the
electricity sector - public consultation - phase II
• renaming the types of licenses granted by ANRE, in
accordance with the provisions of art. 10 para. (2)
from the Energy Law;
• taking over within the regulation of all exceptional
situations provided by law in which it is allowed to
provide some services and activities in the field of
electricity without the license issued by ANRE, in
accordance with the provisions of art. 10 para. (4^2),
para. (5), para. (6) and para. (6^2) from the Energy
Law;
b) the explicit specification of the situation regarding
modification of the license for the commercial
exploitation of the energy capacities by including in
its contents some energy capacities over which the
applicant can have a provisional exploitation right,
until the date when the license holder obtains the
definitive exploitation right, in the case of the transfer
of the right of ownership/use of the respective energy
capacities.
• 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 May 1, 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;
• ANRE decision no. 1315/2022 amending the calendar
for the implementation of smart electricity metering
systems at the national level for the period 2019-2028
approved by ANRE decision no. 778/2019 – effective
from 3 August 2022
ODCs have the obligation that within a maximum of 18
months from the approval of the decision::
• to update the cost-benefit analyzes for the
implementation of intelligent electricity metering
systems, taking into account the changes from the
new European legislative package transposed into
national legislation with an impact on the structure
and level of costs and benefits involved in the
process;
• to re-evaluate the degree of implementation of the
smart electricity metering systems in the concession
areas and to submit to ANRE, if necessary, proposals
to modify the implementation calendar of the smart
electricity metering systems for the concession area,
correlated with the results of cost-benefit analyses.
• 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 April 1, 2023
Provisions regarding the SMI 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 SM 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 SMI in
case the connection to the communication system is
interrupted;
• for final customers who have meters integrated in SM,
regularization invoices are not issued.
Technical regulations
a) Network connection
Technical regulations
a) Network connection
• ANRE issued orders for connection in order to
• ANRE Order no. 4/2023 for the modification and
• it is proposed to facilitate obtaining the qualification
harmonize with the provisions of GEO no. 143/2021:
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.
• ANRE Order no. 95/2023 regarding the modification
of the General Conditions associated with the license
for aggregation activity, approved by ANRE Order no.
196/2020 – effective from October 25, 2023
Updating definitions:
• aggregate entity - entity resulting from the voluntary
aggregation of electricity producers and/or final
customers (consumers) of electricity and/or owners
of electricity storage facilities, which manages a UA;
• aggregate unit - the portfolio of places of production
(UC) and/or consumption (CC) and/or storage
facilities (ISC) managed by an EA, which meets
the condition that the sum of the maximum
simultaneous electrical powers approved to be
absorbed/ debited (registered in the ATR/ the related
UC/CC/ISC connection certificates) to be at least
1 MW and the condition that there is the technical
ability to respond to the dispatcher’s instructions
(the ability of the UA and its components to be
controllable).
i. domestic connection - In the case of domestic
customers, upon commissioning of the completed
connection works, DSO will reimburse the applicant
the effective value of the design and execution of the
connection, up to an average value of a connection,
established according to a methodology approved
by ANRE. The assets resulting from the connection
works become the property of the distribution
operator from the moment of commissioning, at
the amount reimbursed to the household customer,
being recognized by ANRE as part of the regulated
assets base.
ii. non-domestic connection - In the case of non-
domestic customers, the cost of the connection
works, including those for the design of the
connection/connection, is fully borne by the
customers. The assets resulting from the connection
works enter the DSO heritage from the moment of
commissioning, without being recognized by ANRE as
part of the regulated assets base.
iii. Issued orders:
• ANRE order no. 17/02.03.2022 - Order for the
amendment and completion of the Regulation
regarding the connection of users to the public
interest electrical networks, approved by ANRE
Order no. 59/2013 in force starting from 4 March,
2022
completion of ANRE orders in the field of connection to
the public interest electric network of users - effective
from February 3, 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:
• Connection Regulation
• The procedure regarding the connection to LV
networks of household customers - ANRE Order no.
18/2022
• Connection framework contracts - ANRE Order no.
105/2022
• 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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• ANRE Order no. 18/02.03. 2022 - Order approving
the Procedure for the connection to low-voltage
public interest electricity networks of consumption
sites belonging to domestic customers - in force
from 7 March 2022 - repeals ANRE Order no. 17/2021
domestic customers - in force from 7 March 2022
- repeals ANRE Order no. 17/2021
• ANRE Order no. 21/09.03.2022 - Order amending
and supplementing the Methodology for
establishing the tariffs for the connection of
users to the electricity networks of public interest,
approved by ANRE Order no. 11/2014 - in force since
11 March 2022
• 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 March 13, 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
• ANRE Order no. 22/09.03.2022 - Order amending
• clarifications were made regarding the use of the
and supplementing ANRE Order no. 141/2014
approving the specific tariffs and specific indices
used to set the tariffs for connecting users to the
public interest electricity grids - in force since 11
March 2022
• ANRE Order no. 23/09.03.2022 - Order on the
approval of the average values used by the
distribution operator for the reimbursement to
household customers of the cost of design and
execution works of a connection - in force since 11
March 2022
• ANRE Order no. 63/2022 amending ANRE Order no.
95/2018 on the approval of mandatory clauses in
contracts for the provision of services in order to carry
out connection works to electricity networks of public
interest - in force since 31 March 2022
• clarification of the applicability of the Binding
Clauses in conjunction with the amendment of
Art. 44, para. (4) of the Connection Regulation,
introduced by ANRE Order no. 160/2020. It introduces
the possibility for the approved economic operator
to constitute a guarantee of good performance of
the contract in favour of the RO, through a guarantee
instrument issued by non-banking financial
institutions.
• contracts for the provision of services for the
execution of connection works to the electricity
grids of public interest concluded before the date of
entry into force of the Order shall be updated by the
conclusion by the parties of an additional act within
30 days from the date of entry into force of the Order.
• ANRE Order no. 137/2021 Order for the approval of
the Procedure for the determination of the available
capacity in the electricity networks for the connection
of new electricity generation facilities - in force since 1
March 2022:
• rules for determining the available capacity in RET/
RED at 110 kV voltage level;
• rules for publication of data on available capacities;
• deadlines and periodicity of publication of data on
available capacities by grid operators: monthly from
1 April 2022; bi-monthly from 1 July 2022.
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
April 4, 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:
• 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.
• 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
April 21, 2023
• ANRE Order for the purpose of harmonization with the
provisions of the ANRE regulatory framework in which
the legislative amendments of GEO no. 143/2021 were
transposed, namely with the provisions of ANRE Orders
no. 17/2022, no. 18/2022 and no. 19/2022.
• 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
• ANRE Order no. 82/2022 - amending and
supplementing ANRE Order no. 74/2014 approving
the framework content of the technical connection
permits - in force from 20 June 2022;
• ANRE Order no. 83/2022 - modification and
completion of ANRE Order no. 5/2014 for the approval
of the framework content of the connection
certificates - in force from 20 June 2022;
• ANRE Order no. 105/2022 approving the framework
contracts for connection to the electricity networks of
public interest - will repeal ANRE Order no. 164/2020 -
in force from 5 August 2022.
• ANRE Order no. 81/2022 - Order amending and
supplementing the Regulation on the connection of
users to the electricity networks of public interest,
approved by ANRE Order no. 59/2013 - in force from 17
June 2022
• requires the OR to complete the value of the costs
of carrying out the general reinforcement works
and the method of payment to the first user and the
other users respectively, in the connection contract it
concludes with the new user;
• introduction of the possibility for the OR to conclude
a contract for the design and/or execution of
reinforcement works for the creation of the technical
conditions necessary for the connection of several
consumption and/or production sites, with a specific
certified designer and/or constructor chosen by the
user;
• the responsibility of the RO/economic operator
to obtain the agreement/authorisation for the
execution of the connection installation, in the case
of the direct conclusion between the user and the
approved economic operator designated by the user
of the contract for the design and/or execution of the
connection installation as such:
• for the connection installation which will be owned
by the user, the document shall be obtained by
the user or, where appropriate, by the designated
approved economic operator;
• for the connection facility which will become
the property of the RO, the document shall be
obtained by the OR.
• ANRE Order no. 103/2022 for the approval of the
Procedure for the connection to the electricity grids
of public interest of recharging points for electric
vehicles - in force from 4 August 2022
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 May 31, 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 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, within one month from the
notification, the installation or the aggregate
production unit can be connected”, the period
between the date of the notification regarding
the installation of generating units at a place of
consumption/consumption and production or the.
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• the connection of a new consumption site, consisting
of one or more recharging points for electric vehicles;
• connection of a new consumption/consumption and
production site with electric vehicle charging points,
with/without storage facilities;
• installation of one or more electric vehicle charging
points at an existing consumption site/site of
consumption and production with/without storage
facilities.
• applies in conjunction with the provisions of the
Connection Regulation, the Domestic Connection
Procedure and the Prosumer Connection Procedure
in force.
• establishes, for certain stages or actions in the
connection process, shorter deadlines, similar to
those provided for the connection of prosumers.
• when installing one or more recharging points for
electric vehicles at an existing point of consumption,
without exceeding the approved power, the existing
ATR/CfR is not updated, and no additional work is
carried out in the existing electrical installations
upstream of the boundary point.
• the obligation of the SB to draw up its own
procedures, within 30 days of publication in
the Official Gazette, for the organisation of the
connection activity for the categories of users
to whom the document is addressed and to
make available to interested parties all relevant
information on the connection process.
• Order no. 133/2022 amending and supplementing
some orders of ANRE in the field of connection to the
electricity grid of public interest users - in force since
21 October 2022
• Connection Regulation: (i) deletion of the provision
that connection facilities financed by non-household
final customers become part of the DO’s assets
at the time of commissioning; (ii) addition of the
definition of prosumer
• ATR framework content: (i) deletion of the provision
according to which connection facilities financed by
non-household customers enter into the ownership
of the TO at the time of commissioning; (ii) addition
of the categories of users connected to the LV to
whom the TO reimburses the costs of the design and
execution of the connection up to an average value
• Domestic connection procedure: (i) the categories
of users connected to the LV to which the procedure
applies must be completed and included in the
contracting parties provided for in the framework
contracts; (ii) the documents required for the
conclusion of the connection contract must include
the certificate issued to the user by the trade register
no later than 30 days before the date of submission
of the certificate, in the case of users other than
domestic customers;
connection of demonstration projects and the
date of putting under voltage is a maximum of 1
month
• ANRE order no. 108/2023 for the modification of the
annex to the Procedure regarding the determination
of the available capacity in the electrical networks
for the connection of new electricity production
installations, approved by ANR Order no. 137/2021 and
regarding the repeal of ANRE Order no. 4/2011 for the
approval of the Procedure regarding the appointment
of a license holder to take over the development of
the electricity distribution service - effective from
December 21, 2023
• amendment of Order 137/2021 - starting with January
1, 2024, the TSO will publish on the website the
data related to the capacities available in electric
transport network and electrical distribution network
at the voltage level 110kV monthly instead of weekly
• abrogation of Order 4/2011 considering the provisions
of art. 46 para. (2) and (2^2) of the Energy Law, the
substitute DO of the initial provider of the distribution
service for situations such as the impossibility of
performing the service or the sale of the electricity
distribution network is established/identified by the
legislator
• 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 debate
• addition to the list of situations in which the
connection solution is established by the solution
sheet:
• 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 of no more than 400 kW per place
of consumption;
• 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,
(iii) the connection contract must include the
average value of the connection, excluding VAT;
(iv) inclusion of the obligation for the user or
the approved economic operator designated to
design and execute the connection to obtain the
consent/authorisation to carry out the connection,
if the contract for the design and execution of the
connection is concluded directly by the user with the
designated approved economic operator; (v) the
introduction of a maximum limit of 5 years from the
commissioning of the connection for the duration of
the connection contract, linked to the legal provision
on the reimbursement of the actual value of the
connection design and execution works, up to the
average value of a connection.
• Connection procedure for prosumers: (i) inclusion of
the possibility of programming the existing meter at
the delimitation point of a consumption site for the
measurement of electricity in both directions, when
installing renewable energy production facilities in
the user’s facilities; (ii) inclusion of an exemption
from the application of the provisions of the
procedure, concerning the electricity metering units
required in the prosumers’ facilities, in the sense
of not making the installation of such equipment
conditional on the installation of power to the user’s
facility, given the difficulties for the DOs to purchase
such metering units.
• Connection framework contracts - additions
to the RO obligations in order to comply with the
derogatory provisions of the Connection Procedure
for prosumers.
• BRML Order no. 77/2022 for the approval of the official
list of fixed means of measurement subject to legal
metrological control - published in Official Gazette no.
332/5 April 2022 - enters into force within 90 days from
the date of publication in MO (4 July 2022)
• For active and reactive electricity meters the
metrological verification will be done every 15 years.
• ANRE Order no. 124/2022 for the approval of the Rules
for congestion management through the market-
based use by network operators of the flexibility of
resources in the distribution networks and those in the
transmission network, of the Rules applicable to the
purchase of reactive electricity for voltage regulation
in stationary mode by the transmission and system
operator and of the Rules applicable to the purchase of
reactive electricity for voltage regulation in stationary
mode by concessionary distribution operators and
for the amendment and completion of ANRE Order no.
127/2021 for the approval of the Regulation on terms
and conditions for balancing service providers and
frequency stabilisation reserve providers and the
Regulation on terms and conditions for balancing
parties - in force from 19 October, and Art. 1, 3 and 4
shall apply from 1 May 2024
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.
• 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 debate
• 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.
• 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, ORs 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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• Within 12 months the RO shall prepare and submit to
ANRE a proposal on:
• a technical qualification procedure related to the
participation in congestion management in their
networks;
• specifications of the products introduced in short-
term energy tenders for congestion management;
• ANRE Draft Order for the approval of the Procedure
regarding the rules for the connection to the public
interest electrical networks of equipment and
aggregates for irrigation, of the new pressurization
stations, as well as for economic operators that carry
out activities included in CAEN code 01 Agriculture,
hunting and services annexes and CAEN code 10 Food
industry - public debate
• specifications of the products included in
long-term capacity tenders for congestion
management;
• the minimum information to be included in
the register for flexibility resources, as well as
the optional ones, and the access rules for
neighbouring ROs;
• a reasoned choice between organising a common
platform for all ROs to purchase electricity for
congestion management or a separate platform
for each RO;
• option of whether or not to combine any common
platform with the Register for flexibility resources.
• Within 12 months the ROs shall jointly develop a
methodology to establish how they will operate,
collaborate, share information, and establish the
rights and responsibilities of each during the period
in which the OTS continues to identify and manage
grid congestion on the 110 kV grids under the
responsibility of the ODs.
• Within 16 months from the date of entry into force of
this Order, the DSO and the OTS shall develop their
own operational procedures for the implementation
of the provisions of Annex 1 to the Order.
• Draft Order amending and supplementing the
Methodology for issuing site permits by network
operators, approved by Order of the President of the
National Energy Regulatory Authority no. 25/2016 -
public consultation
• the definition of „risk analysis” has been introduced
as technical-economic documentation analysing
the impact of non-compliance with regulated
coexistence conditions. It is drawn up by a quality
and extra-judicial technical expert in the field of
technological electrical installations, who holds
a credential/certificate issued by ANRE, or by a
qualified expert in technological risk prevention-
reduction.
• clarifications have been made regarding the use of
the favourable site opinion conditional to the issue of
the building permit.
• through the changes made, will allow the use of the
coexistence study prepared during the approval
phase of the urban planning documentation and in
the procedure for issuing the site permit.
• the rules are addressed to the connection to
the electrical networks of public interest of the
equipment and aggregates for irrigation, of the
new pressure stations, as well as of the places of
consumption belonging to the economic operators
that carry out activities included in the CAEN code 01
Agriculture, hunting and related services and CAEN
code 10 Food industry;
• the rules apply to the connection to the electrical
networks of new places of consumption;
• DSO has the obligation to ensure, under conditions
of economic efficiency, the financing and realization
of the design and execution works of the connection
installations of the places of consumption, with a
length of up to 2,500 meters, when the connection
solution provides for the same voltage level at the
point delimitation and at the connection point; in the
event that the connection installations of the places
of consumption are longer than 2,500 meters and
when the connection solution provides for the same
voltage level at the delimitation point and at the
connection point, the financing of the difference in
their length that exceeds the length of 2,500 meters
is ensured by users;
• if in the area where the places of consumption are
located, there is only an electric network with a
voltage level different from that of the demarcation
point provided in the connection solution, DSO are
obliged to ensure the financing and realization of
the design and execution works of the connection
installations consumption places with a length of up
to 2,500 meters, excluding the transformer station/
electrical station, as the case may be, which is
financed by the users; if in the area where the places
of consumption are located there is only an electric
network with a voltage level different from that of
the demarcation point provided in the connection
solution and the installations for connecting the
places of consumption are longer than 2,500 meters,
DSO has the obligation ensure the financing and
realization of the design and execution works of the
connection installations for a length of up to 2,500
meters, and the financing of the difference in their
length compared to the length of 2,500 meters and
of the transformer station/electrical station, as the
case may be, is ensured by users;
• the term for making the connection, including the
reception and commissioning of the connection
installation, is a maximum of 120 days from the date
of obtaining the agreement/authorization for the
connection installation;
• the connection installation becomes the property of
DSO through the handover-acceptance report, on
the date of its commissioning, in accordance with
the provisions of the connection contract;
• the user whose place of consumption is supplied by
a connection installation made in accordance with
the provisions of the procedure, has the obligation
to use the place of consumption and to keep its
destination for a period of 15 years from the date of
commissioning of the connection installation ;
• DSO verifies the fulfilment of the user’s obligation
to use the place of consumption and to keep its
destination at least once every year during the
period of 15 years from the date of commissioning of
the connection installation;
• if the user does not comply with the obligation
to use the place of consumption and to keep its
destination for a period of 15 years from the date of
commissioning of the connection installation, he is
obliged to return to DSO the value of the design and
execution works of the connection installation borne
by the operator, proportional to the unused period,
gradually.
Prosumers
Prosumers
• ANRE Order no. 15/23.02.2022 - Methodology for
establishing the rules for the trading of electricity
produced in power plants from renewable sources
with an installed electrical power of no more than 400
kW per place of consumption belonging to prosumers
- in force since 1 May 2022
• The distribution operators ensure the purchase,
installation, sealing, verification, reading and, if
necessary, replacement of the electricity metering
groups located in the users’ installations, according
to ANRE regulations.
• Consumers owning electricity generating units from
RES with an installed capacity of 400 kW or less per
consumption site may sell the electricity produced
and delivered to the electricity grid to electricity
suppliers with whom they have concluded electricity
supply contracts, according to ANRE regulations.
• At the request of prosumers producing electricity in
electricity generating units with an installed capacity
per place of consumption::
• up to 200 kW - electricity suppliers with whom
they have electricity supply contracts are obliged
to make a quantitative compensation in the bill
of consumers between the electricity produced
and delivered to the grid and the electricity
consumed and to report in the bills of consumers
the difference between the quantity of electricity
delivered and consumed, if the amount of
• 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 debate – phase II
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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energy produced and delivered to the grid is
greater than the amount of electricity consumed,
consumers may use the reported amount of
electricity for a maximum period of 24 months
from the date of the invoice.
• between 200 kW and 400 kW - electricity suppliers
are obliged to purchase the electricity produced
and delivered at a price equal to the weighted
average price recorded in the PZU in the month
in which the energy was produced and to make
the financial adjustment between the electricity
delivered and the electricity consumed from the
grid in the bill of the consumers.
• Quantitative compensation for prosumers with
installations up to 200 kW per place of consumption
will be granted until 31 December 2030, and after
this period these prosumers can sell the electricity
produced under the conditions provided for
prosumers with installed capacities between 200 kW
and 400 kW per place of consumption.
• ANRE Order no. 19/02.03.2022 Order approving the
Procedure for the connection of consumption and
production sites belonging to prosumers to the
electricity networks of public interest - in force since 7
March 2022 - repealed ANRE Order no. 15/2021
• harmonisation with the provisions of GEO no. 143/2021
• ANRE Order no. 104/2022 amending and
supplementing the Procedure for the connection to
the public electricity networks of consumption and
production sites belonging to prosumers, approved by
ANRE Order no. 19/2022 - in force since 4 August 2022
• introduction of the provision according to which, as
an exception to the rules laid down in the Procedure
that do not provide for the issuance of ATRs or those
that do not provide for the issuance of ATRs prior
to the construction of the electricity production
plant, in the case of prosumers accessing financing
programmes for the installation of power plants for
the production of electricity from renewable sources,
the DSO shall issue ATRs prior to the construction of
the electricity production plant, in compliance with
the provisions of the regulatory acts specific to the
respective financing programmes.
• ANRE Order no. 95/2022 - Order amending and
supplementing ANRE Order no. 15/2022 approving the
Methodology for establishing the rules for the trading
of electricity produced in power plants from renewable
sources with an installed electrical power of no more
than 400 kW per place of consumption belonging to
prosumers - in force since 1 July 2022.
• clarifies the application of the quantitative
compensation between the electricity consumed
and the electricity produced and delivered to the
electricity grid by prosumers owning
electricity production units from renewable energy
sources with an installed electrical power of 200 kW
or less per consumption site, given that, after the
approval of ANRE Order no. 15/2022, GEO no. 27/2022
came into force, which establishes the billing of
electricity consumed by prosumers in the period 1
April 2022 - 31 March 2023.
• Draft Order approving the Methodology for
establishing the rules for quantitative compensation
between electricity produced from renewable sources
in mobile units equipped with electricity generation
systems during regenerative braking and delivered
to the national electricity system and electricity
consumed from the national electricity system by
prosumers - public consultation
• OD to whose grids mobile units generating electricity
during regenerative braking are connected certifies
the quality of prosumer, in order to apply the
mechanism of quantitative compensation according
to legal provisions;
• In addition, in order to certify the status of prosumer,
the DSO also verifies compliance with the following
requirements: (i) the main activity of the prosumer
- legal entity is not the production of electricity;
(ii) the electricity produced during the recovery
break must come from renewable energy sources
and be delivered to the NES; (iii) the electricity
metering system at the interface with the NES is
realized either with smart meters or with meters that
allow at least remote reading, integrable in smart
electricity metering systems, having communication
systems compatible with those of the concessionaire
distribution operator to whose networks the
electricity installations are connected.
• The concessionaire DSO shall carry out monthly
meter reading of electricity from renewable sources
produced and delivered to the SEN/consumed from
the SEN, in case the remote reading of electricity
meters is not possible for technical reasons, it shall
be determined on the basis of historical measured
data,
• The concessionaire DSO is obliged to store
the collected measured/determined data, as
appropriate, for a period of at least 36 calendar
months.
c) Storage – N/A
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 January 20, 2023
The norm was developed by the TSO, it establishes
technical requirements for connected storage
installations:
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• 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.
• ANRE Order no. 99/2023 for the approval of the
Regulation on granting the transmission and system
operator and the distribution operators the right to
own, develop, manage or operate electricity storage
facilities that represent fully integrated network
components - effective from November 6, 2023
• the situations in which the energy storage facilities
(ISE) that can be owned by TSOs/DSO represent
fully integrated network components (CRCI) are
established.
• an ISE can be considered CRCI for the following
purposes that ensure the reliability of the
transmission/distribution network and safety in the
supply of electricity:
a) ensuring the maintenance of critical equipment
under voltage in the electrical stations of the TSO/
DSO in the event of an interruption of their power
supply system, thus allowing the TSO/DSO to
manage its networks safely;
b) ensuring the continuity of the electricity supply
[in specific situations of planned/unplanned
interruptions of the electrical stations, until the
resumption of normal activity;
c) providing services that do not aim to stabilize the
frequency for:
i. synchronization between different parts of the
transport/distribution system;
ii. reduction of reactive power fluctuations
through rapid injections of reactive current;
iii. ensuring inertia for the stability of the local
transport/distribution network;
iv. the provision of restoration services,
respectively the ability to start with own
sources and the ability to operate in isolated
mode
• a CRCI cannot be used by the TSO/DSO to buy or sell
electricity on the electricity markets: for the purpose
of system balancing or congestion management or
to cover the own technological consumption of the
electricity network.
• each TSO/DSO must develop/update the list of
critical equipment in electrical substations for which
the right to own, develop, manage or operate a CRCI
is requested. The list of critical equipment is drawn
up and updated whenever necessary according to
the internal procedure of each TSO/DSO and is sent
to ANRE for information.
Distribution service performance standard
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 April 1, 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.
• ANRE Order no. 64/2022 amending and supplementing
the Performance Standard for the electricity
distribution service, approved by ANRE Order no.
46/2021 - in force from 31 March 2022:
• domestic customers, the index reading period can
be longer than one month, but must not exceed
3 months, for non-compliance compensation is
granted 10 lei
• non-household customers, the index reading
period can be longer than one month, but must not
exceed 6 months, for non-compliance is granted
compensation 10 lei
• prosumers, the periodicity of reading the index
of the measurement group is a calendar month -
compensation 10 lei regardless of voltage level
• OD does not compensate users whose metering
units are located on their property and who have not
allowed DSO access to read the metering unit index
within the interval specified in the bills issued by the
electricity suppliers, with prior notification/approval
no more than three times to the users.
• The DSO is obliged to provide access to historical
consumption data of users benefiting from smart
metering systems, in accordance with the provisions
of the framework conditions for the implementation
schedule of smart metering systems at national
level - if the DO does not meet the deadlines for a
period of one month, it is obliged to pay the user
compensation in the amount of 30 lei to JT.
• change DSO timetable for installation of quality
analysers
• Transformer substations monitored according to
each stage include also transformer substations
that fully supply users integrated in smart
metering systems.
• by 31.12.2023 will monitor at least 50% of the
number of substations and at least 20% of the
number of transformer substations,
• until 31.12.2025 will monitor at least 75% of the
number of substations and at least 60% of the
number of transformer substations,
• by 31.12.2026 will fully (100%) monitor the number
of substations and at least 80% of the number of
transformer substations,
• from 01.01.2028 will fully (100%) monitor
transformer substations.
• OD have the obligation to submit to ANRE, by 30 June
2022, the implementation programme for monitoring
the continuity and quality of electricity with analysers
installed in electricity stations and transformer
substations.
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Commercial regulations
Commercial regulations
• ANRE Order no. 82/2021 amending and supplementing
the Regulation on the supply of electricity to end
customers, approved by ANRE Order no. 235/2019
and repealing ANRE Order no. 130/2015 approving
the Procedure for the supply of electricity to own
consumption sites DSO - in force from 1 July 2021
(except for the provisions of art. I points 25-27, 33 and
34 which enter into force on 1 July 2022):
• in case of change of electricity supplier, customers
can communicate to the new supplier the self-
quoted index at the date of transmission of the
notification of change of supplier; the supplier has
the obligation to retrieve and transmit to the DSO
the index self-quoted by the final customer; the
self-quoted index is taken into account by the DSO
when determining the electricity consumption in the
process of change of supplier;
• if the end-customer does not transmit the self-
read index, the DSO is obliged to read the metering
equipment index in the period between the date of
transmission of the supplier change notification and
the date of the actual supplier change;
• The DSO is obliged to create and maintain in the
database, for each place of consumption, for each
of the months of January to December, information
on the estimated active electricity consumption,
determined as appropriate, based on: (i) the
electricity consumption recorded at the place of
consumption during the same period of the previous
year or the electricity consumption determined
taking into account the most recent readings made
by the OD; (ii) the specific consumption profile,
determined by the DSO for the respective category of
final customer if for the place of consumption there
is no consumption history.
• OD has the obligation to allow free access to the
data in the database to all electricity suppliers and
to inform them on how to access the data;
• until 1 November 2021, the ODs are obliged to make
available to electricity suppliers the consumption
data provided for in the order and to publish on their
websites information on how to access this data;
• from 1 January 2022, in the case of consumption
places for which consumption agreements are
concluded, the billing of the distribution service
will be carried out by the DO, on the basis of these
agreements, if for these consumption places there is
no index read by the DO or by the final customer.
• ANRE Order no. 90/2022 - Order amending and
supplementing ANRE Order no. 52/2021 approving
the Methodology for monitoring the system for the
promotion of electricity production from renewable
energy sources - in force since 27 June 2022
• 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:
• participation in flexibility or energy efficiency
programs, to which the customer’s place of
consumption is connected;
• 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 SMI;
• regulating the legal aspects related to data reporting
by electricity suppliers who have concluded/
purchase contracts for electricity produced by
prosumers, with whom they have concluded
contracts for the supply of electricity as final
consumers, on the manner and format of reporting,
respectively frequency of data reporting.
• 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;
• ANRE Order no. 91/2022 - Order approving the
Regulation on the last instance supply of electricity -
in force from 24 June 2022
• Consumption sites that are not disconnected for
non-payment of electricity consumption/withdrawal
and do not have a supply contract in force/are not in
the portfolio of an FUI, are taken over by the LR (the
supplier with the highest market share in the grid
area where the consumption sites are located);
• within a maximum of 3 working days from the date
of entry into force of the order, each concessionaire
DSO shall communicate to the LR the list of
consumption sites in its network area that are in the
situations described above;
• the market shares shall be established and
published by ANRE on the basis of the quantities of
electricity delivered, in the period from 1 September
2021 to 28 February 2022, to customers in each
network area, by each of the suppliers who are also
suppliers of last resort;
• within a maximum of 5 working days from the date
of communication of the designation decision, LR
and DSO concessionaires with whom the supplier
does not have electricity distribution contracts, shall
conclude such contracts.
• 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 April 1, 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;
• Draft Order for the amendment of the Procedure
regarding the establishment of electricity
consumption in the flat-rate system, approved by
ANRE Order no. 190/2020 - public debate
• the drawing up by NO on the date of ascertaining
the situation in which the electricity consumption
cannot be determined by measurement of a Finding
Note, this has the role of recording the technical
problems identified at the measurement group, it is
not necessary to sign it by the end customer ;
• PV drawn up by NO is sent by him both to the final
customer and to the electricity supplier within
a maximum of 5 working days from the date of
drawing up; based on the minutes, the supplier has
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the obligation to issue the invoice;
• it is not necessary for the final customer to sign the
PV, but he can dispute both the PV and the invoice
issued by the supplier within a maximum of 20 days
from the communication;
• the elimination of the option of determining the
consumption of electricity in a flat system based
on the average consumption resulting from the
consumption history of the last 3 years, established
for a period of time equal in duration and similar in
terms of consumption conditions to that in which the
measurement group did not work; in the situation
where there is no consumption history of the last
3 years, the average consumption is established
based on the consumption history related to a period
of 2 years respectively or 1 year, as the case may
be, because it is no longer applicable considering
that the recalculation is based on the average daily
consumption of the new meter;
• introduction of the model of the assessment note
drawn up by the NO;
• the introduction of the finding report model in
the situation where the meter is/is not subject to
metrological verification in an authorized metrology
laboratory.
Compliance Regulation
Compliance Regulation
• ANRE Order no. 90/2023 for the modification and
completion of some orders issued by ANRE - effective
from October 5, 2023
• Period of appointment of compliance agents
nominated by DSO/OI and approved by ANRE:
minimum 2 calendar years and maximum 4 calendar
years
• By December 10 of each year, the compliance agent
submits to ANRE a report on the measures taken and
his conclusions regarding the fulfilment/observance
by the OD/OI of the compliance program and the
provision of the resources necessary to carry out the
activity by the DSO/OI;
• Until November 15, 2023, DSO/OI, which are part of
vertically integrated economic operators, have the
obligation to submit the nominations of compliance
agents to ANRE for approval.
Annual Report and sanctions
Annual Report and sanctions – N/A
• ANRE Order no. 1/19.01.2022 - Order for the repeal
of ANRE Order no. 32/2016 on the approval of the
Methodology for the preparation of the Annual Report
by licensees in the electricity and thermal energy
sector and on the amendment of some ANRE orders -
in force since 21 January 2022
• eliminates the obligation for licensees to draw up the
Annual Activity Report.
• ANRE Order no. 32/2016 is repealed - the information
in the annexes of the Annual Report Methodology
shall be submitted to ANRE in accordance with the
provisions of other orders.
• ANRE Order no. 12/23.02.2022 - Order approving the
Procedure for the establishment and individualization
of fines related to the turnover resulting from the
control activity - in force from 1 March 2022
• It aims to establish the rules necessary for
establishing and individualizing the contravention
penalties related to turnover provided for in the Law
on Electricity and Natural Gas no. 123/2012, art. 95
para. (2) and (3).
• ANRE Order no. 13/23.02.2022 - Order approving the
Procedure for the establishment and individualization
of contraventional sanctions related to turnover, by
ANRE’s Regulatory Committee, following investigation
actions - in force since 28 February 2022.
• Its purpose is to establish and individualize sanctions
in case of committing the offences provided for in
art. 93 para. (1) and art. 194 of the Law on Electricity
and Natural Gas no. 123/2012, with subsequent
amendments and additions, hereinafter referred to
as the Law, for which sanctions are provided from the
turnover of the year preceding the application of the
sanction.
• ANRE Order no. 100/2022 amending and supplementing
the Regulation on the organisation and conduct
of energy investigation activities regarding the
functioning of the wholesale energy market, approved
by ANRE Order no. 25/2017 - in force from 4 August 2022
• application of some of the legal provisions in force
and by the members of the Regulatory Committee of
ANRE;
• extending the scope of investigations into breaches
of the transparency requirements laid down in the
ANRE regulations as well as in European regulations;
• introduction of amendments, clarifications and
additions concerning the competence to establish
and individualize sanctions, depending on the nature
and timing of their occurrence; the draft order also
includes provisions for the situation where, during the
investigation action, no contraventions are found.
• ANRE Order no. 101/2022 amending and supplementing
the Procedure for the establishment and
individualization of fines based on turnover, by
ANRE’s Regulatory Committee, following investigative
actions, approved by ANRE Order no. 13/2022 - in force
from 4 August 2022
• to complete the Procedure with the situations in
which the Regulatory Committee establishes and
individualizes the sanctions by reference to the
turnover of the investigated legal entity, and for the
contraventions for which the investigation team,
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The deadline for making the connection is 120 days from
the date of obtaining the agreement/authorization for
the connection installation. The assets resulting from the
connection works become the property of the DSO from
the time of installation of the connection installation.
The applicant, a future non-domestic final customer,
has the obligation to use the place of consumption and
to keep its destination for a period of at least 15 years
from the PIF date, otherwise he is obliged to return to DSO
the value of the design and execution of the connection
installation, proportionally with the remaining unused
period, gradually, in accordance with ANRE regulations.
as investigating agents, applies the provisions of
art. 12 para. (2) of the OG no. 2/12 July 2001 on the
legal regime of contraventions, approved with
amendments and additions by Law no. 180/2002, with
subsequent amendments and additions, proposing
to sanction the investigated market participant with
a fine in relation to its turnover;
• correlation with the provisions of ANRE Order no.
25/2017, as amended and supplemented.
• ANRE Order no. 120/2022 on the amendment and
completion of the Regulation on the detection,
notification and sanctioning of violations of
regulations issued in the field of energy applicable
to the investigation activities carried out by ANRE,
approved by ANRE Order no. 62/2013 - in force from 5
October 2022
• Completion and amendment of the Regulation, in
accordance with the legal provisions in force, as a
result of the amendments made to the Law, i.e. by
Order 25/2017 and Order 13/2022.
• ANRE Order no. 143/2022 amending and supplementing
the Regulation on the detection, notification and
sanctioning of violations of regulations issued in the
field of energy applicable to the control activities
carried out by ANRE, approved by ANRE Order no.
62/2013, with subsequent amendments and additions
- in force from 28 December 2022
• amendment and completion of the Regulation
provides that the documents preceding the control
action, during the control action or resulting from
the completion of the control action, such as, but not
limited to: the control warrant, the control notice, the
control report, the referral note, the sanction warrant,
the sanction invitation, etc. can be drawn up and
communicated both in written and electronic format.
Primary legislation:
Primary legislation:
• Energy Law no. 123/2012 - amended by GEO no. 143/2021
- in force since 31 December 2021, approved and
amended by Law no. 248/2022, in force starting with 25
July 2022, providing among others:
• the possibility of concluding directly negotiated
bilateral transactions;
• obligation for the DSO to ensure the reading of the
metering group index for domestic end customers at
a maximum interval of 3 months;
• the role of the DSO as a neutral market facilitator in
the purchase of electricity to cover NL, according to
transparent, non-discriminatory and market-based
procedures, in compliance with ANRE regulations;
• domestic connection - In the case of domestic
customers, upon commissioning of the connection
works carried out, the DSO will reimburse the
applicant the actual value of the design and
execution works of the connection, up to an average
• Law no. 158/2023 for the amendment and completion
of the Electricity and Natural Gas Law no. 123/2012 -
effective from June 3, 2023
For the supply of equipment and aggregates for irrigation,
as well as for economic operators that carry out activities
included in CAEN code 01 Agriculture, hunting and related
services and CAEN code 10 Food industry, DSO has
the obligation to ensure the financing and realization
of the design and execution works of the installation
connection of the final non-domestic customer, whose
length will be up to 2,500 meters located on the territory
of the administrative-territorial unit for which the public
distribution service has the concession. For connection
installations that exceed the length of 2,500 meters, the
financing of the difference from the network falls under
the responsibility non-domestic end customer. The
counter value of the design and execution works of the
connection installation will be recognized in the tariff by
ANRE.
• value of a connection, established according to a
methodology approved by ANRE. The assets resulting
from the connection works become the property
of the distribution operator from the moment of
commissioning, through the effect of this law, at the
value reimbursed to the household customer, being
recognised by ANRE as part of the regulated asset
base.
• non-household connection - In the case of non-
household customers, the cost of the connection
work, including the design of the connection/
connection, is borne entirely by the customer. The
assets resulting from the connection works:
• between 1 January and 24 July 2022, it enters
the distribution operator’s patrimony from the
moment of commissioning, based on GEO no.
143/2021, without being recognized by ANRE as part
of the regulated asset base;
• starting with 25 July 2022, it does not enter the
patrimony of the distribution operator, based on
Law no. 248/2022 and ANRE Order no. 133/2022,
they are transferred only for exploitation to the
distribution operator;
• in case the final customers do not have SM, DSO
provides them with individual conventional meters
that accurately measure their real consumption.
DSO ensures that end customers can easily read
their conventional meters, either directly or indirectly,
through an online interface or other appropriate
interface that does not involve physical connection
to the meter.
• ANRE has the obligation to issue the regulations
provided in the Law within the terms expressly
provided from the date of entry into force of the Law
(60 days or 6 months).
• Law no. 259/29.10.2021 for the approval of GEO no.
118/2021 on the establishment of a compensation
scheme for the consumption of electricity and natural
gas for the cold season 2021-2022, as well as for the
completion of Government Ordinance no. 27/1996 on
the granting of facilities to people living or working in
some localities in the Apuseni Mountains and in the
„Danube Delta” Biosphere Reserve
• For the period 1 November 2021 - 31 March 2022, a
support scheme for the payment of electricity and
gas bills has been established for several categories
of final customers.
• In order to regularize the amounts related to
the support scheme, the electricity/natural gas
distribution operators have the obligation, in the
period April-June 2022, in addition to the readings
established according to the regulations in force,
to carry out the meter index reading of the final
customers who benefited from the support scheme
and to communicate to the electricity/natural gas
suppliers their measurement data.
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• Exempting certain categories of small consumers
(SMEs, PFAs) from the payment of distribution tariffs,
transmission tariffs, green certificates, contribution
for high-efficiency cogeneration and excise duties.
• Emergency Ordinance no. 3/2022 amending and
supplementing Government Emergency Ordinance
no. 118/2021 for domestic customers increases the
maximum consumption limit from 1500 kWh to 1900
kWh (380kWh/month) - in force from 26 January 2022
• for household customers in the period 1 February
2022 - 31 March 2022 the final invoiced price of
electricity is capped at 0.8 RON/kWh, VAT included,
(compared to 1 RON/kWh), of which the energy
price component is a maximum of 0.336 RON/kWh
(compared to 0.525 RON/kWh);
• for non-household customers in the period 1
February 2022 - 31 March 2022 the final invoiced price
of electricity is capped at a maximum of 1 RON/kWh,
VAT included, of which the energy price component
is a maximum of 0.525 RON/kWh
• OD have the obligation, during the period April-
June 2022, in addition to the readings established
according to the regulations in force, to carry out
meter index readings on domestic customers and to
transmit their measurement data to the electricity/
natural gas suppliers.
• Emergency Ordinance no. 27/2022 on measures
applicable to final customers in the electricity and
natural gas market in the period 1 April 2022 - 31 March
2023 - in force since 22 March 2022, approved by Law
no. 206/11 July 2022, amended by GEO no. 192/2022
• to cover the additional costs related to NL 2021, ANRE
modifies the regulated tariffs, applicable from 1 April
2022.
• The resulting tariffs will not change between 1 April
2022 and 31 March 2023.
• additional costs financed from bank loans made
during the period of the GEO to cover the NL are
capitalized, with a duration of 5 years and RRR = 50%
x RRR RP4.
• electricity costs purchased for NL after the date of
entry into force of the GEO will be recognized in the
regulated tariffs, according to ANRE methodologies.
• transmission and distribution tariffs will be adjusted
to reflect costs incurred up to 31 March 2023 for a
period of up to 5 years after 31 March 2023.
• the producers in the Romanian state portfolio are
obliged to respond within 5 working days with
partial or total sales offers to the requests for
energy purchase addressed by the OTSs and ODs,
individually or in aggregate, directly or through the
dedicated platforms of the organized market. Failure
to comply with the provision shall be sanctioned with
a fine of RON 100.000 ÷ 400.000.
• The provisions of the GEO apply until 31 March 2025.
• Emergency Ordinance no. 119/2022 amending and
supplementing GEO no. 27/2022 on the measures
applicable to end customers in the electricity and
natural gas market during the period 1 April 2022-31
March 2023, as well as amending and supplementing
certain regulatory acts in the field of energy - in force
since 1 September 2022, approved and amended by
Law no. 357/16 December 2022
• additional costs for the purchase of electricity,
made between 1 January 2022 and 31 August 2023,
to cover the NL, compared to the costs included
in the regulated tariffs (and not only the loans),
are capitalised quarterly, RRR = 50% of the RRR
applicable to each period;
• electricity generators are obliged to sell available
electricity with delivery until 31 December 2022,
through direct negotiated contracts starting from 1
September 2022, only to electricity suppliers with end
customers in their portfolio, intended exclusively for
their consumption, OD, OTS and consumers who have
benefited from the provisions of GEO 81/2019.
• Emergency Ordinance no. 153/2022 amending and
supplementing Government Emergency Ordinance no.
27/2022 on the measures applicable to end customers
in the electricity and natural gas market during the
period 1 April 2022-31 March 2023, as well as amending
and supplementing certain regulatory acts in the field
of energy and amending Government Emergency
Ordinance no. 119/2022 amending and supplementing
Government Emergency Ordinance no. 27/2022 on the
measures applicable to end customers in the electricity
and natural gas market between 1 April 2022 and 31
March 2023, as well as amending and supplementing
certain regulatory acts in the field of energy - in force
since 11 November 2022
• for the period from 1 January 2023 to 31 March 2025,
the centralised electricity purchase mechanism is
established
• OPCOM is designated as the single buyer, it
buys electricity from the designated producers
and sells the purchased electricity to electricity
suppliers who have contracts with end customers,
electricity transmission system operators and
electricity distribution operators, to cover their own
technological consumption of the networks operated
by them.
• OD can buy from OPCOM by annual/monthly
mechanism 75% of the quantity of NL forecast and
validated by ANRE at the price of 450 lei/MWh,
and producers can sell to OPCOM annual/monthly
mechanism 80% of the quantity produced forecast
and validated by ANRE and Transelectrica at the
price of 450 lei/MWh.
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Alignment with the European legislation - EU Regulation
no. 943/2019:
Alignment with the European legislation - EU Regulation
no. 943/2019:
Electricity market functioning
Electricity market functioning
• ANRE Order no. 128/2021 - Order approving the Rules
• ANRE Order no. 12/2023 for the approval of the
for the suspension and restoration of market activities
and the applicable Settlement Rules - in force from 1
October 2022:
• to determine the situations and conditions under
which the OTS can suspend market activities with
mitigating impact on PZU and PI energy market
coupling;
• identification of the market activities that can be
suspended and the procedure for their suspension
and reinstatement: steps, role and responsibilities
of the OTS/designated electricity market operator/
factors involved;
• communication procedure detailing the tasks and
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 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;
actions to be carried out by each party
• the way of organizing auctions/trading sessions;
• suspension during the period of collapse and
• the way of establishing transactions and contracting
restoration from collapse of the SEN of all wholesale
market contracts (including transactions concluded
on the DAM and IM), and the sale/purchase to be
carried out at a single restoration price, i.e. the
settlement procedure applicable in these situations
and the procedure for making payments and
contesting the settlement.
• the order will apply from 1 October 2022, the date
from which ANRE Order no. 23/2016 is repealed.
• ANRE Order no. 65/2022 approving the Regulation on
the organised framework for electricity contracting by
large end customers - in force since 1 April 2022
• expanding market participation by accepting
OTS and ODs, their participation in the market is
exclusively for the purchase of NL;
• application of the regulation inclusive of producers
to whom the measures of GEO No 27/2022 apply;
• use of standard or EFET-type contracts;
• reduction of the average power per settlement
interval from 10 MW to 5 MW, for a better profiling of
the final customers’ offers;
• the possibility for the initiator to choose to vary
the contracted power per settlement interval by a
maximum of 0.5 MW per settlement interval;
• minimum delivery duration of one month;
the traded energy;
• the way of managing and publishing information on
participants, offers and concluded transactions.
• 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 April,
5 2023
Provides rules that refer to:
• Introduction of a chapter on organized market
segments
• 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
• 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.
• the option of full/partial trading of the initiator offer.
• ANRE Order no. 17/2023 for approval of the
• ANRE Order no. 73/2022 - amending ANRE Order no.
65/2022 approving the Regulation on the organised
framework for the contracting of electricity by large
end customers - in force since 12 May 2022
• the possibility of introducing initiating offers also by
producers participating in the market;
methodology for monitoring the wholesale electricity
market - effective from April, 3 2023
• the scope 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
• deletion of the specification that large end-use
electricity customer includes transmission system
operator and distribution system operators that
purchase, individually or in aggregation, electricity
to cover their own technological consumption in the
networks they operate, in order to avoid resale by
operators of electricity purchased on this market,
based on the license they hold. They can participate
in the market from the position of final customer,
which, according to the definition in the Energy Law,
is any natural or legal person who buys electricity for
their own consumption.
• ANRE Order no. 3/2022 approving the Regulation on
the organization and operation of the online platform
for changing supplier (POSF) and for contracting the
supply of electricity and natural gas - in force since 28
August 2022
• The online platform (POSF) is unique at national level,
end customers and economic operators involved
in changing supplier and contracting supply are
obliged to use this platform exclusively.
• Implementation of the platform starts on 28 August
2022.
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;
• 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 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 April, 4 2023
• Duration of the switching process 24 hours
• the scope and coverage of the methodology for
• The customer is obliged to register the self-quoted
index in POSF
• The customer uploads the self-read index at the
initiation of the supplier change process and a
second self-read index at the date of the actual
supplier change. If the end customer does not
upload the index at the effective supplier changeover
date, the DSO is obliged to register in the POSF, within
5 days from the effective supplier changeover date
by the end customer, the index read by the DSO or
provided by the smart metering system.
• The regulation details: the organization and
operation of the POSF, the content of the POSF
database, the data required to create an access
account in the POSF, the rights and obligations of
POSF users, the rules on the conclusion of the supply
contract, the actual procedure for changing supplier.
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);
• 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.
• ANRE is the administrator and operator of the
online platform for end-customers to change their
electricity and/or gas supplier (POSF).
• ANRE order no. 88/2023 for the amendment of ANRE
Orders regarding the electricity market – effective
from September 26, 2023
• During the period between the date of entry into
force of the Order and 28 August 2022, all economic
operators are obliged to comply with any ANRE
requests for the realization and implementation of
the POSF.
• ANRE Order no. 109/2022 amending and supplementing
ANRE Order no. 3/2022 approving the Regulation on the
organisation and operation of the online platform for
changing the electricity and natural gas supplier and
for contracting the supply of electricity and natural
gas - in force since 24 August 2022
• ANRE order no. 127/2021 for the approval of the
Regulation on the clauses and conditions for the
balancing service providers and for the frequency
stabilization reserve providers and the Regulation
on the clauses and conditions for the parties
responsible for balancing and for the modification
and repeal of some ANRE orders, applies from on
April 1, 2024.
• ANRE order no. 128/2021 for the approval of the rules
for suspending and restoring market activities and
the applicable settlement rules, applies from April 1,
2024.
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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
debate
• 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.
• Draft order for the amendment of the Regulation
regarding the organized trading framework on the
organized future electricity markets administered by
the Electric Energy and Natural Gas Market Operator
OPCOM S.A. approved by ANRE Order no. 12/2023 -
public debate
• Taking into account the approval of ANRE Order
no. 95/2023 in which aggregation can be done
cumulatively (producers, consumers and owners of
storage facilities), it is proposed to eliminate art. 11
paragraph 2 of ANRE Order no. 12/2023: Art. 11. — (2)
The aggregation of market participants is carried out
separately for the production activity, respectively for
consumption.
• to change the date of application of the Regulation
from 28 August 2022 to 10 October 2022; by way of
derogation, the provisions relating to the registration
in the POSF of the information that ORs and suppliers
are obliged to register in accordance with the
Regulation shall apply from 28 August 2022
• ANRE Order no. 79/2022 - approving the Regulation
on the organization and functioning of the electricity
futures market organized by Bursa Romana de Marfuri
S.A. - in force since 10 June 2022
• This draft order aims to establish an organized
framework for electricity trading on the Electricity
Futures Market, through electronic trading platforms
managed by Bursa Romana de Marfuri S.A (BRM).
• ANRE Order 117/2022 for the approval of the Regulation
for the organization and functioning of the forward
electricity contracts market organized by Bursa
Romana de Marfuri S.A. - in force since 1 October 2022,
exception art. 2
• repeals Order No. 79/2022, introducing new products
for trading: (i) multiple of a day, i.e. the entire period
of at least 2 consecutive delivery days starting at the
earliest on the second calendar day following the
day a transaction is closed; the product is tradable
only with delivery in the band; (ii) 1 week; the product
is tradable only with delivery in the band; (iii)
balance of the month, i.e. the period made up of the
remaining delivery days of a current calendar month,
starting on the second calendar day following the
day a transaction is closed; the product is tradable
only with delivery in the band.
• art. 2 - The BRM shall update, by 1 October 2022, the
operational procedures necessary to implement the
Regulation
• ANRE Order no. 92/2022 - order amending and
supplementing the Regulation on the calculation and
settlement of imbalances of the parties responsible for
balancing - single imbalance price, approved by ANRE
Order no. 213/2020 and amending some ANRE orders -
in force since 1 July 2022.
• new articles on how to allocate additional costs/
revenues from balancing the system;
• it is proposed to reduce from 6 months to 2 months
the period in which the participant can request
a reasoned correction of the settlement from the
posting of the information note for settlement on the
dedicated IT platform;
• implementation of the 400 kW installed capacity
limit for prosumers, from which the supplier no longer
assumes responsibility for balancing;
• the order applies from 1 July 2022 in which the
calculations for the settlement of imbalances of the
PRE for the delivery month June 2022 are made.
• ANRE Order no. 121/2022 amending some ANRE orders
on the electricity market - in force since 1 October 2022
• ANRE Order no. 127/2021 shall enter into force on the
date of publication and shall apply from 1 October
2023, with the exception of: (i) for the period 1
May 2023-1 September 2023, the balancing party
imbalance settlement operator shall, starting
from May 2023, perform monthly simulations for
the calculation of the balancing party imbalance
settlement resulting from the application of the
provisions of the Regulation on terms and conditions
for balancing parties (ii) technical amendments
to the Technical Qualification Procedure for the
provision of system services, approved by ANRE Order
no. 89/2021, which apply from the date of entry into
force
• ANRE Order no. 128/2021 applies from 1 October 2023,
to align with the provisions of ANRE Order no. 127/2021.
• Order no. 134/2022 approving the General General
Rules on Organised Electricity Futures Markets - in
force from 3 November 2022
• to simplify the organised framework for electricity
contracting, by drawing up a framework regulation
with general provisions, on the basis of which each
electricity market operator will draw up specific rules
for the organisation and management of its own
markets;
• ensure the creation of a general framework with
requirements applicable to all electricity market
operators to ensure transparency and non-
discrimination. On the basis of these general rules,
operators shall draw up their specific conditions of
participation.
• Regulation (EU) 2022/1854 of 6 October 2022 on
emergency action to tackle high energy prices:
• reduce consumption by a target 5% during peak
hours
• 180 Euro/MWh threshold for solar, nuclear, hydro,
wind and lignite production mainly; revenues above
this threshold will be collected by the state
• solidarity mechanism -33% of profits in fiscal year
2022, if there is an increase of more than 20%
compared to the 2018-2021 average
• The funds obtained on the last two points will be
redirected to domestic consumers, companies in
difficulty, reduced tariffs or social aid.
• Draft Order approving the methodology for monitoring
the wholesale electricity market - public consultation
• the scope 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
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A.3.1.2. Supply activity
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;
• 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, OPEE and OTS).
• 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 on the monthly templates
submitted by market participants.
• Draft Order approving the methodology for monitoring
the retail electricity market - public consultation
• 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);
• 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.
Source: Electrica
2022
2023
In 2022, with an impact on the electricity and gas supply
activity, the following regulations were adopted:
In 2022, with an impact on the electricity and gas supply
activity, the following regulations were adopted:
a. Primary legislation:
a. Primary legislation:
• GEO no. 118/2021 on the establishment of a
• GEO No 27/2022 on measures applicable to final
compensation scheme for electricity and natural gas
consumption for the 2021-2022 cold season, approved
with amendments and additions by Law no. 259/2021:
• The planned support scheme will be applied for
the period November 2021 – March 2022 and was
established in the context of rising prices on the
electricity and natural gas markets at international
level, as well as the effects of these increases for the
Romanian population;
• the following consumer support schemes are
provided:
• compensation for household customers if they fall
within the maximum consumption limits set for
the entire period of application (i.e. 1,500 kWh for
electricity, 1,000 m3 for natural gas), respectively
monthly and within the reference price of 0.68 lei/
kWh for electricity, respectively 125 lei/MWh for
natural gas; the amount of compensation is 0.291
lei/kWh for electricity, respectively 33% of the bill for
natural gas;
• exemption from payment of regulated tariffs, other
contributions and excise duty for SMEs, individual
medical practices and other liberal professions,
microenterprises, licensed natural persons, sole
proprietorships, family enterprises (i.e. regulated
feed-in/withdrawal tariffs, distribution tariff, system
service tariff, transmission tariff, green certificates,
contribution for high efficiency cogeneration and
excise duty – for electricity; transmission cost,
distribution tariff and excise duty – for natural gas);
• capping of the final invoiced price to a maximum of
1 leu/kWh, of which the electricity price component
of max. 0.525 lei/kWh for electricity, respectively a
maximum of 0.37 lei/kWh, of which the gas price
component of max. 0,250 lei/kWh for natural gas for
household customers, public and private hospitals,
public and private educational establishments and
nurseries, non-governmental organisations, religious
establishments, public and private social service
providers;
• suspension of bill payments – on request, only for
vulnerable consumers, for a period of min. 1 month
and max. 6 months;
• Mechanisms are also provided for the settlement of
amounts related to support schemes from the state
budget to electricity and gas suppliers.
customers in the electricity and natural gas market for
the period from 1 April 2022 to 31 March 2023, as well as
for amending and supplementing certain regulatory
acts in the field of energy:
• the period of application of the support scheme
(capping) is 1 year, i.e. 1 April 2022 - 31 March 2023.
• for electricity the final invoiced price is: maximum
0.68 lei/kWh (VAT included) for household customers
with average monthly consumption (achieved at
the place of consumption in 2021) less than or equal
to 100 KWh, maximum 0.8 lei/kWh (VAT included)
for household customers with average monthly
consumption between 100 kWh and 300 KWh
inclusive, maximum 1 leu/kWh (VAT included) for
non-household customers (the framing of household
customers is made according to the average
monthly consumption achieved in 2021, the capped
prices will apply for the entire period regardless of
the amount consumed. In the case of household
customers who were not initially included in the cap
but whose consumption in 2022 is included, suppliers
issue regularisation invoices in February 2023
using the capped price for the period in which they
consumed).
• customers connected after 1 January 2022 will
be billed with a ceiling: domestic electricity
customers at 0.68 lei/kWh (with minimum ceiling),
domestic gas customers at 0.31 lei/kWh (category
ceiling), non-household electricity customers at
1 leu/kWh (category ceiling) and non-household
gas customers at 0.37 lei/kWh (regardless of
consumption);
• customers who do not fall under the ceiling will have
monthly adjustable prices, the variable being a
correction component for the purchase price, so that
the cost of purchase (with PE within 5%) is passed on
to the final customers. The exception is only the first
two months of the application period, when the price
is not adjustable. At the request of final customers,
suppliers may also conclude supply contracts under
conditions other than those laid down in the article
referring to uncapped customers.
• the subscription is included in the ceiling; if the
price in the current contracts concluded with
final customers is lower than the ceiling price, the
contractual price shall apply.
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• GEO no. 2/2022 on the establishment of social
protection measures for employees and other
professional categories in the context of prohibition,
suspension or limitation of economic activities, caused
by the epidemiological situation generated by the
spread of SARS-CoV-2 coronavirus, as well as for the
modification and completion of some normative acts:
• for natural gas the final invoiced price is: maximum
0.31 lei/kWh (VAT included) for household customers,
maximum 0.37 lei/kWh (VAT included) for non-
household customers whose annual consumption
of natural gas in 2021 at the place of consumption
is no more than 50,000 MWh and for thermal energy
producers;
• The ordinance provides for amendments and
• the supply component is 73 lei/MWh for the
additions to GEO No 118/2021 as follows:
• extending the scope of the ceiling by including in
the category of beneficiaries also public cultural
institutions and cultural establishments subordinated
to central and local public administration authorities;
• prohibition to disconnect or interrupt, until
30.06.2022, the electricity supply for non-payment of
household customers;
• provision, in the case of invoices that do not
comply with the legal provisions on the application
of support schemes (compensation, exemption,
capping), for their automatic reissue within a
maximum of 15 days from the date of issue. For
invoices already issued, the deadline for their reissue
is 15 days after the entry into force of this GEO, i.e.
until 3 February 2022 (inclusive). The execution of
the payment obligation for invoices in the process
of being recalculated is also suspended until new
invoices are issued.
• GEO no. 3/2022 amending and supplementing GEO no.
118/2021:
• the following amendments and additions to GEO
no. 118/2021 are provided for, with application from 1
February to 31 March 2022:
• increasing the consumption margin for
compensation from 300 kWh/month (+10%) to 500
kWh/month (+10%) for electricity and from 200 mc/
month to 300 mc/month for natural gas;
• change the price cap for household customers (from
1 leu/kWh to 0.8 lei/kWh for electricity and from 0.37
lei/kWh to 0.31 lei/kWh for natural gas) and introduce
a price cap for all non-household customers (1 leu/
kWh for electricity and 0.37 lei/kWh for natural gas);
• the cap still concerns both the final price and the
electricity/natural gas purchase component: for
household customers – 0.8 lei/kWh final price for
electricity, of which 0.336 lei/kWh electricity price
component; 0.31 lei/kWh final price for natural gas,
of which 0.200 lei/kWh natural gas price component;
for non-household customers: 1 leu/kWh final price
for electricity, of which 0.525 lei/kWh electricity price
component; 0.37 lei/kWh final price for natural gas, of
which 0.250 lei/kWh gas price component;
• recovery of the capped amounts will be made
according to the thresholds indicated above, in
conjunction with the period of application: from 1
November 2021 to 31 January 2022, by the difference
electricity supply activity and 12 lei/MWh for the
natural gas supply activity, and for customers taken
over as a last resort it is 80 lei/MWh for the electricity
supply activity and 13.5 lei/MWh for the natural gas
supply activity (the GEO establishes the value of the
supply component, without specifying that it is a
maximum).
• for the purchase of electricity and natural gas,
the monthly imbalance must not exceed 5% of
the value of the energy delivered monthly to the
end customers in the portfolio, what exceeds this
threshold will not be recognized and settled; the
purchase made for last resort supply does not
have the balancing cost limited to 5%; there is the
obligation to set up storage deposits of at least
30% of the amount of natural gas required for
the consumption of final customers from the own
portfolio between April 1 and October 31, 2022.
• the recovery of the capping amounts is carried out
in full, provided that the limit of 5% of the cost with
imbalances is respected; the losses recorded from
the application of the support scheme between
November 1, 2021 and March 31, 2022 can also be
recovered (a supply cost of 73 lei/MWh is accepted
and we limit the cost of imbalances to 5% of the
purchase cost) - so that the recovery either at a
high level, it is necessary to invoice all consumption,
including in the FUI regime, until the beginning of
May.
• the supplier has the obligation to notify the
customers about the changes arising from the
application of the GEO provisions with the first invoice
sent after the entry into force (the fine is between 100
thousand and 400 thousand lei).
• Law no. 206/2022 for the approval of the Government
Emergency Ordinance no. 27/2022 regarding the
measures applicable to final customers in the electricity
and natural gas market during the period April 1,
2022—March 31, 2023, as well as for the amendment
and completion of some normative acts in the field of
energy.
• GEO no. 119/2022 - Emergency Ordinance for amending
and supplementing the Government’s Emergency
Ordinance no. 27/2022 regarding the measures
applicable to final customers in the electricity and
natural gas market
• during the period April 1, 2022—March 31, 2023, as well
as for the amendment and completion of
between the average monthly purchase price and
the threshold of 525 lei/MWh for electricity and 250
lei/MWh for natural gas. From 1 February, recovery
will be made: for household customers – by the
difference between the average monthly purchase
price and the threshold of 336 lei/MWh for electricity
and 200 lei/MWh for natural gas; for non-household
customers – by the difference between the average
monthly purchase price and the threshold of 525 lei
for electricity and 250 lei/MWh for natural gas.
• GEO no. 27/2022 on the measures applicable to final
customers in the electricity and natural gas market
during the period 1 April 2022-31 March 2023, as well as
for the amendment and completion of some normative
acts in the field of energy:
• the period of application of the support (capping)
scheme is 1 year, i.e. 1 April 2022 – 31 March 2023.
• for electricity the final invoiced price is: maximum
0.68 lei/kWh (VAT included) for household customers
with an average monthly consumption (at the place
of consumption in 2021) less than or equal to 100 kWh,
maximum 0.8 lei/kWh (VAT included) for household
customers with an average monthly consumption
between 100 kWh and 300 kWh inclusive, maximum
1 leu/kWh (VAT included) for non-household
customers (household customers are included
according to the average monthly consumption
in 2021, the capped prices will apply for the whole
period regardless of the quantity consumed. In the
case of household customers who were not initially
included in the cap but whose consumption in 2022
is included, suppliers issue regularisation invoices in
February 2023 using the capped price for the period
in which they consumed).
• for natural gas the final price invoiced is: maximum
0.31 lei/kWh (VAT included) for domestic customers,
maximum 0.37 lei/kWh (VAT included) for non-
household customers whose annual consumption
of natural gas in 2021 at the place of consumption
is no more than 50,000 MWh and for thermal energy
producers;
• Customers connected after 1 January 2022 will
be billed with a ceiling: domestic electricity
customers at 0.68 lei/kWh (with minimum ceiling),
domestic gas customers at 0.31 lei/kWh (category
ceiling), non-household electricity customers at
1 leu/kWh (category ceiling) and non-household
gas customers at 0.37 lei/kWh (regardless of
consumption);
• customers who do not fall under the cap will have
monthly adjustable prices, the variable being a
correction component for the purchase price, so that
the cost of the purchase (with PE within 5%) is passed
on to the end customers. The exception is only the
first two months of the application period, when the
price is not adjustable. At the request of
some normative acts in the field of energy for 85%
of the average monthly consumption at the place
of consumption in 2021, in the case of small and
medium-sized enterprises (SMEs), of economic
operators in the field of the food industry, of public
institutions; maximum 1 leu/kWh (VAT included) for
the full consumption of public and private hospitals,
public and private educational institutions, nurseries,
public and private social service providers. In order
to benefit from the facilities provided by this GEO
starting from September 1, 2022, the previously
mentioned non-domestic customers have the
obligation to submit to the electricity supplier a
request accompanied by a declaration on their own
responsibility, within a maximum of 30 days from
the date of entry into force of this GEO. Beneficiaries
falling under the provisions of the GEO who did not
submit the request accompanied by a declaration
on their own responsibility in September 2022, as well
as those established after September 1, 2022, benefit
from the provisions of this GEO starting from the 1st of
the month following their submission to supplier.
• the capped final billed price for natural gas is:
maximum 0.31 lei/kWh (including VAT) in the
case of domestic customers (it also applies to
the consumption places of domestic customers
connected starting from January 1, 2022 or for
domestic customers) that have no history in 2021
with the supplier, by reference to the monthly
consumption achieved); a maximum of 0.37 lei/
kWh (including VAT) in the case of non-domestic
customers whose annual natural gas consumption
achieved in 2021 at the place of consumption is no
more than 50,000 MWh, as well as in the case of
heat energy producers (also applies in the case of
places of consumption of non-household customers
connected starting from January 1, 2022);
• the compensation values, for each supplier, are
determined by ANRE, within 30 days from the date
of receipt of the settlement requests, submitted
and registered at ANPIS (domestic customers),
respectively ME (non-domestic customers) and, in a
copy, to ANRE;
• the maximum value of the weighted average price
of electricity at which ANRE calculates the amounts
to be settled from the state budget for electricity
suppliers is 1,300 lei/MWh;
• starting from September 1, 2022, during the period
of application of the provisions of this emergency
ordinance, electricity producers, aggregated
electricity production entities, traders, suppliers
that carry out trading activity and aggregators that
transact quantities of electricity and /or natural gas
on the wholesale market pay a contribution to the
Energy Transition Fund calculated according to the
methodology in this GEO;
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final customers, suppliers may also conclude supply
contracts under conditions other than those laid
down in the article referring to uncapped customers.
• the subscription is included in the cap; if the price
in the current contracts with end customers is lower
than the capped price, the contract price applies.
• the supply component is 73 lei/MWh for the
electricity supply activity and 12 lei/MWh for the
natural gas supply activity and for the customers
taken over in the last resort it is 80 lei/MWh for the
electricity supply activity and 13.5 lei/MWh for the
natural gas supply activity (the GEO sets the value of
the supply component, without specifying that it is a
maximum).
• for the purchase of electricity and natural gas,
the monthly imbalance must not exceed 5% of
the value of the energy delivered monthly to the
end customers in the portfolio, which exceeds this
threshold will not be recognized and settled; the
purchase made for supply in last resort does not
have balancing costs limited to 5%; the obligation
to establish between 1 April and 31 October 2022
storage deposits of at least 30% of the quantity of
natural gas required for the consumption of end
customers in its portfolio appears
• the recovery of the capping amounts is fully realized
under the condition of respecting the limit of 5%
of the cost with imbalances; the losses registered
from the application of the support scheme in the
period 1 November 2021 – 31 March 2022 can also be
recovered (a supply cost of 73 lei/MWh is accepted
and we have the limit of the cost with imbalances
at 5% of the purchase cost) – for the recovery to
be at a high level it is necessary to invoice all the
consumption, including in the SoLR regime, until the
beginning of May.
• the supplier has the obligation to notify the
customers about the changes resulting from the
application of the provisions of the GEO with the first
invoice sent after the entry into force (the fine is
between RON 100 th. And RON 400 th.).
• Fines: between 1-5% of turnover for non-compliance
with the cap and cost limits; between RON 20 th. And
RON 400 th. For non-compliance with the provisions
for supply as a last resort; between RON 100 th. And
400 RON th. If we do not inform end customers, if
we do not keep differentiated/segmented monthly
customer records, if we do not identify customers for
the application of the cap or if we do not submit the
documents requested by ANRE.
• GEO no. 42/2022 amending and supplementing
Government Emergency Ordinance no. 27/2022 on the
measures applicable to end customers in the electricity
and natural gas market between 1 April 2022 and 31
March 2023, as well as amending and supplementing
certain regulatory acts in the field of energy:
• bilateral contracts concluded on the wholesale
market through direct negotiation are reported to
ANRE by the contracting parties within 2 working days
from the date of conclusion;
• the successive sale of certain quantities of electricity
or natural gas by traders and/or suppliers with
trading activities, with the obvious purpose of
increasing the price, is sanctioned by ANRE, with a
fine of 5% of the turnover;
• GEO no. 153/2022 — Emergency Ordinance for
amending and supplementing the Government’s
Emergency Ordinance no. 27/2022 regarding the
measures applicable to final customers in the electricity
and natural gas market during the period April 1,
2022—March 31, 2023, as well as for the amendment
and completion of some normative acts in the field
of energy and the amendment of the Government
Emergency Ordinance no. 119/2022 for the amendment
and completion of the Government Emergency
Ordinance no. 27/2022 regarding the measures
applicable to final customers in the electricity and
natural gas market during the period April 1, 2022—
March 31, 2023, as well as for the amendment and
completion of some normative acts in the field of
energy.
• for the period January 1, 2023-March 31, 2025, the
mechanism for the centralized purchase of electricity
is established;
• The mechanism provides - OPCOM, as the sole
acquirer, buys electricity from producers (electricity
producers with an installed power greater than or
equal to 10 MW) and sells the purchased electricity
to electricity suppliers who have signed contracts
with customers final, to the electricity transport
and system operator and electricity distribution
operators, to cover own technological consumption;
the price paid by OPCOM to electricity producers,
for the quantities of electricity sold by them, is 450
lei/MWh and OPCOM’s selling price to economic
operators is also 450 lei/MWh (OPCOM has the right
to charge market participants tariffs/ commissions
at the level of costs registered by organizing
the mechanism for the centralized purchase of
electricity); in order to carry out the transactions,
OPCOM organizes an annual procurement procedure,
as well as an additional procurement procedure,
each month, for the quantities of electricity delivered
in the following month; the annual and monthly
amounts of electricity constitute firm obligations
of electricity producers and economic operators
and are evenly distributed over all the settlement
intervals of each month (contracts are concluded by
signing, within a maximum of 3 working days).
• the deadline for submission of documents for the
• Law no. 357/2022 — Law on the approval of the
recovery of amounts capped by the application of
GEO 118/2021 is extended from 15 May to 15 July 2022
• ANRE publishes reporting templates for the
settlement of the capped amounts, templates that
are to be filled in for each category of customers
benefiting from the cap (average unit costs must
be calculated for both regulated network tariffs
and charges); a fine of 50 thousand lei has been
introduced for failure to comply with the instructions
for uploading the templates and for failure to comply
with the deadlines for rectifying the data uploaded
on the IT platform and for resubmitting claims/
statements for settlement;
• in the category of non-household natural gas
customers who benefit from the cap are also thermal
energy producers without exception.
• Law no. 206/2022 for the approval of Government
Emergency Ordinance no. 27/2022 on measures
applicable to end customers in the electricity and
natural gas market between 1 April 2022 and 31 March
2023, as well as for the amendment and completion of
some normative acts in the field of energy
• The main new elements are the following:
• a single invoice form will be introduced, drawn up by
joint Order of ANRE and ANPC;
• final electricity customers, who do not benefit from
capping, are charged the minimum price between
the price in the current supply contract and the final
price resulting from the application of the GEO.
• final gas customers are charged the minimum of the
contract price, the final capped price and the price
resulting from the application of the GEO.
• GEO no. 112/2022 on the establishment of some
measures to stimulate investments financed by
non-reimbursable external funds in the field of
energy efficiency, renewable energy resources for
large enterprises and small and medium enterprises,
green energy from renewable sources for local public
authorities, as well as some measures in the field of
smart specialization, and for the modification and
completion of some normative acts
• regulates the general framework for establishing
energy efficiency/renewable energy measures for
large enterprises and SMEs with funding from non-
reimbursable external funds allocated under the
Large Infrastructure Operational Programme;
• amends and completes GEO 27/2022 with provisions
on the elaboration and approval by ANRE in
consultation with ANPC of the mandatory minimum
content of natural gas/electricity bills so that the
bills contain correct, transparent, clear, legible and
easy to understand information, which will allow
household customers to adjust their own
Government’s Emergency Ordinance no. 119/2022 for
the amendment and completion of the Government
Emergency Ordinance no. 27/2022 regarding the
measures applicable to final customers in the electricity
and natural gas market during
• the period April 1, 2022—March 31, 2023, as well as for
the amendment and completion of some normative
acts in the field of energy
• the final capped invoiced price of electricity supplied
to household customers between January 1, 2023
and March 31, 2025 is:
• 0.68 lei/kWh, including VAT, for consumption between
January 1, 2023 and March 31, 2025 by the following
categories of customers: a) household customers
whose monthly consumption is between 0 and
100kWh inclusive; b) household customers who use
devices, appliances or medical equipment necessary
to carry out treatments, based on an application and
a declaration on their own responsibility submitted
in writing to Electrica Furnizare S.A., following that
the capped final billed price will apply from the
first date of the month following the one in which
the mentioned documents were submitted, c)
household customers who have at least 3 dependent
children up to 18 years old, respectively 26 years
old, if they follow a form of education, based on a
application and a written declaration submitted to
Electrica Furnizare S.A., with the final invoiced price
being applied from the first of the month following
the one in which the mentioned documents were
submitted, d) domestic customers, single-parent
families, who have at least one child up to the age
of 18, respectively 26 years old if he/she follows a
form of education, on the basis of an application
and a self-responsible declaration submitted in
writing to Electrica Furnizare S.A following that the
final invoiced price will apply from the first day of
the month following the one in which the mentioned
documents were submitted.
• 0.80 lei/kWh, including VAT, for consumption between
January 1, 2023 and March 31, 2025 by household
customers whose monthly consumption at the point
of consumption is between 100.01 and 255 kWh.
Electricity consumption between 255 and 300 kWh/
month is invoiced at the price of 1.3 lei/kWh, including
VAT. If the consumption exceeds 300 kWh/month, the
entire consumption is invoiced at the price of 1.3 lei/
kWh, including VAT.
• 1.3 lei/kWh, including VAT, for household consumers
who are not provided for above.
• the ceilings in terms of electricity prices applicable to
non-domestic final customers, are:
• maximum 1 leu/kWh, for 85% of the average monthly
consumption achieved at the place of consumption
(application and declaration on the
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consumption and compare the commercial supply
conditions, i.e. suppliers are obliged to implement in
the information system the provisions on the unit bill
starting with consumption in April 2023.
• Law no. 248/2022 approving Government Emergency
Ordinance no. 143/2021 amending and supplementing
the Electricity and Natural Gas Law no. 123/2012 and
amending some normative acts
Approves GEO 143/2022 with amendments and
additions regarding:
• definition of renewable energy, definition of
economic efficiency, definition of prosumer
(completed with mobile unit equipped with electricity
generation systems during regenerative braking);
• ANRE’s obligations to promote the comparator,
provide access to an application programming
interface (API) for software developers, publish
aggregated data within 30 days;
• generators are obliged to trade at least 40% of their
annual electricity production through contracts on
electricity markets other than DAM, PI and PE (except
for generation capacities commissioned after 1 June
2020);
• the supplier has the obligation to ensure at least 40%
of the electricity necessary to cover the consumption
of the final customers in the portfolio from its own
production or through the purchase by forward
contracts on the electricity markets, other than DAM,
PI and PE;
• prosumers, natural and legal persons and local
public administration authorities that own power
plants producing energy from renewable sources
are exempted from the obligation of annual and
quarterly purchase of green certificates for their
own final consumption; prosumers can also request
quantitative compensation of regenerative energy
resulting from regenerative braking;
• in the case of household customers, authorised
natural persons, sole proprietorships, family
businesses and public institutions connecting to
the low voltage grid, the distribution operator will
reimburse the applicant within 5 years, the actual
cost of the design and execution of the connection,
up to an average value of a connection, established
according to a methodology approved by ANRE, the
recovery of the costs of connection of household
customers is made with accelerated depreciation
over a period of 5 years, through distribution tariffs;
• In the case of non-household customers, the value
of the connection work is borne in full by them, the
resulting assets do not become the property of the
distribution operator but are only transferred to the
operator for exploitation;
personal responsibility of the legal representative)
for: SMEs, Regional Operators (Law no. 51/2006),
Transport Company with The Bucharest Metro
«Metrorex» – S.A., as well as the airports, which are
subordinated/coordinated or under the authority
of the Ministry of Transport and Infrastructure,
the economic operators in the field of the food
industry, identified by CAEN code 10, as well as those
in the field of agriculture and fishing, identified
by CAEN code 01 and 03, local public authorities
and institutions, decentralized public services of
ministries and other central bodies, companies and
commercial companies of county, municipal or local
interest, autonomous governments and all public
and private entities that provide a public service,
institutes national research and development;
• maximum 1 leu/kWh, for the full consumption of
public and private hospitals, public and private
educational units, nurseries and public and
private providers of social services provided in the
Nomenclature of social services;
• a maximum of 1 leu/kWh, including VAT, for 85% of
the monthly consumption made at the place of
consumption of public institutions, other than those
previously provided for, as well as for the places
of consumption belonging to the cults officially
recognized in Romania;
• non-household customers who do not fall into one
of the above categories pay the price capped at a
maximum of 1.3 lei/kWh, including VAT.
• GEO no. 192/2022 — Emergency Ordinance for amending
and supplementing the Government’s Emergency
Ordinance no. 27/2022 regarding the measures
applicable to final customers in the electricity and
natural gas market during the period April 1, 2022—
March 31, 2023, as well as for the amendment and
completion of some normative acts in the field of
energy.
• benefit from the final invoiced electricity price of a
maximum of 0.68 lei/kWh for household customers
whose place of consumption is occupied by persons
who use devices, appliances or medical equipment
powered from the electrical network, necessary
for carrying out medical treatments based on
confirmation from the specialist doctor and of a
request submitted to the supplier; for the month of
January 2023, instead of the medical confirmation,
a self-responsible declaration is submitted; the
capped final invoiced price is applied from the first
day of the month following the one in which the
previously provided documents were submitted;
• capping also applies to places of consumption
used on the basis of a rental contract, the following
documents are submitted to the supplier by the
household customer: the application regarding the
application of the capped price, the copy of
• GEO no. 119/2022 – Emergency Ordinance amending
and supplementing Government Emergency Ordinance
no. 27/2022 on the measures applicable to end
customers in the electricity and natural gas market
between 1 April 2022 and 31 March 2023, as well as
amending and supplementing certain regulatory acts
in the field of energy
• the period of application of the support (capping)
scheme is 1 September 2022-31 August 2023,
• the final capped invoiced price for electricity is:
maximum 0.68 lei/kWh, (VAT included) for household
customers whose average monthly consumption
at the place of consumption in 2021 was between
0-100 kWh inclusive; maximum 0.80 lei/kWh (VAT
included) for household customers whose average
monthly consumption at the place of consumption
in 2021 was between 100.01-300 kWh – for a monthly
consumption which is maximum 255 kWh; maximum
1 leu/kWh (VAT included) for 85% of the average
monthly consumption at the place of consumption
in 2021 for small and medium-sized enterprises
(SMEs), economic operators in the food industry,
public institutions; maximum 1 leu/kWh (VAT
included) for the full consumption of public and
private hospitals, public and private education units,
nurseries, public and private social service providers.
In order to benefit from the facilities provided for
by this GEO, starting from 1 September 2022, the
above-mentioned non-household customers are
obliged to submit to their electricity supplier a
request accompanied by a declaration on their own
responsibility, within a maximum of 30 days from the
date of entry into force of this GEO. Beneficiaries who
fall within the provisions of the GEO and who have
not submitted their application accompanied by a
declaration on their own responsibility in September
2022, as well as those established after 1 September
2022, shall benefit from the provisions of this GEO
starting from the 1st of the month following their
submission to the supplier.
• the final capped invoiced price for natural gas is:
maximum 0.31 lei/kWh (VAT included) for household
customers (also applies to consumption sites of
household customers connected from 1 January 2022
or for household customers who have no history with
the supplier in 2021, based on monthly consumption);
maximum 0.37 lei/kWh (VAT included) for non-
household customers whose annual consumption
of natural gas in 2021 at the consumption site is
50,000 MWh, as well as in the case of thermal energy
producers (also applies to the consumption places
of non-household customers connected as of 1
January 2022);
• the values and tranches foreseen for the capping
scheme may be modified by Government decision,
depending on the developments on the domestic
and international electricity and natural gas markets
the rental contract, the tenant’s self-responsible
declaration that he falls under one among the
categories benefiting from Ceilings or medical
confirmation, as the case may be.
• the ceiling on electricity is applied to all places of
consumption of a household customer, depending
on the consumption made at each of them.
• the annual and monthly centralized procurement
mechanisms (MACEE) are modified in terms of the
transmission of forecasts and purchased quantities,
guarantees, payments, etc.
• 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
• 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 no. 32/2023 – Emergency Ordinance for amending
and supplementing Government Emergency Ordinance
no. 166/2022 regarding some measures to provide
support to categories of vulnerable people for the
compensation of the energy price, partially supported
by external non-reimbursable funds.
GEO 166/2022 is amended/supplemented with the
following specifications:
• if several beneficiaries of the support are domiciled
or reside at a place of consumption, it will be granted
only once per place of consumption, regardless of
whether or not it is the holder of the supply contract,
provided that the place of consumption coincides
with the domicile or the residence of the beneficiary
of support, respectively with the address mentioned
in the document that certifies the inclusion in one of
the beneficiary categories;
• to make a payment by means of energy cards, the
beneficiaries must present the following documents:
the energy card valid on the date on which the
payment is made, the identity document of the
beneficiary, in original; supporting documents
proving the current and/or outstanding debt to
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Ministry of Finance according to GEO no. 186/2022),
are used to replenish the account – the Energy
Transition Fund (according to the provisions of GEO
no. 27/2022 regarding the measures applicable to
end customers from the electricity and natural gas
market in the period 1 April 2022- 31 March 2023, as
well as for the amendment and completion of some
normative acts in the field of energy, approved with
amendments and additions by Law No. 206/2022,
with subsequent amendments and additions.)
and will be used for payment by ME/ANPIS of
compensations to suppliers.
• GEO no. 90/2023 – Emergency ordinance for the
approval of some measures to reduce budget
expenditures for the year 2023 in order to fit into the
budget deficit target assumed by the Convergence
Program, as well as for the modification and completion
of some normative acts.
• is amended/supplemented art. 9 para. 10 and 12
of GEO 27/2022, with subsequent amendments
and additions, specifying that the payments
are made from the Energy Transition Fund and
from other legally constituted sources (ANRE will
transmit the values related to the compensations
to the National Agency for Payments and Social
Inspection, respectively the Ministry of Energy,
and they make the payment to suppliers of the
amounts representing the value of compensation for
consumption made from the Energy Transition Fund
and from other legally constituted sources).
and on the geopolitical developments in Romania’s
neighbourhood;
• the electricity and gas supply component is 73 lei/
MWh for electricity supply and 12 lei/MWh for gas
supply;
• the amounts of compensation for each supplier shall
be determined by ANRE within 30 days from the date
of receipt of the settlement requests submitted and
registered with ANPIS (domestic customers) and ME
(non-domestic customers) respectively, and copied
to ANRE;
• the maximum value of the weighted average
electricity price at which ANRE calculates the
amounts to be settled from the state budget for
electricity suppliers is 1,300 lei/MWh;
• Starting from 1 September 2022, during the period
of application of the provisions of this Emergency
Ordinance, electricity generators, aggregated
electricity generating entities, traders, suppliers
carrying out trading activities and aggregators
trading quantities of electricity and/or natural gas on
the wholesale market shall pay a contribution to the
Energy Transition Fund calculated according to the
methodology of this GEO;
• bilateral contracts concluded on the wholesale
market by direct negotiation are reported to ANRE by
the contracting parties within 2 working days from
the date of conclusion;
• the successive sale of quantities of electricity or
natural gas by traders and/or suppliers with trading
activities, with the deliberate aim of increasing the
price, is sanctioned by ANRE with a fine of 5% of the
turnover;
• GEO no. 153/2022 – Emergency Ordinance for amending
and supplementing Government Emergency Ordinance
no. 27/2022 on the measures applicable to end
customers in the electricity and natural gas market
between 1 April 2022 and 31 March 2023, as well as
for amending and supplementing certain regulatory
acts in the field of energy and amending Government
Emergency Ordinance no. 119/2022 amending and
supplementing Government Emergency Ordinance No.
27/2022 on the measures applicable to final customers
in the electricity and natural gas market between 1
April 2022 and 31 March 2023, as well as amending and
supplementing certain regulatory acts in the field of
energy
• for the period from 1 January 2023 to 31 March 2025,
the centralised electricity purchase mechanism shall
be established
• The mechanism provides – OPCOM, as the single
buyer, buys electricity from producers (electricity
producers with an installed capacity of 10 MW
or more) and sells the purchased electricity to
electricity suppliers that have contracts with end
the energy supplier that must be issued after 1
January 2023 and for energy consumption after
1 February 2022 or, as the case may be, the debt
validation certificate obtained from the homeowners
association.
• Law no. 206/2023 – Law on the approval of the
Government Emergency Ordinance no. 153/2022 for
the amendment and completion of the Government
Emergency Ordinance no. 27/2022 regarding the
measures applicable to final customers in the electricity
and natural gas market during the period 1 April
2022— 31 March 2023, as well as for the amendment
and completion of some normative acts in the field
of energy and the amendment of the Government
Emergency Ordinance no. 119/2022 for the amendment
and completion of the Government Emergency
Ordinance no. 27/2022 regarding the measures
applicable to final customers in the electricity and
natural gas market during the period 1 April 2022—
31 March 2023, as well as for the amendment and
completion of some normative acts in the field of
energy
• GEO no. 153/2022 is approved (GEO no. 27/2022, GEO
no. 119/2022 and GEO no. 153/2022 are amended),
with modifications regarding the recognized average
purchase price (it drops from 1300 lei/MWh to 900
lei /MWh), the regularization of non-domestic final
customers, who did not benefit from capping in 2021,
but who, depending on the consumption achieved
in 2022, have the right to benefit (the deadline for
regularization is the second semester of 2023),
the application of the minimum price between the
price resulting from the application of the GEO, the
capped price and the contract price, the application
of the adjustment component (failure to fulfil the
obligations listed above is sanctioned with a fine of
between 1% and 5% of the turnover).
• Law no. 237/2023 – Law on the integration of renewable
and low-carbon hydrogen in the industry and transport
sectors
• has as its object the establishment of measures for
fuel suppliers and for industrial hydrogen consumers,
in order to integrate hydrogen from renewable
sources and with low carbon emissions in the
industry and transport sectors.
• Ordinance no. 30/2023 – Ordinance for the
establishment of budgetary measures regarding the
use of the solidarity contribution established by the
Government’s Emergency Ordinance no. 186/2022
on some measures to implement Council Regulation
(EU) 2022/1.854 of 6 October 2022 on an emergency
intervention to address the problem of high energy
prices
• the amounts corresponding to the solidarity
contribution collected in 2023 (in the account of the
customers, electricity transmission and system
operators and electricity distribution operators to
cover their own technological consumption; the
price paid by OPCOM to electricity producers for the
quantities of electricity sold by them is 450 lei/MWh
and the OPCOM sales price to economic operators
is also 450 lei/MWh (OPCOM has the right to charge
market participants tariffs/commissions at the level
of the costs incurred through the organisation of
the centralised electricity purchase mechanism);
OPCOM organises an annual purchase procedure
and an additional purchase procedure each month
for the quantities of electricity to be delivered in the
following month; the annual and monthly quantities
of electricity are binding obligations of the electricity
producers and economic operators and are
distributed evenly over all the settlement intervals of
each month (the contracts are concluded by signing
within a maximum of 3 working days).
• GEO no. 163/2022 – Emergency Ordinance for the
completion of the legal framework for the promotion of
the use of energy from renewable sources, as well as
for the modification and completion of some normative
acts
• completes the legal framework established by Law
no. 220/2008, by laying down rules on: financial
support for electricity from renewable sources, self-
consumption of this type of electricity, the use of
energy from renewable sources in the heating and
cooling and transport sectors, regional cooperation
between Romania and Member States and third
countries, guarantees of origin for energy from
renewable sources, applicable administrative
procedures, regulations and codes, information
and training of both relevant stakeholders and
consumers on the practical, including technical
and financial, aspects of the development and use
of energy from renewable sources, sustainability
and greenhouse gas emission reduction criteria for
biofuels, bioliquids and biomass fuels. Defines new
notions: prosumers acting collectively, renewable
energy community, etc.
• the central public administration authorities and
ANRE may apply taxes and tariffs to renewable
energy consumers in one or more of the following
cases: if self-produced renewable electricity is
effectively supported through support schemes,
as of 1 December 2026, if the installed capacity of
the prosumers’ power plants exceeds 8% of the
total installed capacity of the national electricity
generation capacity or if self-produced renewable
electricity is produced in installations with a total
installed capacity of electricity above 30 kW.
• GEO no. 166/2022 – Emergency Ordinance on some
measures for granting support to vulnerable categories
of people to compensate for the price of energy, partly
supported by non-reimbursable external funds
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• -
people with low incomes (pensioners of the
public pension system whose monthly income is less
than or equal to RON 2,000, people with serious, severe
or medium disability, whose own monthly income is
less than or equal to RON 2,000 and other categories)
will receive from the state this year an aid of RON
1,400, money that they can use to pay bills or debts for
electricity, centralized thermal energy, gas, gasoline,
firewood and others. The support for paying energy
bills will be RON 1,400, which will be granted in two
equal instalments of RON 700 each, in February and
September 2023.
• Law no. 357/2022 – Law on the approval of Government
Emergency Ordinance no. 119/2022 for the modification
and completion of Government Emergency Ordinance
no. 27/2022 on 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
the modification and completion of some normative
acts in the field of energy
• GEO no. 119/2022 is approved for the modification
and completion of GEO no. 27/2022 with some
amendments; the electricity price cap is extended
until 31 March 2025;
• the final capped invoiced price of electricity
supplied to household customers between 1
January 2023 and 31 March 2025 is:
• 0.68 lei/kWh, VAT included, for consumption during
the period 1 January 2023 – 31 March 2025 by the
following categories of customers: a) household
customers whose monthly consumption is
between 0 and 100kWh inclusive; b) household
customers who use medical devices, appliances
or equipment necessary for treatments, based
on an application and a declaration on their own
responsibility submitted in writing to Electrica
Furnizare S.A., and the capped final invoiced
price will be applied from the date of the fifth
of the month following the month in which the
mentioned documents have been submitted, c)
domestic customers who have at least 3 children
under 18 years of age, respectively 26 years of
age, in case they follow a form of education, on
the basis of a request and a declaration on their
own responsibility submitted in writing to Electrica
Furnizare S.A., following that the final invoiced
price will be applied from the date of the fifth
of the month following the month in which the
mentioned documents were submitted, d) single-
parent families, who have at least one child under
18 years of age, respectively 26 years of age in
case the child is attending a form of education,
on the basis of an application and a declaration
on their own responsibility submitted in writing to
Electrica Furnizare S.A., the final billed price will
apply from the first day of the month following
the one in which the mentioned documents were
submitted.
• 0.80 lei/kWh, VAT included, for consumption
during the period 1 January 2023 – 31 March
2025 by household customers whose monthly
consumption at the place of consumption
is between 100.01 and 255 kWh. Electricity
consumption between 255 and 300 kWh/month is
invoiced at a price of 1.3 lei/kWh, VAT included. If
consumption exceeds 300 kWh/month, the entire
consumption is invoiced at the price of 1.3 lei/kWh,
VAT included.
• 1.3 lei/kWh, VAT included, for household consumers
not covered above.
• the ceilings for electricity prices applicable to non-
household final customers are:
• maximum 1 leu/kWh, for 85% of the average
monthly consumption at the place of
consumption (application and affidavit of the
legal representative) for: SMEs, Regional Operators
(Law no. 51/2006), Bucharest Metro Transport
Company “Metrorex” – S.A., as well as airports,
which are under the subordination/coordination
or authority of the Ministry of Transport and
Infrastructure, economic operators in the field of
food industry, identified by CAEN code 10, as well
as those in the field of agriculture and fishing,
identified by CAEN codes 01 and 03, local public
authorities and institutions, deconcentrated
public services of ministries and other central
bodies, companies and commercial companies
of county, municipal or local interest, autonomous
companies and all public and private entities
providing a public service, national research and
development institutes;
• maximum 1 leu/kWh, for the full consumption of
public and private hospitals, public and private
education units, nurseries and public and private
providers of social services as listed in the
Nomenclature of Social Services;
• maximum 1 leu/kWh, VAT included, for 85% of
the monthly consumption made at the place of
consumption of public institutions, other than
those mentioned above, as well as for places of
consumption belonging to officially recognized
cults in Romania;
• non-household customers who do not fall into one
of the above categories pay a price capped at a
maximum of 1.3 lei/kWh, including VAT.
• As regards the price of natural gas to non-household
customers, the beneficiaries of the price capped at a
maximum of 0.37 lei/kWh, including VAT, include non-
household customers in industrial parks regulated
by Law no. 186/2013, as well as those in closed
distribution systems defined under Law no. 123/2012.
In addition, the consumption limit of 50,000 MWh
will refer to the year prior to the current year (not to
2021); for consumption places of non-household
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customers connected after 1 January 2022, the
cap will apply only within the limit of an annual
consumption of no more than 50,000 MWh.
• the principle is maintained that, when billing
electricity and natural gas, suppliers must apply the
lower of (i) the maximum capped final price, (ii) the
contract price or (iii) the final price calculated in
accordance with the provisions of Articles 5 and 6,
only in the case of natural gas.
• GEO no. 192/2022 – Emergency Ordinance amending
and supplementing Government Emergency Ordinance
no. 27/2022 on the measures applicable to end
customers in the electricity and natural gas market
between 1 April 2022 and 31 March 2023, as well as
amending and supplementing certain regulatory acts
in the field of energy:
• the final invoiced price for electricity of maximum
0.68 lei/kWh is applied to household customers
whose place of consumption is inhabited by persons
who use medical devices, appliances or equipment
supplied from the electricity grid, necessary for
medical treatment on the basis of a confirmation
from the medical specialist and a request submitted
to the supplier; for January 2023, instead of the
medical confirmation, a declaration on own
responsibility is submitted; the final invoiced price
capped is applied from the date of the fifth of the
month following the month in which the documents
mentioned above were submitted;
• the capping also applies to places of consumption
used on the basis of a rental contract, the following
documents must be submitted to the supplier by
the household customer: the application for the
application of the capped price, the copy of the
rental contract, the tenant’s affidavit that he/she
falls into one of the categories benefiting from the
capping or the medical confirmation, as the case
may be.
• The electricity cap applies to all consumption
points of a household customer according to the
consumption at each of them.
• the annual and monthly centralised purchasing
mechanisms (MACEE) are modified with regard
to the transmission of forecasts and quantities
purchased, guarantees, payments, etc.
b. Secondary legislation:
b. Secondary legislation:
During the reporting period, changes and additions to the
regulatory framework were made in the following areas of
activity and regulation:
During the reporting period, changes and additions to the
regulatory framework were made in the following areas of
activity and regulation:
• ANRE Order no. 64/2022 – amending and
supplementing the Performance Standard for the
electricity distribution service, approved by Order
no. 46/2021 of the President of the National Energy
Regulatory Authority.
• the reading interval of the metering group index
is set by contract and can be longer than one
month, but must not exceed 3 months for household
customers and 6 months for non-household end
customers, for consumers it is one calendar month,
for users benefiting from smart metering systems
OD is obliged to provide access to historical
consumption data (failure to comply with these
deadlines leads to the payment of compensation);
• sets a timetable for monitoring substations and
transformer points – final implementation deadline is
01.01.2028
• ANRE Order no. 131/2022 – Order approving the
Performance Standard for the natural gas distribution
service
• is established: the level of general performance
indicators for the following activities (i.e. registration
and settlement of complaints/claims/requests
from users regarding the gas distribution service,
access/contracting of the gas distribution service,
compliance with the conditions for delivery/take-
back of gas; connection to the gas distribution
system; restoration of land and/or property affected
by the execution of works on the gas distribution
system objectives; the interruption/limitation/
resumption of the natural gas distribution service),
the compensations that the distribution operators
are obliged to pay in case of non-compliance
with their obligations under this Order; the specific
performance indicators of the distribution operators’
activities; the way of reporting by the distribution
operators of the information on the quality and
performance of their activities; the way of evaluating
the activities of the distribution operators.
• ANRE Order no. 3/2022 approving the Regulation on
the organization and operation of the online platform
for changing the electricity and gas supplier and for
contracting the supply of electricity and natural gas:
• application deadline – 28 August 2022;
• initiated in order to achieve the objective set by the
European legislation on the change of supplier within
24 hours, starting from 2026;
• ANRE is the administrator and operator of the
platform where data will be uploaded by
• ANRE order no. 5/2023 — Order for the approval of
the Regulation for the supply of electricity to final
customers, as well as for the modification and
completion of some orders of 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:
• 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
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• end customers, suppliers, network operators,
aggregators, etc. (including the standard offers
of suppliers), which will mediate the process
of changing supplier through the necessary
administrative and technical steps and through
which customers will be able to contract a new
supplier;
• The regulation also details the rules on the
conclusion of the supply contract, i.e. the actual
procedure for changing the supplier, which will
replace the current procedure.
• ANRE Order no. 91/2022 – for the approval of the
Regulation on the last instance supply of electricity
• -
The Regulation for the designation of the last
instance suppliers of electricity – Ord. ANRE no.
188/2020, the Regulation on the taking over by
suppliers of last resort of consumption places of
final customers who have not ensured the supply
of electricity from any other source – Ord. ANRE no.
242/2020 and the Framework Contract for the supply
of electricity to final customers taken over by the
supplier of last resort.
• -
the introduction of the obligation for the SoLR
with the largest market share in a network area to
take over consumption places which, at the date
of entry into force of ANRE Order No 91/2022, do not
have a supply contract and are not disconnected;
• -
introduction of an alternative system for
nominating SoLRs that automatically takes over
customers on a monthly rotation basis. Thus, for
this purpose, the list of the SoLRs is established in
descending order of market share, each SoLR in the
list being nominated in turn, on a monthly basis, to
automatically take over customers who are without a
supplier in that month. For periods when no support
measures are imposed by primary legislation, the
nomination system implies the obligation for the
SoLR to transmit the last resort price at least 7 days
before the month for which the nomination is made,
so that the SoLR Nomination List is known, within
a timeframe that allows the transmission of the
takeover request;
• -
the introduction of automatic takeover by the
nominated SoLR of non-household customers with a
power approved by the technical connection notice/
connection certificate of no more than 1 MVA, in the
event of termination of the electricity supply contract
by the current supplier;
• -
Limiting the period of time a customer can be in
the portfolio of an SoLR to 12 months for household
and non-household customers up to 1 MVA and
6 months for non-household customers above 1
MVA. 30 days prior to the date of termination of
the contractual relationship, the SoLR shall notify
customers of the termination of the electricity supply,
or, if applicable, the extension of the supply
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);
• the acceptance of household customers was
extended with new categories;
• to the standard offers for non-households, the
definition of microenterprise from L123 has been
aligned (categorization by consumption, not by
turnover/number of employees). The obligation
to display standard offers at the single points of
contact has disappeared. In the information of the
offer, the unit value of the taxes / commissions /
fees / contributions will be entered. It is no longer
mandatory to include the main conditions from
the contract in the offer, but new elements are
introduced, to be included in the offer;
• a place of consumption can be supplied by
several suppliers without being conditioned by the
power of 1 MW.
• the minimum elements of the tripartite/
multipartite convention are specified without
imposing a framework convention;
• in the contract, the unit value of the taxes /
commissions / fees / contributions will be entered
in the same way as in the offer. A new price
element appears – Final invoiced price = supply
price + all fees, taxes unit). At the conclusion of the
contract, the supplier’s web page must contain
links to POSF;
• when invoicing, there are explicit mentions
of normative acts incident to the period of
application (i.e. capping). For all household
customers (including eligible household –
competitive) and SoLR customers, the billing
period is monthly. For all household customers,
for consumption made starting from 01 April 2023,
the invoice model for SU is respected. All invoices
for consumption registered starting from 01 April
will contain a minimum set of information. New
clauses for payment scheduling.
• 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
period, specifying the period for which it will supply
electricity. If, at the end of the period, customers
have not succeeded in concluding a contract on the
competitive market, they may continue to benefit
from the services of an SoLR if they so request.
• ANRE Order no. 110/2022 – amending and
supplementing the Regulation on the last resort supply
of natural gas, approved by Order of the President of
the National Energy Regulatory Authority no. 173/2020
• in order to ensure the supply under the LR regime
to final customers who do not have supply from
any other source, ANRE shall designate a number
of at least 7 SoLRs, whose cumulative market share,
calculated for the competitive market by the equal
weight of the number of consumption places of final
customers and the quantity of natural gas sold to
them in the last 12 months, shall be at least 70%. The
shares on the competitive market of the suppliers
designated as SoLR at the time of the analysis shall
be taken into account, except for those for which a
decision has been issued stating the termination of
the applicability of the SoLR designation decision;
• if a supplier has been designated as an SoLR by
selection based on availability and eligibility, it may
resign from the SoLR status, upon request, if the
following cumulative conditions are met: a) at least
1 year has passed since the date of designation, b)
at the date it wishes to resign, it does not have in its
portfolio any clients taken over in the SoLR;
• if a supplier has been designated as an SoLR by
selection based on eligibility and capability, it
may renounce the SoLR status, upon request, if the
following cumulative conditions are met: a) at least 1
year has passed since the date of designation, b) the
list of designated SoLRs contains at least 7 suppliers
whose cumulative market share is at least 70%, c) at
the date it wishes to renounce, it does not have in its
portfolio customers taken over in the SoLR;
• For consumption sites with an annual consumption
less than or equal to 28,000 MWh, the SoLR shall
decide at its discretion whether to extend the period
for ensuring the supply of natural gas under the LR
regime to the consumption sites of customers taken
over after the minimum period has been reached
and shall notify the customers taken over at least
30 days before the end of the supply of natural gas
under the LR regime. The notification may contain
attached an offer to supply natural gas on a
competitive basis;
• the activity of supplying natural gas under the LR
regime for final customers whose consumption
places are automatically taken over is carried out
in compliance with the framework contract for the
supply of gas under the LR regime:
a) without the need to sign the contract with the
SoLR, for the consumption site with an annual
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, fulfil their obligation
regarding the establishment of the minimum stock of
natural gas by:
• 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
• the conclusion, by 31 May of each year, of sales-
purchase contracts whose object is natural gas
quantities from underground natural gas storage
facilities, stored by another natural gas supplier;
and/or
• concluding mandate contracts with another
supplier, in order to store natural gas.
• ANRE order no. 14/2023 — Order regarding the
modification and completion of some orders of the
president of the National Energy Regulatory Authority
and repealing the Order of the president of the National
Energy Regulatory Authority no. 96/2015 for the approval
of the Regulation on the activity of informing end
customers of electricity and natural gas
• amendment of the Regulation regarding the supply
of natural gas to final customers, approved by Order
of the President of ANRE no. 29/2016; definitions
were introduced for each of the components of the
final invoiced price; it has been stipulated that in
the case of vulnerable customers it is possible to
pay the invoice in installments, upon request, for
a period of 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 supplier
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consumption less than or equal to 28,000 MWh; if
the taken-over customer requests the SoLR to sign
and send the contract for the supply of natural
gas under the LR regime concluded with the SoLR,
the SoLR is obliged to send it to the customer
within a maximum of 5 working days;
b) on the basis of a supply contract concluded and
signed with the SoLR, for the place of consumption
with an annual consumption of more than 28,000
MWh; during the period between the date of
takeover by the SoLR and the date of signing of the
LR contract, between the customer taken over and
the SoLR, the SoLR is allowed to provide the activity
of supply of natural gas under LR for the places of
consumption of the customer taken over without
the existence of a contract signed with the latter,
in compliance with the framework contract for the
supply of natural gas under LR;
• The SoLR has the right to ask the final customer with
an annual consumption of more than 28,000 MWh
to provide a financial guarantee, after the date
of transmission of the takeover information/after
receipt of the customer’s request for takeover under
the LR regime; The amount of the financial guarantee
is set by order and must be provided within 5 working
days from the date of receipt of the request. The
client may be given the option of opting for payment
in advance.
• termination of the obligation to supply natural gas
under the LR regime: on the date from which the
contract for the supply of natural gas under the
competitive regime concluded by the customer
taken over with a competitive supplier takes effect,
on the expiry of the duration provided for the
situations under Article 24 para. (2) (i.e. minimum
12 months from the date of takeover, one month
from the date of takeover, date of termination of
the suspension of the NG supply licence of the FA,
duration established by ANRE, etc.), in case of non-
payment of invoices, in case of non-constitution of
the financial guarantee (for final customers with
annual consumption higher than 28,000 MWh)/non-
payment of the advance invoice/daily invoice, in
case of disagreement on the resumption by the SoLR,
in case of non conclusion of the SoLR contract (when
this obligation exists);
• throughout the period of application of the provisions
of the support scheme, the SoLR does not transmit
the values of the price components for the supply of
gas under the LR regime for the following calendar
month (CU_ach-FUI_estimated, CU_fz-FUI_
estimated, CU_tr-FUI);
• by derogation, for the period of application of the
provisions of the support scheme, ANRE establishes
and publishes on the website the SoLR ranking in
ascending order of market share for the last month,
calculated by the equal weighting of the number
• 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
• the modification and completion of the Methodology
for monitoring the natural gas market, by integrating
all aspects regarding the monitoring of the wholesale
market, which appeared once REMIT came into force;
the responsibilities according to REMIT, specific to the
owners of the administration of centralized markets
and TSOs, were included; provisions were introduced
regarding the forms that each license holder must
report separately, with their clear identification –
updating and creating new reporting forms;
• is repealed ANRE Order no. 5/2013 for 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
of consumption places of final customers and the
quantity of natural gas sold to them. Starting from
September 2022, each SoLR will be allocated one
calendar month, in order of ranking;
• in the event of any of the above (i.e. FA loses supplier
status, suspension of FA licence, etc.) during the
period of application of the provisions of the support
scheme, the consumption places will be taken
over by an SoLR nominated by ANRE from the SoLRs
designated on the basis of: a) the criterion of the
month of allocation, b) the criterion of the takeover
capacity, by verifying the fulfilment of the condition
that the total number of consumption places taken
over should not be higher than 30% of the number of
consumption places of the final customers in their
own portfolio, which ensure the supply of natural
gas in a competitive regime, c) the criterion of the
takeover availability;
• The SoLR that has the obligation to take over, at the
request of the final customer, the consumption site
with an annual consumption of more than 28,000
MWh is the SoLR of the respective calendar month,
established by ANRE through the SoLR Classification;
• The SoLR nominated to automatically take over the
consumption place with an annual consumption
less than or equal to 28,000 MWh is the SoLR of the
respective calendar month established by ANRE
through the SoLR ranking. By exception, in the case
where the supply contract has been terminated
due to unilateral termination by the customer, it is
taken over on request by the SoLR of the respective
calendar month;
• for customers with an annual consumption of more
than 28,000 MWh, in case of termination of the
contract with the FA/SoLR, if the final customer does
not find a supplier, the customer has the right to
request any SoLR among those designated by ANRE
to ensure the supply under the LR regime.
• ANRE Order no. 4/2022 amending and supplementing
ANRE Order no. 143/2020 on the obligation to offer
natural gas on centralized markets to natural gas
producers whose annual production in the previous
year exceeds 3,000,000 MWh:
• the quantitative allocation for tender for each of the
standardised products for the period from 1 January
to 31 December 2022 has been adjusted.
• ANRE Order no. 65/2022 – for the approval of the
Regulation on the organized framework for electricity
contracting by large end customers
• simplification of the organised electricity contracting
framework for large end customers (with an annual
consumption of more than 70,000 MWh) established
by ANRE Order no. 55/2012: elimination of the
obligation to use the framework contract, extension
of market participation by accepting OTS and OD
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
• updating the aspects related to data reporting
by electricity suppliers that invoice electricity to
final consumers, regarding the mode and format
of reporting carried out through the ANRE Portal,
structured on information regarding the monthly
billing of green certificates and information
regarding the annual regularization of the counter
value of green certificates;
• 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
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exclusively for the purchase of NL, reduction of the
average power per settlement interval from 10 MW
to 5 MW, the possibility for the initiator to opt for the
variation of the contracted power per settlement
interval with a maximum of 0.5 MW per settlement
interval, minimum delivery duration of one month,
elimination of the public negotiation phase.
• ANRE Order no. 66/2022 – for the approval of the
Methodology for determining the level of minimum
natural gas stocks that holders of natural gas supply
licenses are obliged to build up between April 2022 and
October 2022
• the quantities of natural gas representing the
minimum stocks to be stored by each supplier in
the period April 2022 – October 2022 represent at
least 30% of the quantity of natural gas required
for the consumption of final customers in its own
portfolio for the period 1 November 2022 – 31 March
2023 (reporting templates are established with
the quantity broken down by each month and
category of consumers and monitoring templates
with the level of fulfilment of the natural gas storage
obligation).
• ANRE Order no. 73/2022 amending the Regulation on
the organised framework for electricity contracting
by large end customers, approved by Order of the
President of the National Energy Regulatory Authority
no. 65/2022
• the possibility of introducing initiating offers also by
the producers participating in the market.
• deletion of the clarification that large end-use
customers of electricity include transmission system
operators and distribution system operators that
purchase electricity individually or in aggregation to
cover their own technological consumption, they can
participate in the market as end-use customers.
• ANRE Order no. 72/2022 approving the Regulation on
natural gas storage in the natural gas transmission
system
• The regulation covers: the methods of natural gas
storage (storage of natural gas in the natural gas
transmission system, in the natural gas transmission
pipeline, in ring pressure distribution systems and in
above ground metallic tanks), the calculation of the
energy of natural gas in the transmission pipelines
related to ST and the monitoring of ST.
• ANRE Order no. 79/2022 – for the approval of the
Regulation for the organization and functioning of the
forward electricity contracts market, organized by Bursa
Romana de Marfuri – S.A.
• establishes the organized framework for electricity
trading on the forward electricity contracts market,
through electronic trading platforms managed by
Bursa Romana de Marfuri – S.A. (simple competitive
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
• the new rates are applicable from 01 April 2023;
• the average tariff for the electricity transmission
service is 31.20 lei/MWh – 11% increase;
• the transport tariff – the component of introducing
electricity into the network – TG is 4.04 lei/MWh –
59.7% increase;
• the transport tariff – the component of electricity
extraction from the network – TL- is 27.44 lei/MWh –
7.3% increase.
• 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
trading mechanism – for the launch of trading of
the standard product, the participant submits to the
BRM an initiating order, double competitive trading
mechanism – the launch of trading of the standard
products is also initiated by the BRM so that there are
available for trading at any time consecutive forward
contracts for: the first 6 calendar months, the first 5
calendar quarters, the first 3 calendar semesters, the
first 2 calendar years).
• ANRE Order no. 92/2022 – amending and
supplementing the Regulation on the calculation and
settlement of imbalances of balancing parties – single
imbalance price, approved by Order of the President of
the National Energy Regulatory Authority no. 213/2020,
and amending some orders of the President of the
National Energy Regulatory Authority
• redistribution has been reintroduced, i.e. the rules
for calculating the additional costs/revenues from
balancing the system, how to allocate their value to
each balancing party (PRE) and issues related to the
information note on settlement, billing and payments
are provided.
• reduction from 6 months to 2 months of the period in
which the participant can request, with a reasoned
justification, the correction of the settlement, from
the posting on the dedicated IT platform of the
information note for settlement, which will lead to
an increase in the degree of accountability of the
participants in the balancing market.
• ANRE Order no. 117/2022 – Order for the approval of the
Regulation for the organization and functioning of the
forward electricity contracts market, organized by Bursa
Romana de Marfuri – S.A.
• The Regulation establishes the framework for the
trading of electricity on the electricity futures market,
through electronic trading platforms managed by
the Romanian Commodities Exchange Company –
S.A.
• BRM organizes trading sessions for standard
products in terms of the following features: daily
delivery profile (in-band delivery, peak load delivery,
off-peak load delivery), average power per contract
settlement interval of 0.1 MW or multiple of 0.1 MW,
electricity delivery period (multiple of day, 1 week,
balance of the month – i.e. the period made up of
the remaining delivery days within a calendar month
in progress, starting on the second calendar day
following the day of the conclusion of a transaction, 1
month, 1 quarter, 1 semester, 1 calendar year).
• Repeals ANRE Order No 79/2022
• ANRE Order no. 121/2022 – Order amending some orders
of the President of the National Energy Regulatory
Authority on the electricity market
• modification of ANRE Order no. 127/2021 by: changing
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
• the amendment of the Regulation on issuing green
certificates, approved by ANRE Order no. 4/2015 so
that: in the case of producers from renewable energy
sources (E-SRE) using biomass as a renewable
energy source as fuel or raw material, green
certificates (GC) are issued only for E-SRE produced
from biomass accompanied of certificates of origin
regardless of the weight of the energy content of
the biomass accompanied by certificates of origin
in the total energy content of the fuel used in the
respective power plant; in situations of alienation
of an accredited power plant, the green certificates
deferred from trading according to the provisions of
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the deadline for the application of the Order from
1 October 2022 to 1 October 2023; extending the
deadline for changing the configuration of the
existing PE platform, as required by the Regulation
on terms and conditions for balancing service
providers and frequency stabilisation reserve
providers, from 9 months to 1 year and 6 months;
deletion of some definitions (RFP, OD connector
and adjustment required) and deletion of the term
daily offer and replacement with balancing energy
offer; modification of the parameters of the variable
characteristics of the balancing energy offer for the
standard RRFm product; replacement of the term
system services with balancing services;
• amendment of ANRE Order No 128/2021 by extending
the application deadline from 1 October 2022 to 1
October 2023.
• ANRE Order no. 134/2022 – Order for the approval of the
General Rules on organised electricity forward markets
• the general rules on organised forward electricity
markets are approved. The organised forward
electricity market comprises the following segments:
standardised forward products market, flexible
forward products market, electricity derivatives
market settled by physical delivery.
• electricity market operators shall draw up/update
their own specific regulations for the organisation
and management of the markets and submit them
to ANRE for approval within 90 days from the date of
entry into force of this Order.
• ANRE Order no. 138/2022 – Order supplementing the
Order of the President of the National Energy Regulatory
Authority no. 143/2020 on the obligation to offer natural
gas on centralized markets to natural gas producers
whose annual production in the previous year exceeds
3,000,000 MWh
• ANRE Order no. 143/2020 is supplemented: with the
periods for which the quantities of natural gas are
determined, namely 1 January 2023 – 31 December
2023 and 1 January 2024 – 31 December 2024; with
clarifications on the application of the provisions
of Article 12 of GEO no. 27/2022, in accordance with
Annex no. 5 thereto. The quantitative share allocated
for tendering purposes for each of the products is as
follows (for the period 1 January 2023 – 31 December
2023): Clu = 35%, Ctrim = 20%, Csem = 5%, Csez =
25%, Can = 15%.
• ANRE Order no. 14/2022 on the establishment of the
mandatory green certificates purchase quota for 2021:
• the mandatory quota for 2021 has been set at
0.449792 hp/MWh (compared to 0.4505 hp/MWh
estimated quota for 2021 and 0.45074 hp/MWh
mandatory quota for 2020).
the law can be transferred to the new holder of the
respective power plant, in order to be traded by him;
the amounts of biomass provided in the certificates
of origin issued by the relevant ministries under the
law and which ex-ceed the biomass consumption
of the ESRE producer in the period provided in the
certificates of origin can be carried over and used
in subsequent periods of time, with the exception of
those in the certificates of origin is-sued as a result
of final court rulings that provide for the biomass use
period.
• ANRE order no. 59/2023 – Order regarding the approval
of the Procedure for the recovery of improperly
issued green certificates and for the amendment 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
• the Procedure for the recovery of improperly issued
green certificates is approved, which establishes the
recov-ery mechanism for improperly issued green
certificates – the TSO develops its own procedure
for the recovery of improperly issued GCs, including
those related to the recovery interest;
• if the accredited E-SRE producer, who benefited from
improper green certificates, does not hold green
certifi-cates and no longer meets the conditions for
issuing green certificates for trading, the recovery of
improperly issued green certificates is carried out by
purchasing green certificates from the anonymous
centralized spot market of green certificates (after
its registration in this market component of the green
certificates market).
• ANRE order no. 57/2023 – Order for the amendment and
completion of the Regulation on the organization and
operation of the green certificates market, approved
by the Order of the President of the National Energy
Regulatory Authority no. 77/2017
• amending the Regulation on the organization and
operation of the market of green certificates, so that,
in situa-tions of disposal of an accredited power
plant, the green certificates held in the account of
the selling producer at the date of disposal, including
those postponed from trading according to the
provisions of the law, can be transferred to the new
owner of the respective power plant, in order to trade
them by him, if provisions to this effect are included
in the alienation contract concluded between the
parties;
• the inclusion of a new category of ANRE license
holders, represented by economic operators
who own electricity storage facilities that are not
located in the facilities of an electricity producer, as
participants in the PCV as economic operators with
an obligation to purchase GC;
• the inclusion of a new transaction session on PCSCV
for each quarter of analysis, respectively on the 18th
• ANRE Order no. 15/2022 for the approval of the
Methodology for establishing the rules for the marketing
of electricity produced in power plants from renewable
sources with an installed electrical power not exceeding
400 kW per place of consumption belonging to
consumers:
• shall enter into force on 1 May 2022 and repeals
ANRE Order no. 50/2021 approving the rules for the
trading of electricity produced in power plants from
renewable sources with an installed electrical power
of up to 100 kW belonging to prosumers
• suppliers must notify prosumers with whom they
already have contracts (with P<100kW) about the
change in the applicable legal framework and
the possibility to benefit from the quantitative
compensation mechanism on request; at the request
of prosumers, suppliers must send signed contracts
within 10 days;
• for the application on demand of the quantitative
compensation mechanism, the installed electrical
power of the power plant producing electricity from
renewable sources shall not exceed 200 kW per place
of consumption; the quantitative compensation shall
be made at the price of active electricity, and any
surplus shall be carried forward for a maximum of 24
months – after this period, the unused quantity shall
enter into the financial regularization process.
• for the application on demand of the financial
regularization mechanism, the installed electrical
power of the power plant producing electricity from
renewable sources is more than 200 kW, but not
more than 400 kW per consumption site; for financial
compensation, the reference is the weighted average
price recorded on the market for the following day
for the month in which the electricity in question was
produced and delivered.
• ANRE Order no. 90/2022- on the modification and
completion of the Order of the President of the National
Energy Regulatory Authority no. 52/2021 for the approval
of the Monitoring Methodology of the system for the
promotion of electricity production from renewable
energy sources
• determines the mode, format and frequency of
data reporting: information on electricity sale-
purchase contracts concluded with prosumers
owning renewable energy power plants, i.e. the
amount of electricity benefiting from quantitative
compensation (Pi< 200 kW), information on electricity
sale-purchase contracts concluded with prosumers
owning renewable energy power plants, i.e. the
quantity of electricity benefiting from financial
balancing (Pi 200 kW and 400 kW), information on
directly negotiated bilateral electricity sale-purchase
contracts concluded with prosumers.
work-ing day of the month following each quarter,
in order to enable the completion of the purchase
of GC by eco-nomic operators with the obligation to
purchase GC, for each analysis quarter, according to
the published list.
• ANRE order no. 58/2023 – Order for the modification
and completion of the Methodology for establishing
the mandatory annual quota for the purchase of green
certificates, approved by the Order of the President of
the Nation-al Energy Regulatory Authority no. 96/2022
• the modification of the Methodology for establishing
the mandatory annual quota for the purchase of
green cer-tificates for the regulation of the situation
of an economic operator who has a final decision by
which a court es-tablished/establishes, as the case
may be, the recovery by the respective economic
operator of a sum of money related to some GCs
that he purchased in a previous period, including the
accessories to it, by applying an al-gorithm;
• amending the Methodology by including provisions
regarding the obligation to purchase green
certificates for a new category of ANRE license
holders, represented by economic operators who
own electricity storage facili-ties that are not located
in the facilities of an electricity producer.
• ANRE order no. 63/2023 – Order on the approval of the
Rules necessary for the adoption of the Hydrogen Code
• establishes the guidelines for the transformation or
conversion of the natural gas distribution system
in order to prepare it for the injection of quantities
of hydrogen produced by using renewable energy
sources.
• ANRE order no. 67/2023 – Order regarding the approval
of the tariff for the purchase of system services for the
transport and system operator Compania Nationala de
Transport al Energei Electrice “Transelectrica” — S.A.
• the tariff for the purchase of system services
practiced by the National Electric Power Transport
Company “Tran-selectrica” – S.A., valid from 1 June
2023, is 6.64 lei/MWh, down 14% compared to the
previous tariff.
• ANRE order no. 68/2023 – Order on the approval of
regulated income, corrected regulated income and
transport tariffs for the activity of natural gas transport
through the National Transport System
• the capacity reservation rates related to firm and
interruptible long-term and short-term transport
services for the group of entry/exit points (gr) are
approved, as well as the volumetric rate for the use
of the National Transport System, for the period of 1
October 2023 —30 September 2024. The order enters
into force on 1 June 2023.
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• ANRE Order no. 94/2022 – amending some orders of the
President of the National Energy Regulatory Authority
in the field of promotion of electricity from renewable
energy sources
• ANRE order no. 70/2023 – Order for the modification
and completion of some orders of the president of the
Na-tional Energy Regulatory Authority in the field of
connecting users to the public interest electric network:
• modification of the threshold of installed electric
power in power plants from renewable energy
sources belonging to prosumers, from 100 kW to 400
kW per consumption place (modification of ANRE
Order no. 179/2018)
• amend the Regulation on the organization and
functioning of the green certificates market – ANRE
Order no. 77/2017, in order to specify the two main
categories of economic operators participating in
the green certificates market, accredited producers
of electricity from renewable energy sources and
economic operators with the obligation to purchase
green certificates.
• ANRE Order no. 95/2022 – amending and
supplementing the Order of the President of the
National Energy Regulatory Authority no. 15/2022
approving the Methodology for establishing the rules
for the sale of electricity produced in power plants from
renewable sources with an installed electrical power
of no more than 400 kW per place of consumption
belonging to prosumers
• amends ANRE Order no. 15/2022 in order to clarify
the average purchase price of energy produced
and delivered by consumers, in accordance with
the provisions of GEO 27/2022, with subsequent
amendments and additions, the billing method and
the elements highlighted in the invoices;
• for energy consumed by consumers as customers,
we have clarifications regarding the final price
charged;
• for the sale-purchase contract of electricity
produced in renewable energy power plants with an
installed electrical capacity of not more than 200
kW per place of consumption and delivered to the
electricity grid – the contract price is the price of
active electricity used by the electricity supplier in
the supply contract concluded with the consumer
as a consumer, during the billing period, established
according to the methodology;
• for the sale-purchase contract of electricity
produced in power plants from renewable energy
sources with an installed electrical power of
more than 200 kW, but not more than 400 kW per
consumption site and delivered to the electricity grid
– the contract price is equal to the weighted average
price recorded on the market for the following day in
the month in which the electricity was produced and
delivered to the electricity grid, published by OPCOM.
• is modified the ANRE Ord. no. 59/2013 – Regulation
regarding the connection of users to public interest
electric-ity networks;
• is modified the ANRE Ord. no. 19/2022 – The
procedure regarding the connection to the
electricity networks of public interest of the places
of consumption and production belonging to the
prosumers. An opportunity is provided for prosumers
who purchase the electricity metering group or
the fully equipped metering and protec-tion block
including the electricity metering meter to make it
available to the distribution operator. A new chap-
ter is introduced regarding the rules for connecting
to a place of consumption place of consumption
and exist-ing production of installations for the
production of electricity from renewable sources
of prosumers and demonstration projects, with an
installed electric power lower than or equal to 10,8
kW times equivalent for connections other than
three-phase connections, as an exception to the
prosumer connection rules. The notion of aggregate
generating units appears, which means the sum of
the generating units belonging to several prosumers
that are connected to the electrical grid through a
single connection facility. The order enters into force
on 31 May 2023.
• ANRE order no 71/2023 – Order regarding the approval
of the regulated tariff for electricity exchanges with the
perimeter countries, practiced by Compania Nationala
de Transport al Energiei Electrice “Transelectrica” — S.A.
• is approved the regulated tariff for electricity
exchanges with peripheral countries of 3.0 euro/
MWh, exclusive of VAT, applied by the National
Electric Power Transport Company “Transelectrica”
– S.A., tariff applied to all im-port, export and transit
transactions of electricity, programmed with the
electric energy systems of the perime-ter countries.
• the order enters into force on 15 June 2023.
• 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 high-efficiency cogeneration and some
provisions re-garding its invoicing method.
• the contribution for high-efficiency cogeneration is
approved at the value of 0.00219 lei/kWh, exclusive of
VAT;
• the order enters into force on 1 July 2023.
• ANRE Order no. 96/2022 – for the approval of the
Methodology for establishing the mandatory annual
quota for the purchase of green certificates
• ANRE order no. 76/2023 – Order regarding the
amendment of the annex to the Order of the President
of the Na-tional Energy Regulatory Authority no.
• methodology establishes: how to calculate the
estimated annual mandatory quota of green
certificates for the following year, how to calculate
the number of green certificates for the non-
fulfilment of the estimated annual mandatory quota
of green certificates, for each quarter of analysis,
by economic operators with the obligation to
purchase green certificates, how to calculate the
mandatory annual quota of green certificates for
the analysis year, how to calculate the number of
green certificates related to the non-fulfilment of
the mandatory quota of green certificates for the
analysis year by economic operators with green
certificate purchasing obligation.
• provisions have been introduced to exempt from the
legal quarterly and annual obligation to purchase
green certificates for prosumers and producers who
own renewable electricity production units
• increasing the period for reporting errors in reporting
the quantities of electricity billed/supplied from 15
working days to 18 working days from the date of the
decision.
• ANRE Order no. 118/2022 – Order amending and
supplementing the Methodology for establishing the
mandatory annual quota for the purchase of green
certificates, approved by Order of the President of the
National Energy Regulatory Authority no. 96/2022
• provisions have been introduced exempting from the
quarterly and annual legal obligation to purchase
green certificates prosumers and producers who
own renewable electricity production units for their
own final consumption, supplied at the place of
production from renewable electricity production;
• the way of collecting the data needed to establish
the estimated annual mandatory green certificate
purchase quota/annual mandatory green certificate
purchase quota and the degree of non-compliance
with the legal quarterly/annual green certificate
purchase obligations has been specified, with the
establishment of reporting templates applicable in
general, but also with the establishment of specific
reporting templates for the third quarter of the 2022
analysis year and for the 2022 analysis year.
• ANRE Order no. 141/2022 – Order on the establishment
of the estimated mandatory quota for the purchase of
green certificates for 2023
• the estimated mandatory green certificates
purchase fee for economic operators who have the
obligation to purchase green certificates for the year
2023 is set at 0.4943963 green certificates/MWh.
• ANRE Orders no. 27 – 31/2022 – for the modification
of the Annex to ANRE Orders no. 118 – 123/2021 on
the approval of the specific tariffs for the electricity
distribution service and the price for reactive electricity,
• 139/2022 for the approval of the tariffs charged by the
designated Operator of the electricity market.
• the tariffs charged by the designated operator of
the electricity market corresponding to the services
provided for the performance of the activities, valid
from 1 July to 31 December 2023 are: Administration
tariff – category A of participants – 14.648 lei/
participant/year, Administration tariff – category
A Participant B – 24.414 lei/participant/year,
Transaction rate- 0.29 lei/MWh.
• ANRE order no. 77/2023 – Order for the amendment
of the Regulation regarding the organized framework
for trading standardized products on the centralized
natural gas markets administered by the Romanian
Stock Exchange — S.A. (Romanian Commodities
Exchange — S.A.), approved by Order of the President of
the National Energy Regula-tory Authority no. 95/2021
• the Regulation on the organized framework for the
trading of standardized products on the centralized
natural gas markets administered by the Romanian
Commodities Exchange Company is amended by
amending the standardized products traded on the
basis of the counterparty mechanism, in accordance
with its specific rules.
• ANRE order no. 78/2023 – Order for the amendment
of the Regulation on the operation of the centralized
market for electricity from renewable sources
supported by green certificates, approved by the Order
of the President of the National Energy Regulatory
Authority no. 160/2019
• the Regulation on the operation of the centralized
market for electricity from renewable sources
supported by green certificates is amended by
changing the definition of the participant in the
centralized market for electrici-ty from renewable
sources supported by green certificates and it is
specified that the contracts contain provi-sions that
must comply with a set of principles (the designated
participant concludes the contract in his own
name and fully assumes all rights and obligations
regarding the traded electricity, the contract
contains individ-ual rights and obligations regarding
the delivery of GCs of the members of the aggregate
entity who traded GCs during the auction session
following to which the contract is concluded, etc.).
• ANRE order no. 81/2023 – Order regarding the
amendment of the Order of the President of the
National Energy Regulatory Authority no. 10/2023
for the approval of the Methodology regarding the
determination of the level of the minimum stock of
natural gas that the holders of the licenses for the
supply of natural gas have the obligation to constitute
in the underground storage warehouses:
• the maximum deadline for concluding sales-
purchase contracts whose object is quantities of
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for Delgaz Grid – S.A/Societatea Distributie Energie
Electrica Romania – S.A/Societatea Distributie Energie
Oltenia – S.A/Societatea E-Distributie Banat – S.A/
Societatea E-Distributie Dobrogea – S.A./Societatea
E-Distributie Muntenia – S.A.
• The new tariffs are applicable from 1 April 2022;
• Low voltage tariffs for Electrica Romania Energy
Distribution are 17%- 25% higher than in the first
quarter of 2022 (there were increases for all
categories, respectively the lowest of 9.1% at IT –
Transilvania Nord and the highest of 30.2% at MT-
Muntenia Nord).
• ANRE Order no. 33/2022 - for the modification of Annex
no. 1 to the Order of the President of the National Energy
Regulatory Authority no. 124/2021 on the approval
of the average tariff for the electricity transmission
service, the components of the transmission tariff for
the introduction of electricity into the grid (TG) and
for the extraction of electricity from the grid (TL), the
tariff for the system service and the regulated price for
reactive electricity, charged by the National Electricity
Transmission Company “Transelectrica” – S.A.
• the new tariffs are applicable from 1 April 2022;
the average tariff for the electricity transmission
service is higher by 17.3%, the transmission tariff
– the component for feeding electricity into the
grid is higher by 69.8% (TG is – 2.53 RON/MWh), the
transmission tariff – the component for withdrawing
electricity from the grid is higher by 13.8% (TL is –
25.57 RON/MWh) compared to the first quarter of
2022.
• ANRE Order no. 67/2022 – on the application in April
2022 of the provisions of Article 23 of the Methodology
for determining and monitoring the contribution for
high-efficiency cogeneration, approved by the Order
of the President of the National Energy Regulatory
Authority no. 117/2013
• During April 2022, ANRE shall analyse the amount of
the contribution for cogeneration, and if it varies by
more than +/- 2.5% compared to the value in force,
by 30 April 2022, the new value of the contribution for
2022 shall be approved by ANRE order.
• ANRE Order no. 69/2022 amending the Order of the
President of the National Energy Regulatory Authority
no. 123/2017 on the approval of the contribution for
efficient cogeneration and of some provisions on its
billing
• Starting from 1 May, the contribution for efficient
cogeneration is 0.02044 RON/kWh, excluding VAT.
• ANRE Order no. 130/2022 – Order amending the Order
of the President of the National Energy Regulatory
Authority no. 123/2017 on the approval of the
contribution for efficient cogeneration and of some
provisions on its billing
natural gas origi-nating from underground natural
gas storage depots, stored by another natural gas
supplier from 31 May to 31 October is extended.
• the provisions relating to the change in the CC and
PET end customer portfolios are completed as a
result of the exercise by the end customers of the
right to change the natural gas supplier or as a
result of the termination of the natural gas supply
contracts and the transfer of the quantities of natural
gas stored and of reserved and unused capacity.
• ANRE order no. 88/2023 – Order for the modification
of some orders of the president of the National Energy
Regu-latory Authority regarding the electricity market
• ANRE order no. 127/2021 for the approval of the
Regulation on the clauses and conditions for
balancing service providers and for frequency
stabilization backup providers and the Regulation
on the clauses and conditions for the parties
responsible for balancing (published in M.O. no. 1196
of 17 December 2021) enters in force on the date
of publication and applies from 1 April 2024 (on 1
April 2024 ANRE Order no. 61/202 and ANRE Order
no. 21/2020 are repealed and a number of articles
from ANRE Orders no. 213/2020 and no. 152/2020 are
repealed ).
• ANRE order no. 128/2021 for the approval of the rules
for suspending and restoring market activities and
appli-cable settlement rules (published in M.O. no.
1187 of 15 December 2021) applies from 1 April 2024.
• ANRE order no. 95/2023 – Order on the modification
of the General Conditions associated with the license
for aggregation activity, approved by the Order of the
President of the National Energy Regulatory Authority
no. 196/2020.
• the General Conditions associated with the license
for aggregation activity are modified, approved by
ANRE Order no. 196/2020, by changing the definitions
of aggregate entity and aggregate unit in the sense
that pro-ducers, final consumers and owners of
storage facilities can be aggregated in the same
entity.
• ANRE order no. 94/2023 – Order for the approval of
the Regulation on the designation of the designated
operator of the electricity market
• the Regulation on the designation of the designated
operator of the electricity market is approved, which
es-tablishes the terms, criteria and transparent
and non-discriminatory procedures regarding the
designa-tion/withdrawal of the designation of the
designated operator of the electricity market.
• ANRE order no. 97/2023 – Order amending the Order
of the President of the National Energy Regulatory
Authority no. 123/2017 regarding the approval of the
contribution for high-efficiency cogeneration and some
• Starting from 1 November 2022, the contribution for
provisions re-garding its invoicing method:
efficient cogeneration is 0.00333 RON/kWh, excluding
VAT, with a percentage decrease of 83% compared
to the previous value, i.e. a decrease of 0.01711 RON/
KWh.
• ANRE Order no. 140/2022 – Order approving the tariffs
and financial contributions charged by the National
Energy Regulatory Authority in 2023
• for the holders of the electricity supply license, the
annual bonus contribution is established on the basis
of a percentage rate of 0.1% applied to the turnover
achieved by them in 2022 from the commercial
activities covered by the electricity supply license,
but not less than RON 3,125. The basis for calculating
the financial contribution levied by ANRE is the net
turnover, defined and calculated in accordance
with the accounting regulations in force, which
includes the revenues recorded from the activity of
electricity supply – including those corresponding
to green certificates and the contribution of efficient
cogeneration, to which is added the revenues
recorded from the application of the measures of the
compensation scheme for electricity consumption
and those related to the compensation granted for
the implementation of the measures applicable to
final customers in the electricity market.
• the annual tariff for carrying out activities in the
natural gas sector on the basis of a license – Supply
of natural gas is 0.168 RON/MWh.
• ANRE Order no. 139/2022 – Order approving the tariffs
charged by the Designated Electricity Market Operator
• the tariffs charged by OPCOM for the services
rendered for the performance of activities in 2023
are approved: Management tariff – category
A participants – 21,574 RON/participant/year,
Management tariff – category B participants –
35,956 RON/participant/year, Trading tariff – 0.48
RON/MWh.
• ANRE Order no. 142/2022 – Order amending the Order
of the President of the National Energy Regulatory
Authority no. 123/2017 on the approval of the
contribution for efficient cogeneration and of some
provisions on its billing.
• from 1 January 2023 the contribution for efficient
cogeneration is approved at the amount of 0.00
RON/kWh.
• ANRE Order no. 144/2022 – Order approving the tariff for
the acquisition of system services for the transmission
and system operator National Power Transmission
Company “Transelectrica” – S.A.
• the tariff for the purchase of system services
charged by the National Power Transmission
Company “Transelectrica” – S.A., valid from 1 January
2023 is 7.73 RON/MWh.
• the contribution for high-efficiency cogeneration
at the value of 0.0099 lei/kWh, exclusive of VAT, is
approved starting on 1 November 2023 (increasing
compared to the period 01.07.2023 – 31.10.2023 when
the contribu-tion for high-efficiency cogeneration
had the value of 0.00219 lei/kWh – Order no. 75/2023.
• ANRE Order no. 96/2023 – Order amending and
supplementing the Order of the President of the
National Energy Regulatory Authority no. 179/2015
approving the Procedure for technical inspections and
overhauls of natural gas utilisation installations:
• ANRE Order No 179/2015 is amended and
supplemented as follows: it specifies the obligations
of final customers regarding the inspection and
verification of installations; it specifies the penalties
applicable for failure to comply with the provisions
of the Procedure on technical inspections and
inspections of natural gas utilisation installations;
when changing the natural gas supplier, the old
supplier is obliged to send the new supplier the
information related to the technical inspection and
inspection of the natural gas utilisation installation
related to the respective consumption site.
• ANRE Order no. 100/2023 – Order approving the
Methodology for setting the tariffs charged by
designated electricity market operators:
• the Methodology for setting the tariffs charged by
designated electricity market operators that carry
out single day-ahead and/or intra-day market
coupling in the Romania offer area is approved;
• the tariffs set in accordance with the methodology
shall apply from 1 January 2024.
• ANRE Order no. 118/2023 – Order approving the tariffs
and financial contributions charged by the National
Energy Regulatory Authority in 2024:
• for holders of electricity supply licences, the annual
monetary contribution is established on the basis
of a percentage rate of 0.1% applied to the turnover
achieved by them in 2023 from the commercial
activities covered by the electricity supply licence,
but not less than a minimum monetary contribution
of RON 3,125. The basis for calculating the monetary
contribution charged by ANRE is the net turnover,
defined and calculated in accordance with the
accounting regulations in force, which includes the
revenues recorded from the activity of electricity
supply – including those corresponding to green
certificates and the contribution for high efficiency
cogeneration, plus the revenues recorded from the
application of the compensation scheme measures
for electricity consumption and those related to
compensation granted for the implementation
of measures applicable to final customers in the
electricity market;
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2024 is 9.17 lei/MWh, an increase of 38.1% compared
to the tariff for 2023.
• ANRE Order no. 117/2023 – Order amending the Order
of the President of the National Energy Regulatory
Authority no. 123/2017 on the approval of the
contribution for high efficiency cogeneration and some
provisions on the way it is billed:
• - from 1 January 2024, the contribution for high-
efficiency cogeneration is approved at the amount of
0,0168 lei/kWh (excluding VAT).
Source: Electrica
• ANRE Order no. 143/2022 – Order amending and
supplementing the Regulation for the detection,
notification and sanctioning of violations of regulations
issued in the field of energy applicable to the control
activities carried out by the National Energy Regulatory
Authority, approved by the Order of the President of the
National Energy Regulatory Authority no. 62/2013
• inspection control actions are carried out on
the basis of the annual control programme,
unannounced control action is carried out without
prior notification of the persons, etc.
• the annual monetary contribution charged for the
performance of activities in the natural gas sector
on the basis of natural gas supply licence is 0.168 lei/
MWh.
• ANRE Order no. 107/2023 – Order on the establishment
of the estimated mandatory quota for the purchase of
green certificates for 2024:
• The estimated mandatory quota for the purchase of
green certificates by economic operators who are
obliged to purchase green certificates for the year
2024 is set at 0.4944765 green certificates/MWh.
• ANRE Order no. 109/2023 – Order approving the
average tariff for the electricity transmission service,
the components of the transmission tariff for the
introduction of electricity into the networks (T_G) and
the extraction of electricity from the networks (T_L)
and the regulated price for reactive electricity, charged
by the National Electricity Transmission Company
“Transelectrica” – S.A.:
• the new tariffs are applicable from 1 January 2024;
• the average tariff for the electricity transmission
service is higher by 1.5%, the transmission tariff – the
component for feeding electricity into the grid is
lower by 5.4% (TL is 3.82 lei/MWh), the transmission
tariff – the component for withdrawing electricity
from the grid is higher by 1% (TL is 27.72 lei/MWh)
compared to the tariffs for 2023.
• ANRE Order no. 110/2023-115/2023 – Order approving
the specific tariffs for the electricity distribution service
and the price for reactive electricity at Societatea
Retele Electrice Banat – S.A., Societatea Retele Electrice
Dobrogea – S.A., Societatea Retele Electrice 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 most of the specific tariffs
for the electricity distribution service, the highest
increases being at IT – Distributie Energie Electrica
Romania SA – Muntenia Nord of 11.2%;
• low voltage tariffs for Distributie Energie Electrica
Romania are higher by between 3.8% - 7.9%
compared to 2023 (there were increases for all
categories respectively the lowest of 1.2% at MT
– Transilvania Sud and the highest of 11.2% at IT-
Muntenia Nord);
• The new tariffs are applicable from 1 January 2024.
• ANRE Order no. 116/2023 – Order approving the tariff for
the purchase of system services for the transmission
and system operator National Power Transmission
Company “Transelectrica” – S.A.:
• the tariff for the purchase of system services
charged by the National Power Transmission
Company “Transelectrica” – S.A., valid from 1 January
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A.3.2. Changes to the legal framework in 2023/2024 up
2023
2024
to the date of approval of the financial
statements2023/2024
The following are the relevant legislative changes that took place at Group level in the period between the
end of the financial year 2022 and the date of the published report, respectively in the period between the
end of the financial year 2023 and the date of this report.
A.3.2.1. Distribution segment
2023
2024
• The methodology for establishing the 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, until 24 January 2023,
the methodology and criteria used for the evaluation
of investments, in the sense of alignment with
Regulation (EU) 2022/869:
• energy infrastructure projects and high risk
assessment
• the specific risks to which offshore networks for
energy from renewable sources are exposed
Regulations regarding tariffs:
• ANRE Order no. 6/2023 for completing the Procedure
regarding the substantiation and approval of TSO and
DSO investment plans, approved by ANRE Order no.
98/2022 - effective from 13 February 2023
• The amendment proposals consider the recognition
of DO investments in energy storage and production
for internal consumption from stations and NL:
• the inclusion in the category of justifiable
investments of energy production facilities from
renewable sources for NL supply and internal
consumption from the stations;
• the inclusion of electricity storage facilities in the
category of necessary investments;
• the possibility for DO to own storage facilities, by way
of 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, with
a view to recognition by ANRE (Annex no. 8).
• ANRE order no. 1/2023 for the modification and
completion of some orders of the president of the
National Energy Regulatory Authority 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
electrical transmission networks, to: a) electrical
transmission and distribution networks; b)
offshore networks for energy from renewable
sources; c) projects that integrate innovative
technical solutions and that, although they have
low capital costs, involve significant operating
costs.
Technical regulations - Network connection
Technical regulations - Network connection
• 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 March 2023
• The norm was developed by the TSO, it establishes
technical requirements for connected storage
facilities:
• individually to the public electricity network,
classified in categories A, B, C and D similarly to
electricity production facilities;
• within the electricity production sites;
• within the places of electricity consumption.
• ANRE Order no. 106/2023 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 - effective from January 10, 2024
• the order changes involve NO in evaluating the
position of the building-type objective in relation
to the safety zone of the overhead power lines with
nominal voltages higher than 1kV.
• assures the applicants of location approvals the
facilitation of the location of the building-type
objective outside the safety zone of the overhead
power lines, the size of which is calculated with the
formula from point 2.3 of Annex no. 6 to the Norm,
without the need to carry out a risk analysis
• ANRE Order no. 4/2023 for the modification and
completion of some orders of the president of the
National Energy Regulatory Authority in the field of
connecting users to the public interest electrical
network - effective from 3 February 2023
• the modification and completion of the following
regulations, in the sense of including the possibility
for 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 measuring group or
the fully equipped protection and measuring block,
including the meter in compliance with the technical
specifications made available by DSO/TSO:
• Connection Regulation
• The procedure regarding the connection to LV
networks of household customers - ANRE Order no.
18/2022
• Connection framework contracts - ANRE Order no.
105/2022
• The procedure regarding the connection to the
networks of prosumers - ANRE Order no. 19/2022
• The DSO/TSO is obliged to reimburse the user the
value of these equipments at the terms established
• Draft order for the approval of the Methodology
regarding the allocation of the electricity network
capacity for the connection of electricity production
sites, as well as for the modification and completion
of some orders of the president of the National Energy
Regulatory Authority in the field of connecting users
to the public interest electricity network - public
consultation
1. Approval of the Methodology regarding the allocation
of electrical network capacity for the connection of
electricity production sites
• The methodology provides for the mechanism for
allocating the available capacity of the electrical
network, necessary for the connection of new
production sites with power ≥ 1 MW, through
auctions organized by the TSO.
a. The mechanism will replace the current
mechanism for the participation of producers in
the general network strengthening works and will
ensure:
i. the sums required by OR for the development
of the relay in order to connect the new
production sites
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• in the connection contracts; reimbursement is made
ii. a competitive environment for producers who
on the basis of supporting documents presented
by the user, without being limited to: tax invoice,
compliance certificates, warranty certificates, etc.
• the obligation of the DSO to install the meter is
maintained, the deadlines in force stipulated in the
connection contracts being maintained.
• Draft order for the amendment and completion of
ANRE President’s 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 from 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
from Norm;
• the conditions under which the risk analysis will
be required were 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 roof of buildings.
are going to develop production sites
iii. securing the producers’ capacities for
subsequent connection to the network, by
paying the sums resulting from the auctions
b. Tenders will be organized annually by the TSO,
for a period of 10 years, in order to allocate the
available capacity in the RET and in the RED at the
voltage level of 110 kV and MV
c. The methodology provides for the stages
preceding tenders, their organization, as well
as the rules for allocating capacities in various
situations
d. The starting price is determined based on the
value of the development work, and the winners
enter into capacity allocation contracts.
e. The sums resulting from the auctions must be
paid by the producers in no more than 4 months,
and non-compliance with the deadlines attracts
penalties.
• The methodology will enter into force starting from
01.01.2025.
2. Amendment of the Regulation regarding the
connection of users to public interest electric
networks:
a. OR will require the establishment of financial
guarantees, of 5% of the connection tariff, by
applicants with production/consumption sites and
production sites ≥ 1 MW, regardless of the need for
strengthening works.
b. The guarantee must be established before the ATR
• Draft Order regarding the modification and
is issued.
c. The connection certificate will include the
certification of the quality of active customer
for users with consumption/consumption and
production sites
d. Appendix no. 5 is revised to avoid the transfer
to the ownership of users of installations with a
voltage of 220 kV or higher, if the upper voltage of
the transformer station exceeds 110 kV.
3. Modifying the framework content of the ATR and
the connection contract, by revising the provisions
regarding the financial guarantees that are
constituted in favor of the OR, in accordance with the
proposals for revising the Regulation from point 2.
completion of the Methodology for data exchange
between the transport operator and the system,
distribution operators and significant network
users approved by ANRE Order no. 233/2019 – public
consultation
• 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 addition to the draft order from phase I and in
accordance with the provisions of the norm for
connecting storage facilities, it is necessary to
specify:
• communication path, redundancy and data
exchange for storage facilities. These storage
facilities can be linked to the electricity production
facility or can be operated independently.
• how the scheduled and planned data exchange
is carried out until the provisions of ANRE Order
no. 127/2021, with subsequent amendments and
additions.
• 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 determined by the solution
sheet:
• 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 of no more than 400 kW per place
of consumption;
• 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 the situations/operation 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 function
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 electrical networks
were considered for which strengthening works
were executed or are being executed to create
the technical conditions necessary 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
provided 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, as the case may
be, in the solution study.
• elimination of the phrase dispatchable/non-
dispatchable with regard to generating units/power
plants considering the provisions of ANRE Order no.
127/2021.
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Annual Report and sanctions
Annual Report and sanctions
• Draft Order for the amendment and completion of
the Procedure regarding the establishment and
individualization of contraventional sanctions related
to the turnover resulting from the control activity -
public consultation
• the amendment and completion of the Procedure
takes into account the latest administrative changes
in the organization of ANRE, but also its completion
in the sense of regulating a new situation, that of the
supervisory control action
• in the case of a surveillance-type control action, the
notification note shall take the place of the control
report provided for in art. 2(1).
Commercial 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:
• participation in flexibility or energy efficiency
programs, to which the customer’s place of
consumption is connected;
• 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 SMI;
• 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;
• Draft Order 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 -
public consultation
Through the draft order, the following are proposed:
1. 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 index of the
measurement group 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
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the invoicing periods in which the index of
the measurement group is not read and the
household customer does not transmit the self-
read index;
• the compensations and punitive interest that the
household customer is entitled to receive for the
supplier’s non-compliance with the obligations set
forth in the Performance Standard for the activity
of electricity supply and for the distribution
operator’s non-compliance with the performance
indicators provided for in the Performance
Standard for the electricity distribution service, in
force.
2. the general conditions for the provision of electricity
in the universal service regime - are proposed to be
approved separately from the framework contract,
so that they can be published on the supplier’s
website and do not require printing and physical
attachment.
3. the invoice model applicable to household
customers - the invoices issued for electricity
consumption registered starting from 1 April 2023
must comply with the Invoice Model in Annex 3 which
contains the information provided in the Regulation,
respectively information from the invoice and
information from the annex to the invoice.
Electricity market functioning
• Draft Order 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 trading electricity on the markets
organized by future electricity, through the trading
platforms managed by S.C. OPCOM S.A. – public
consultation
This draft order 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;
• 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.
• Draft Order for the approval of the Regulation on the
organization and operation of the organized electricity
market, administered by the Romanian Stock
Exchange - S.A. – public consultation
It provides rules that refer to:
• Introduction of a chapter on organized market
segments
• 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
• 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.
Source: Electrica
A.3.2.2. Supply segment
2023
2024
• Law no. 5/2023 - Law on the modification and
• ANRE order no. 1 — Order for the approval of the
completion of Law no. 220/2008 on the establishment of
the system for the promotion of energy production from
renewable energy sources.
• modifies and completes Law no. 220/2008 regarding
the trading of green certificates after the expiry
of the accreditation period, the recovery of green
certificates issued unduly, etc.
• Law no. 15/2023 - Law on the approval of Government
Emergency Ordinance no. 3/2022 for the modification
and completion of Government Emergency Ordinance
no. 118/2021 on the establishment of a compensation
scheme for the consumption of electricity and natural
gas for the cold season 2021-2022, as well as for the
completion of Government Ordinance no. 27/1996 on
the granting of facilities to persons living or working
in some localities in the Apuseni Mountains and in the
“Danube Delta” Biosphere Reserve
• GEO no. 3/2022 is approved.
• ANRE Order no. 3/2023 - Order for the approval of the
Technical Standard on the technical requirements for
connection to the electricity grids of public interest
for electricity storage facilities and the notification
procedure for the connection of electricity storage
facilities
• enter into force on 20 January 2023.
• establishes the procedure and stages of the
Methodology regarding the determination of the level
of the minimum natural gas stock required to be
established in the underground storage warehouses
during the period April 1, 2024—October 31, 2024.
• the methodology is approved, which aims to
establish the method by which the level of the
minimum natural gas stock that the holders of the
natural gas supply license are obliged to establish
in the underground storage warehouses during the
period April 1, 2024-October 31, 2024 is determined
• holders of natural gas supply licenses fulfil their
obligation regarding the establishment of the
minimum stock of natural gas by: storing natural gas
in their own name, by concluding storage contracts;
the conclusion of sales-purchase contracts whose
object is quantities of natural gas stored by another
supplier; concluding mandate contracts with another
supplier.
• the quantities of natural gas representing the
minimum stock to be stored represent 90% of the
storage capacity of the SI at the national level. The
minimum natural gas stock of supply license holders
is broken down for each holder depending on the
weight of the amount of natural gas sold to end
customers by the respective supplier in the gas year
2022/2023 in the total amount of natural gas sold to
end customers nationally.
notification process for the connection of storage
facilities, as well as the content of the tests for
verifying the compliance of storage facilities with
• ANRE Order no. 2 - Order amending and supplementing
the Regulation on the organised framework for trading
on the organised forward electricity markets
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the technical requirements for connection to the
electricity grids of public interest.
• The technical connection requirements apply to: new
electricity storage facilities individually connected;
new electricity storage facilities installed in an
existing or new production site; new electricity
storage facilities installed in an existing or new
consumption site.
administered by the Operator of the Electricity and
Natural Gas Market OPCOM - S.A., approved by Order
of the President of the National Energy Regulatory
Authority no. 12/2023.
• the main amendments/completions to the
Regulation on the organised framework for trading
on the organised forward electricity markets
administered by OPCOM are:
• in the case of aggregated participation, the
aggregator communicates to the PO the list of
aggregated participants and the PO includes it, as
an annex, in the Participation Agreement for bilateral
electricity contract markets;
• the party terminating a contract concluded on
PCCB-LE-flex shall send a notification to the PO and
the PO shall publish this information on its website
and exclude that contract from the calculation of the
corresponding market indices.
• ANRE order no. 4/2023 – order for amending and
completing some orders of the President of the National
regulatory Authority for Energy in the field of connection
of users to the electricity network of public interest.
• Amend and supplement the following normative
acts: Regulation on the connection of users to
electrical networks of public interest (approved
by ANRE order no. 59/2013), the framework of the
technical connection notices (approved by ANRE
order no. 74/2014). Procedure on connection to
the public interest low voltage power networks of
the consumption places belonging to household
customers (approved by ANRE order no. 18/2022),
procedure on connection to the public interest power
networks of the consumption and production sites
belonging to prosumers (approved by ANRE order
no. 19/2022), Framework contracts for connection
to public interest electricity networks (approved by
ANRE order no. 105/2022).
• ANRE order no. 5/2023 — order for the approval of
the Regulation for the supply of electricity to final
customers, as well as for the modification and
completion of some orders of ANRE President:
• it enters into force on 6 February 2023 (with the
addition of provisions that have other dates of
application);
• The Regulation for 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);
• The ANRE order no. 235/2019 for the approval of
the Regulation for the supply of electricity to final
customers is repealed, ANRE order no. 171/2020 for the
approval of the conditions for the supply of electricity
by the suppliers of last resort, ANRE order no. 181/2018
for the approval of the procedure regarding the
financial guarantees regime established by the final
customers at the disposal of the electricity suppliers
and for the amendment of the Regulation for the
supply of electricity to final customers, ANRE order
no. 85/2015 for the approval of the tripartite
framework convention concluded between the
supplier, The network operator and the final
customer, holder of the network contract and the
multi-party framework agreement concluded
between the final customer, suppliers and the
network operator, ANRE order no. 96/2015 for
the approval of the Regulation on the activity of
informing the final customers of electricity and
natural gas;
• By the Regulation for the supply of electricity to
final customers, new notions regarding the supply
contract with dynamic prices (binding offer/contract
with dynamic prices for EFSA) and active customers
with new obligations for the supplier were introduced
(conditioning the existence of supply contract for
both the place of consumption and the place of
consumption and production);
• The main provisions amended/supplemented by
the new regulation are:
• At the vulnerable customer, they included among
the facilities granted and the payment of the
invoice, upon request, for a period of minimum 3
months (submission to the supplier with whom
he has a check of medical documents for people
who need to keep alive by electrical appliances to
ensure continuity in supply);
• the acceptance of household customers has been
extended with new categories;
• To the standard offers for non-households,
the definition of micro-enterprise in L123
(categorization by consumption not by turnover/
no. employees). The obligation to display
standard offers at single points of contact has
disappeared. In the information in the offer, the
unit value of taxes/fees/taxes/contributions will
be included. It is no longer mandatory to pass into
the offer the main conditions of the contract, but
new elements are introduced, to be included in
the offer;
• The supply of a place of consumption can
be made by several suppliers without being
conditioned by the power of 1 MW.
• the minimum elements of the tripartite/multi-
party convention are specified without a
framework convention being imposed;
• in the contract will be passed the same as in
the offer the unit value of taxes/fees/taxes/
contributions. A new price element appears -
the final billed price = supply price + all taxes,
taxes... unit). At the conclusion of the contract, the
supplier’s website must contain links to POSF;
• when invoicing, explicit mentions of normative
acts incident during the period of application (i.e.
capping) appear. For all household customers
(including eligible – competitive household) and
SoLR customers, the billing period is monthly. For
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Appendix 4 – Corporate Governance
all household customers, for the consumption
achieved starting with 1 April 2023, the invoice
model for SU is observed. All invoices for the
consumption registered starting 1 April will contain
a minimum set of information. New terms for
payment installment.
• ANRE order no. 9/2023 — order on establishing the
mandatory quota for the purchase of green certificates
for 2022
• -
The mandatory quota for 2022 was set at the
level of 0.4934314 GC/MWh (compared to 0.5014313
GC/MWh the estimated quota for 2022 and 0.449792
GC/MWh the mandatory quota for 2021);
• it shall enter into force on 1 march 2023.
• ANRE order no. 10/2023 — Order for approval of the
methodology for determining the level of the minimum
natural gas stock that holders of natural gas supply
licenses have the obligation to set up in underground
storage warehouses
• The methodology for determining the level of the
minimum natural gas stock that the holders of the a
supply licenses are approved Natural gas is required
to establish it in underground storage warehouses -
natural gas suppliers, for the quantities delivered to
final customers (PET direct client) who have opted
for the purchase of natural gas directly from natural
gas producers, fulfil their obligation to establish the
minimum natural gas stock by:
• storage of natural gas in its own name, by
concluding contracts for underground storage of
natural gas with one of the holders of the license to
operate the underground storage systems of natural
gas; and/or
• conclusion, by may 31 of each year, of sale-purchase
contracts covering quantities of natural gas from
underground storage of natural gas stored by
another natural gas supplier; and/or
• signing mandate contracts with another supplier, in
order to store natural gas.
Source: Electrica
A.4.1. The Board of Directors of ELSA’s subsidiaries
All the Boards of Directors of ELSA’s subsidiaries were composed of nonexecutive directors (5 members in
the case of DEER and EFSA and 3 members in the case of FISE and EPE) and the composition of these were as
follows:
The distribution subsidiary DEER – 1 January 2023 – date of the report
01 January – present
Anna-Maria Vasile – Chair
Andrei–Gabriel Benghea–Malaies
Niculina – Cristina Somlea
Oana Babagianu
Constantin Cristian Olaru
Source: Electrica
The end date of the mandates of DEER’s directors at the date of this report is 31 March 2024.
The supply subsidiary EFSA – 1 January 2023 – date of the report
01 January – 30 April
01 May – 31 July
01 August – present
Mihai Ioanitescu – Chair
Ioana – Andreea Lambru - Chair
Ioana – Andreea Lambru - Chair
Maria Patrascoiu
Mirela Ionescu
Mirela Ionescu
Liviu Mitroi
Marius Lungu
Marius Lungu
Alexandru – Costin Dumitrescu
Alexandru – Costin Dumitrescu
Adrian Bazavan
Adrian – Marian Marin
Adrian – Marian Marin
Dragos – Stefan Roibu
Source: Electrica
The end date of the mandates of EFSA’s directors at the date of this report is 31 March 2024.
The energy services subsidiary SERV – 1 January 2023 – date of the report
01 January - 31 July
01 August – present
Alexandru – Aurelian Chirita - Chair
Alexandru – Aurelian Chirita - Chair
Bogdan Costas
Mihnea Barbulescu
Source: Electrica
Ramona Moldovan
Oana – Marie Arat
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353
The end dates of the mandates of SERV’s directors at the date of this report is 31 March 2024.
The electricity production subsidiary EPE – 1 January 2023 – 31 December 2023
(the effective date of the merger whereby the company was absorbed by ELSA)
1 January – 30 April
01 May – 31 July
09 August – 31 December
Alexandru – Aurelian Chirita - Chair
Alexandru – Aurelian Chirita - Chair
Alexandru – Aurelian Chirita - Chair
Mihai Ioanitescu
Mihai Ioanitescu
Mihai Ioanitescu
Alina Camelia Mustatea
Ioana – Andreea Lambru
Ioana – Andreea Lambru
Name
Period
(day month year)
Function
Anamaria Cristina
Andro
Anamaria Cristina
Andro
07 July 2023 – 31 December 2023
01 January 2024 – present
Source: Electrica
Diana Moldovan
01 January 2022 - 31 January 2023
EPE is an absorbed company in the merger between ELSA as absorbing company and EPE, GECI and EEV 1 as
absorbed companies, the effective date of the merger being 31 December 2023.
Gabriela Dobrescu
01 January 2022 - 31 January 2023
A.4.2. Executive management of ELSA’s subsidiaries
Robert Moraru
01 February 2023 - =28 July 2023
The tables below show the subsidiaries’ executive managers with delegated management duties by Board of
Ionel Boja
01 August 2023 – 31 December 2023
Directors of ELSA subsidiaries in 2023, as well as until the date of this report, as follows:
The distribution subsidiary DEER– until the date of the report
Ionel Boja
01 January 2024 – present
Mandate until the date
(for acting executive
managers at the date of
the report)
(day month year)
31 January 2025
31 January 2025
Financial Division
Manager (interim)
Financial Division
Manager
Business Support
Division Manager
Asset Management
Division Manager
Commercial Division
Manager
Commercial Division
Manager (interim)
Commercial Division
Manager
Name
Period
(day month year)
Function
Mandate until the date
(for acting executive
managers at the date of
the report)
(day month year)
Mihaela Rodica Suciu
29 September 2022 – present
General Manager
05 October 2026
Mihaela Rodica Suciu
01 January 2022 – 04 April 2022
suspended
Network Development
Manager
31 December 2024
Valentin Branescu
01 January 2022 – 31 January 2023
Sinan Mustafa
01 January 2022 – 31 January 2023
Sinan Mustafa
15 October 2022 – 31 January 2023
Vasile Farcas
01 January 2022 – 31 January 2023
Dragos Eduard Staicu
01 January 2022 – 31 January 2023
Lucian Penes
04 July 2022 – 06 July 2023
Deputy General
Manager
Deputy General
Manager
Energy Management
Manager
Network Operations
Manager
Integration Division
Manager
Financial Division
Manager
Gabriel Gheorghe
01 February 2023 – present
Strategy and Planning
Manager
31 January 2025
Gabriel Adrian Margin
01 February 2023 – 12 September 2023
Technical Division
Manager
Gabriel Adrian Margin
13 September 2023 – 31 December
2023
Technical Division
Manager (interim)
Mihaela Rodica Suciu
01 January 2024 – present
Technical Division
Manager (interim)
by the date of completion of
the selection procedure
Source: Electrica
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The supply subsidiary EFSA – until the date of the report
Nume
Period
(day month year)
Function
Mandate until the date
(for acting executive
managers at the date
of the report)
(day month year)
Darius-Dumitru Mesca
1 October 2019 - present
General Manager
31 May 2024
Claudiu - Daniel Radulescu
20 May 2022 –
06 October 2023
Deputy General Manager
Dumitru Chirita
27 October 2023 - present
Deputy General Manager
31 May 2024
Ruxandra-Madalina Rusu
20 May 2022 – present
Financial Division Manager
31 May 2024
Paul-Ferdoschi
20 May 2022 – present
Sales Division Manager
31 May 2024
Mihai Beu
20 May 2022 – present
George-Marian Fertu
13 October 2022 - present
Source: Electrica
Portfolio Management
Division Manager
Operations Division
Manager
31 May 2024
31 May 2024
The energy services subsidiary SERV – until the date of the report
Nume
Period
(day month year)
Function
Mandate until the date
(for acting executive
managers at the date
of the report)
(day month year)
Calin Ionel Dobra
18 October 2022 - present
General Manager
31 May 2024
Deputy General Manager
31 May 2024
Nitu Violeta Florentina
Mircea Nicolae Cotoros
07 December 2023 -
present
03 April 2023 –
03 October 2023
Magdalena Necula
16 October 2023 - present
Vasile Ionel Bujorel Oprean
01 December 2017-
16 December 2023
Source: Electrica
Financial Manager
Assumption of duties and
responsibilities of Financial
Manager on the basis of an
individual labor agreement
Property Management
and Product Development
Manager
The electricity production subsidiary EPE – until the date of the report
The Board of Directors did not appoint executive managers within the subsidiary during the period from its
establishment until the dissolution of the company following the merger by absorption by ELSA.
A.4.3. Number of shares owned by the managers of Electrica
Group
As table below shows the situation of ELSA shares held by the executive managers of the companies in the
Group, currently on the position, which were mentioned in this chapter, a situation valid both on 31 December
2023, as well as on 13 February 2024:
Name
Number of shares
Weight in the share capital (%)
Anamaria Cristina Andro
1000
0.00029
Source: Electrica
According to information held by ELSA, there is no contract, understanding or family relationship between
the executive managers of the Group companies mentioned in this chapter, currently on the position, and
another person who may have contributed to their appointment as executive managers.
According to available information, the members of the BoD and the executive managers of the Group
companies mentioned in this chapter, currently on the position, have not been involved, in the last five years,
in any litigations or administrative procedures related to their activity within the Group and to their capacity
to fulfil their work-related duties within the Group, with the exception of the following disputes registered in
the records of the Litigation Department of DEER:
Item
no.
Adverse
party
Procedural
quality
Subject of
the action
File no.
The Court
Procedural
status
Term of court
1
2
Sinan
Mustafa
claimant
Sinan
Mustafa
claimant
action in
tort (moral
damages)
contractual
liability action
(bonus on
termination
of mandate
and related
interest)
6165/211/2022
Cluj-Napoca
Court of Law
in progress
10 April 2024
10249/211/2023
Cluj-Napoca
Court of Law
in progress
16 January 2024
29 February 2024
Source: Electrica
With the exception of one situation, i.e. EFSA’s Deputy General Manager is party to a dispute for the working
group.
2023 DIRECTORS’ REPORTAPPENDIX 4 – CORPORATE GOVERNANCE2023 DIRECTORS’ REPORTELECTRICA S.AAPPENDIX 4 – CORPORATE GOVERNANCEELECTRICA S.A2023 ANNUAL REPORT2023 ANNUAL REPORT
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357
A.4.4. General Meetings of Shareholders of ELSA
subsidiaries
Corporate approvals at GMS/BoD level in the case of ELSA’s subsidiaries are regulated through their articles
of association, as well as through the implemented corporate policies.
ELSA, as majority shareholder of its subsidiaries, voted in their GMS in 2023 on various topics, amongst which
the most important are related to:
• revenue and expenses budgets, financial statements, financial part of the individual annual investment
plan, distribution of the annual result;
• modification of the general debt limit for DEER (temporary) and EFSA;
• total ceiling of short and medium term financing, valid for facilities contracted by Electrica Furnizare
SA during 2023, as well as within 6 months from 22 November 2023, regarding financing contracted by
Electrica Furnizare SA from banking institutions (commercial banks or international financial institutions -
IFIs) for financing current activities, including for refinancing purposes, with Electrica guarantee;
• total ceiling of short, medium and long term financing available for facilities contracted by Distributie
Energie Electrica Romania SA during 2023, as well as within 6 months from 22 November 2023, which can
be contracted by Distributie Energie Electrica Romania SA from banking institutions (commercial banks
or international financial institutions - IFIs) to cover additional costs related to its own technological
consumption, as well as to finance working capital and investment projects, including for refinancing
purposes, with Electrica’s guarantee;
• setting KPIs for the Board members;
• appointment of the financial auditor for 3 years in the case of DEER, EFSA and SERV and of the auditors in
the case of EPE;
• amendments/additions/guarantees related to facilities contracted from commercial banks or
international financial institutions in the case of DEER and EFSA;
• topics related to the merger in the capacity of EPE as the absorbed company, together with GECI and EEV
by ELSA as the absorbing company;
• the opportunity to purchase in batches the services of printing, printing and distribution of electricity/
natural gas invoices and other documents and computerised archiving of documents resulting from the
distribution of disconnection notices for a period of two years for EFSA;
• appointment of the directors in the Board of Directors of the subsidiaries.
Starting with the end of 2019/beginning of 2020, a unitary policy was implemented within the Group’s
subsidiaries, regarding the organization and conduct of the General Meetings of Shareholders of the
Electrica Group companies, whose objectives are for each company to obtain the corporate approvals in the
competence of the GMS in a timely manner, in order to carry out in good conditions the operational activity,
in compliance with all legal and statutory provisions, implementation of a unitary system of convening,
organizing, carrying out the GMS meetings in Electrica Group, as well as better tracking of the implementation
of GMS resolutions.
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Appendix 5 – Table list
Table 1. Company details
Table 2. Key financial data for 2023 – 2021 - S-IFRS-EU
Table 3. Key financial data for 2023 – 2021 - S-OMFP 2844/2016
Table 4. ELSA’s subsidiaries
Table 5. ELSA’s associates
Table 6. Long term investments owned by ELSA
Table 7. The key drivers of changes in the electricity market
Table 8. Ownership structure
Table 9. BSE Shares and Global Depositary Receipts (GDRs) on LSE
Table 10. Members of the BoD in 2023
Table 11. Participation of the BoD members at the BoD meetings and of the committees meetings in 2023
Table 12. ELSA’s Executive management during 2023, appointed on the basis of mandate contracts
Table 13. ELSA’s compliance with the provisions of the BSE Corporate Governance Code
Table 14. Operating segments
Table 15. The electricity distribution tariffs approved by ANRE starting with 1 April 2023
Table 16. Number of users and volume of installations as of 31 December 2023
Table 17. Degree of attrition of the installations
Table 18. Investment program approved by ANRE for 2019-2023 (RON mn.)
Table 19. Investments planned 2023 vs achieved 2023(RON mn.)
Table 20. The synthetic structure of investments achieved by distribution subsidiary in 2023 (RON mn.)
Table 21. PIF plan vs achieved 2023 (RON mn.)
Table 22. RAB evolution 2014-2023 (RON mn.)
Table 23. Number of employees evolution 2023 – 2019
Table 24. Group’s employment by age, 2023 - 2021
Table 25. Consolidated statement of the financial position 2023-2021 (RON mn.) – S-IFRS-EU
Table 26. Cash and cash equivalents 2023-2021 – S-IFRS-EU
Table 27. Number of shares 2023 - 2021 – S-IFRS-EU
Table 28. Revaluation reserves 2023-2021 (RON mn.) – S-IFRS-EU
Table 29. Legal reserves 2023-2021 (RON mn.) – S-IFRS-EU
Table 30. Consolidated statement of the financial position 2023-2021 (RON. mn) – S-OMFP 2844/2016
Table 31. Cash and cash equivalents 2023-2021 – S-OMFP 2844/2016
Table 32. Number of shares 2023 - 2021 – S-OMFP 2844/2016
Table 33. Revaluation reserves 2023-2021 (RON mn.) – S-OMFP 2844/2016
14
18
20
57
57
58
65
76
79
95
108
116
123
144
146
149
151
152
153
154
156
156
162
163
174
177
178
178
179
180
183
183
184
Table 34. Legal reserves 2023-2021 (RON mn.) – S-OMFP 2844/2016
Table 35. Consolidated statement of profit or loss (RON mn.) – S-IFRS-EU
Table 36. Electricity, natural gas and goods purchased 2023-2021 (RON mn.) – S-IFRS-EU
Table 37. Consolidated statement of profit or loss (RON mn.) – S-OMFP 2844/2016
Table 38. NL - intangible assets 2023 (RON mn.) – S-OMFP 2844/2016
Table 39. Electricity, natural gas and goods purchased 2023-2021 (RON mn.) – S-OMFP 2844/2016
Table 40. Consolidated cash flow statement (RON mn.) –S-IFRS-EU
Table 41. Consolidated cash flow statement (RON mn.) –S-IFRS-EU
Table 42. Separate statement of the financial position (RON mn.)
Table 43. Cash, restricted cash and short-term investments 2023-2021 (RON mn.)
Table 44. Loans granted to subsidiaries 2023-2021 (RON mn.)
Table 45. Dividends 2023-2021 (RON mn.)
Table 46. 2023 Provisions (RON mn.)
Table 47. Separate statement of profit or loss (RON mn.)
Table 48. Separate statement of cash flow (RON mn.)
Table 49. Statement of financial position (RON mn.) – S-IFRS-EU
Table 50. Statement of profit or loss (RON mn.) – S-IFRS-EU
Table 51. Statement of cash flow (RON mn.) – S-IFRS-EU
Table 52. Risks and uncertainties as of 31 December 2023
Table 53. Credit risk and expected credit losses for trade receivables as of 31 December 2023
Table 54. Credit risk and expected credit losses for trade receivables as of 31 December 2022
Table 55. Credit risk and expected credit losses for trade receivables as of 31 December 2021
Table 56. Contractual maturities of financial liabilities (RON mn.)
Table 57. Exposure to currency risk 2023-2021
Table 58. Average rate and year-end spot rate
Table 59. Sensitivity analysis
Table 60. Fixed-rate and variable-rate instruments
Table 61. Cash flow sensitivity analysis for variable-rate instruments
185
186
188
192
194
195
199
203
207
210
210
211
211
212
214
218
218
219
222
227
227
228
229
230
230
231
231
232
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361
Figure 33: Competitive Market, 2023
Figure 34: Volume of electricity supplied on the retail market (TWh)
Figure 35: Evolution of consumer numbers (ths.)
Figure 36: Consumers structure with split on electricity volumes supplied in 2023
Figure 37: Consumers structure with split on revenues in 2023
Figure 38: PRE Electrica Furnizare Members
Figure 39: Frequency index 2021-2023
Figure 40: PCB capacitors in operation at the end of 2023 compared to 2022
Figure 41: The quantity of waste (in tons) generated and the treatment methods
Figure 42: Revenue for 2023 and comparative information (RON mn.) – S-IFRS-EU
Figure 43: EBITDA and EBITDA margin for 2023 and comparative information (RON mn. and %) – S-IFRS-EU
Figure 44: EBIT and EBIT margin for 2023 and comparative information (RON mn. and %) – S-IFRS-EU
Figure 45: Net profit and Net profit margin for 2023 and comparative information (RON mn. and %) – S-IFRS-EU
Figure 46: Analysis of net regulated result - OMFP 1802/2014 - OMFP 2844/2016 - IFRS-EU for distribution segment
2023 (RON mn.) – S-IFRS-EU
Figure 47: Revenue for 2023 and comparative information (RON mn.) – S-OMFP 2844/2016
Figure 48: EBITDA and EBITDA margin for 2023 and comparative information (RON mn. and %) – S-OMFP
2844/2016
Figure 49: EBIT and EBIT margin for 2023 and comparative information (RON mn. and %) – S-OMFP 2844/2016
Figure 50: Net profit and Net profit margin for 2023 and comparative information (RON mn. and %) – S-OMFP
2844/2016
Figure 51: Analysis of net regulated result –OMFP 1802/2014 – OMFP 2844/2016 - for distribution segment 2023
(RON mn.) – S-OMFP 2844/2016
159
159
159
160
160
161
165
167
167
187
189
189
190
191
193
196
196
197
198
Appendix 6 – Figures list
Figure 1: Consolidated revenue of Electrica Group (RON mn.) - S-IFRS-EU
Figure 2: EBITDA (RON mn.) and EBITDA margin (%)- S-IFRS-EU
Figure 3: Consolidated net profit (RON mn.) - S-IFRS-EU
Figure 4: Net debt (RON mn.) - S-IFRS-EU
Figure 5: Consolidated revenue of Electrica Group (RON mn.) - S-OMFP 2844/2016
Figure 6: EBITDA (RON mn.) and EBITDA margin (%) - S-OMFP 2844/2016
Figure 7: Consolidated net profit (RON mn.) - S-OMFP 2844/2016
Figure 8: Net debt (RON mn.) - S-OMFP 2844/2016
Figure 9: Romanian electricity distribution map
Figure 10: Evolution of the number of users (mn.)
Figure 11: Quantity distributed (TWh)
Figure 12: Revenues - distribution segment (RON mn.) - S-IFRS-EU
Figure 13: EBITDA – distribution segment (RON mn.) - S-IFRS-EU
Figure 14: Net Profit – distribution segment (RON mn.) - S-IFRS-EU
Figure 15: Net debt/(cash) – distribution segment (RON mn.) - S-IFRS-EU
Figure 16: Revenues - distribution segment (RON mn.) - S-OMFP 2844/2016
Figure 17: EBITDA – distribution segment (RON mn.) - S-OMFP 2844/2016
Figure 18: Net Profit – distribution segment (RON mn.) - S-OMFP 2844/2016
Figure 19: Net debt/(cash) – distribution segment (RON mn.) - S-OMFP 2844/2016
Figure 20: Revenues - supply segment (RON mn.)
Figure 21: EBITDA - supply segment (RON mn.)
Figure 22: Net profit - supply segment (RON mn.)
Figure 23: Net debt/(Cash) - supply segment
Figure 24: Ownership structure as of 31 December 2023
Figure 25: Evolution of the adjusted closing price of ELSA’s shares vs BET-TR index during 2023 and January 2024
Figure 26: Monthly trading volume and weighted average monthly closing price of shares on BSE (in RON) and
GDRs on LSE (in USD) during 2023 and January 2024
Figure 27: Gross dividends distributed (2014-2022) (RON mn.)
Figure 28: Gross dividend per share (RON) and dividend yield (%)
Figure 29: The geographical coverage of the companies in the Electrica Group in 2023
Figure 30: The structure of CAPEX achievements for distribution operator within the Group, in 2023 (RON mn.)
Figure 31: Market share of distribution segment in 2022
Figure 32: Total market shares, 2023
19
19
19
19
21
21
21
21
22
22
22
23
23
24
24
24
24
24
24
25
25
25
25
77
80
81
84
85
144
155
158
159
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363
Glossary
ANRE
Romanian Energy Regulatory Authority
ASF
BPS
BoD
BRP
BSE
BTA
CAPEX
CGC
CMC
Romanian Financial Supervisory Authority (Autoritatea de Supraveghere
Financiara)
Basis points
Board of Directors
Balance Responsible Party
Bucharest Stock Exchange
Business Transfer Agreement
Capital Expenditure
Corporate Governance Code
Competitive Market Component
CMBC (EA/CN)
CMNG-AN
CMNG-PA
Centralized Market for Bilateral Contracts (Extended Auction/Continuous
Negotiation)
Centralized Market for Bilateral Natural Gas Contracts – Auction and Negotiation
Centralized Market for Bilateral Natural Gas Contracts – Public Auction
CMNG – OTC
Centralized Market for Bilateral Natural Gas Contracts – OTC
CMUS
CNTEE
CSR
DAM
Centralized Market for Universal Service
The National Transmission System Operator
Corporate Social Responsibility
Day Ahead Market
DAM-NG
Day Ahead Market – Natural Gas
DEER
DSO
DMS
EEA
EBIT
Distributie Energie Electrica Romania
Distribution System Operator
Distribution Management System
European Economic Area
Earnings before interest and tax
EBITDA
Earnings before interest, tax, depreciation and amortization
EDN
EGMS
EFSA
ELSA
ERM
EU
Electrical Distribution Network
Extraordinary General Meeting of Shareholders
Electrica Furnizare SA
Electrica SA
Enterprise Risk Management
European Union
EUR
FCA
The monetary unit of several member states of the European Union
Financial Conduct Authority – United Kingdom
FPM-LT
Medium and Long-Term Flexible Products Market
GC
GDP
GDR
GEO
GMS
HV
IAS
IFRIC
IFRS
IM-NG
IMS
IPO
IR
ISIN
KPI
kV
LOC
LR
LSH
LV
MV
MVA
MWh
MKP
NAFA
NES
NL
NRC
OMPF
Green Certificates
Gross Domestic Product
Global Depositary Receipts
Government Emergency Ordinance
General Meeting of Shareholders
High Voltage
International Accounting Standard
International Financial Reporting Interpretations Committee
International Financial Reporting Standard
Intraday Market for Natural Gas
Integrated Management System
Initial Public Offering
Investor Relations
International Securities Identification Number
Key Performance Indicators
KiloVolt
Land Ownership Certificate
Last Resort
Labor safety and health
Low Voltage
Medium Voltage
Mega Volt Ampere
MegaWatt hour
Management Key Position
National Agency for Fiscal Administration
National Electricity System
Network Losses
Nomination and Remuneration Committee
Order of Ministry of Public Finances
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365
OGMS
OHS
OHSAS
OPCOM
PCB
RAB
RM
RON
RRR
SAD
SAPE
SCADA
SDEE
SDMN
SDTN
SDTS
SED
SEM
SEO
SoLR
SPO
TWh
TSO
UM
US
USD
VAT
Ordinary General Meeting of Shareholders
Occupational Health and Safety
Occupational Health and Safety Assessment Series
Romanian Gas and Electricity market operator
Polychlorinated Biphenylsor
Regulated Asset Base
Retail Market
Romanian monetary unit
Regulated Rate of Return
Distribution Automation System
Societatea de Administrare a Participatiilor in Energie
Supervisory Control And Data Acquisition
Societatea de Distributie a Energiei Electrice SA
Societatea de Distributie a Energiei Electrice Muntenia Nord SA
Societatea de Distributie a Energiei Electrice Transilvania Nord SA
Societatea de Distributie a Energiei Electrice Transilvania Sud SA
Servicii Energetice Dobrogea SA
Servicii Energetice Muntenia SA
Servicii Energetice Oltenia SA
Supplier of last resort
Secondary Public Offering
TeraWatt hour
Transmission and system operator
Unit of Measurement
Universal Service
United States Dollar
Value Added Tax
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367
EXPLANATIONS
Regarding the Differences
between Consolidated
Financial Statements
OMFP 2844/2016 vs
IFRS-EU
368
369
Explanations Regarding the Differences Between the Consolidated
Financial Statements OMFP 2844/2016 vs IFRS-EU and Regarding
the Restatement of the IFRS 2022 Financial Statements
Electrica announced the information in this chapter through the current report BSE:IRIS code 09C80 from 25
March 2024 and LSE:RNS Code 2225I from 25 March 2024.
In the consolidated financial statements prepared in accordance with IFRS-EU for the year 2023, Electrica
Group has restated the consolidated financial statements for the year 2022, as a result of the consultations
that took place during 2023 and finalized at the beginning of 2024 with the global financial auditors, also
considering the complexity of the case under analysis, the auditors concluded that, in the absence of
finalization of the consultation phase on IFRS 14 “Deferred charges related to regulated activities”, which
specifies the treatment of capitalized costs from regulated activities, the arguments offered by the
Company’s management aligned with the opinion of external financial consultants for the inclusion of
these additional costs related to NL in other IFRS standards in force (IFRS 9 or IFRIC 12), are not sufficient.
Electrica Group published on 20 September 2023 an announcement regarding the above consultations, the
status and possible impact on the published consolidated financial statements (BSE:IRIS code C96A2 from
20 September 2023 and LSE:RNS Code 1027N from 20 September 2023).
2022 Context:
Until 31 December 2021, the consolidated financial statements prepared in accordance with OMFP no.
2844/2016 were equivalent to IFRS-EU. Starting from December 31, 2022, according to the Order of the
Ministry of Public Finances (OMFP) no. 3900/2022, a new clause was provided regarding the regulatory
accounts to cover the additional expenses of the network losses (“NL”) for the actual energy costs
compared to the ANRE ex-ante prices recognized in the distribution tariffs, by constituting intangible assets
for these additional expenses. This amendment to the financial regulations of OMFP 3900/2022, was a result
of the electricity prices context of 2022, which determined ANRE to issue, for the Distribution Operators, a
new methodology regarding additional costs with NL during the period 1 January 2022 – 31 March 2025.
The calculation 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. According to ANRE
regulations, the capitalized costs as intangible assets are recorded in the accounting record and therefore
in the annual financial statements according to the instructions issued by the Ministry of Finance. ANRE
will determine the recognized annual amounts of capitalized costs based on the recognized quantities
and prices for NL. Revenue from the production of intangible fixed assets represents additional own
technological consumption calculated as the difference between the net cost of acquisition and the cost of
own technological consumption included in the regulatory tariff.
In the set of audited consolidated financial statements prepared in accordance with IFRS-EU as at and for 31
December 2022, these expenses had a different applicable financial treatment, based on the amendment
of the concession contracts regarding the recognition of additional costs (actual costs vs. recognized ex-
ante in tariffs) with the purchase of electricity to cover NL for the distribution segment. On January 20, 2023,
the Ministry of Energy, as grantor, amended the concession contract with Electrica Group for the distribution
segment to reflect that in the event of early termination of the concession contract for any reason, the
new concessionaire would reimburse the Group for the amount of unrecovered capitalized costs at the
time of termination of the concession contract with the purchase of electricity for its own technological
consumption compared to the costs included in the regulated tariffs. Based on the amendments to the
concession contracts, the additional cost of purchasing electricity to cover the distribution operators’ NL
was recognized as a financial asset - part of the concession contract. These amounts are guaranteed by
the concession contract, which has been amended according to legal provisions. The resulting financial
assets have been presented in the consolidated financial statements at fair value determined as the net
present value of the additional electricity purchase costs incurred by the distribution subsidiary for NL.
2023 Context:
In the audited annual consolidated financial statements for the year 2023, prepared in accordance with
OMFP no. 2844/2016, for the approval of the Accounting Regulations in accordance with the International
Financial Reporting Standards adopted by the European Union as amended, the Group has recorded for
the year 2023, intangible assets and income from the production of intangible assets in the amount of
RON 19 million, thus the balance of intangible assets as at 31.12.2023 is RON 771 million (31.12.2022: RON 951
million). The auditor’s opinion for annual consolidated financial statements for the year 2023, prepared in
accordance with OMFP no. 2844/2016 is unqualified – clean report.
In the audited annual consolidated financial statements for the year 2023, prepared in accordance with
International Financial Reporting Standards as adopted by the European Union as amended (IFRS-EU),
the Group has reassessed its previous position on the consolidated financial statements relating to the
recognition of the financial asset recognized as a result of the amendment to the concession agreements,
for which a financial asset in the amount of RON 951 million, representing the difference between the
cost of energy purchase for NL and the cost of NL included in the regulatory tariff by ANRE, for the period
1 January - 31 December 2022, was recognized and comparatives were restated in the current year
financial statements. See note 5 in the IFRS-EU consolidated financial statements. The auditor’s opinion for
the annual consolidated financial statements for the year 2023, prepared in accordance with IFRS-EU is
unqualified – clean report.
It is worth mentioning that in 2023, the additional capitalized NL on the distribution segment was RON 19
million vs. RON 989 million as it was in the previous year, as the Group managed to significantly reduce the
additional electricity procurement costs for NL on the distribution segment following the implementation of
MACEE.
In conclusion, for the annual consolidated financial statements for the year 2023 prepared in accordance
with OMFP 2844/2016, the Group recognizes intangible assets in correspondence with revenue from the
production of intangible assets as a result of the additional difference in NL for the distribution subsidiary,
the assets being amortized over a period of 5 years, while in the audited annual consolidated financial
statements for the year 2023, prepared in accordance with IFRS-EU, the recovery of revenue related to NL
capitalized in the previous period is recovered in the year in question, without recognizing intangible assets,
the revenue being included in the Group’s turnover. Therefore, the significant difference in the income
statement from 2023 between the set of financial statements according to OMFP 2844/2016 and IFRS-EU is
the amortization of intangible assets in the first set, which does not have a correspondence in the second
set, thus there will be differences between the results of the two sets of annual consolidated financial
statements. In regard to the financial position, the difference will be the unamortized value of the intangible
asset recognized on the OMFP 2844/2016 set. Therefore, in order to comply with both local and international
reporting standards and regulations, the Group will prepare two sets of annual consolidated financial
statements, one prepared in accordance with OMFP 2844/2016 and one in accordance with IFRS-EU.
EXPLANATIONS REGARDING THE DIFFERENCES BETWEEN CONSOLIDATED FINANCIAL STATEMENTS OMFP 2844/2016 VS IFRS-EUEXPLANATIONS REGARDING THE DIFFERENCES BETWEEN CONSOLIDATED FINANCIAL STATEMENTS OMFP 2844/2016 VS IFRS-EU2023 ANNUAL REPORT2023 ANNUAL REPORT370
371
2023
SEPARATE FINANCIAL
STATEMENTS
as at and for the year ended
31 December 2023
prepared in accordance with
Ministry of Public Finance Order no. 2844/2016
for the approval of the Accounting Regulations
in accordance with International Financial
Reporting Standards
Free translation from Romanian,
which is the official and binding version
372
373
Contents
Separate statement of financial position
Separate statement of profit or loss
Separate statement of comprehensive income
Separate statement of changes in equity
Separate statement of cash flows
Notes to the separate financial statements
Basis of preparation
1.
2.
3.
4.
5.
Merger by absorption into Electrica S.A.
Reporting entity and general information
Basis of accounting
Functional and presentation currency
Use of judgments and estimates
Accounting policies
6.
7.
8.
9.
Basis of measurement
Changes in significant accounting policies
Significant accounting policies
Adoption of new and revised standards
Performance for the year
10. Other income and operating expenses
11.
Net finance income
12.
Earnings per share
Employee benefits
13.
Short-term employee benefits
14.
Post-employment and other long-term employee benefits
15.
Employee benefit expenses
374
376
377
378
380
382
384
387
388
388
389
389
389
398
401
401
402
402
403
406
Long-term bank loans
16.
Bank borrowings and overdrafts
Income tax
17.
Income tax
Assets
18.
Trade receivables
19. Other receivables
20. Cash and cash equivalents
21.
Property, plant and equipment
22.
Intangible assets
23.
Investments in subsidiaries
24.
Investments in associates
25.
Loans granted to subsidiaries
Equity and liabilities
26. Capital and reserves
27. Trade payables
28. Other payables
29. Provisions
Financial instruments
30. Financial instruments - fair values and risk management
Other information
31.
Related parties
32. Contingencies
33. Commitments
34. Subsequent events
407
408
409
411
412
412
415
416
417
419
423
425
425
426
426
431
435
436
437
2023 SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORT2023 SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORT374
375
Note
31 December
31 December
2023
2022
Note
31 December
31 December
2023
2022
ASSETS
Non-current assets
Property, plant and equipment
Intangible assets
Goodwill
Investments in subsidiaries
Investments in associates
Other investments
Loans granted to subsidiaries – long term
Right of use assets
Total non-current assets
Current assets
Cash and cash equivalents
Trade receivables
Other receivables
Inventories
Prepayments
Loans granted to subsidiaries – short term
Assets held for sale
Total current assets
Total assets
EQUITY AND LIABILITIES
Equity
Share capital
Share premium
Treasury shares reserve
Pre-paid capital contributions in kind from shareholders
Revaluation reserves
Legal reserves
Other reserves
Retained earnings
Total equity
(Continued on next page)
21
22
22
23
24
25
20
18
19
25
26
26
26
26
26
26
26
145,084,285
98,939,502
1,112,707
1,446,450
126,189
-
2,309,928,230
2,298,128,361
16,637,710
7,000,000
18,821,421
7,000,000
1,279,262,987
1,276,325,000
4,013,286
248,087
3,764,485,655
3,699,588,560
19,154,241
105,631,939
1,747,406
795,526
597,845,163
501,493,067
2,836
1,014,231
89,659,699
279,655
-
1,023,678
45,034,523
279,655
Liabilities
Non-current liabilities
Lease liability – long term
Employee benefits
Long-term bank borrowings
Total non-current liabilities
Current liabilities
Current portion of long-term bank borrowings
Bank overdrafts
Lease liability – short term
Trade payables
Other payables
Deferred revenue
Employee benefits
Provisions
Total current liabilities
Total liabilities
14
16
20
27
28
13,14
29
3,271,217
1,326,142
54,049
1,095,651
-
100,000,000
4,597,359
101,149,700
216,768,248
205,520,079
207,830,772
797,944
6,645,430
215,561
4,744,726
51,096,530
36,474,707
285,152
7,254,982
725,084
173,187
5,840,131
1,041,676
489,093,450
256,320,760
493,690,809
357,470,460
709,703,231
654,258,388
Total equity and liabilities
4,474,188,886
4,353,846,948
4,474,188,886
4,353,846,948
The accompanying notes are an integral part of these separate financial statements.
3,464,435,970
3,464,435,970
103,049,177
103,049,177
(75,372,435)
(75,372,435)
7,366
7,366
20,258,665
11,806,704
231,595,694
229,435,101
224,105,807
224,105,807
12,417,834
38,908,798
3,980,498,078
3,996,376,488
Chief Executive Officer
Alexandru-Aurelian Chirita
Chief Financial Officer
Stefan Alexandru Frangulea
25 March 2024
SEPARATE STATEMENT OF FINANCIAL POSITIONAS AT 31 DECEMBER 20232023 ANNUAL REPORTSEPARATE STATEMENT OF FINANCIAL POSITION2023 ANNUAL REPORTELECTRICA S.AAS AT 31 DECEMBER 2023ELECTRICA S.A
376
377
Other income
Employee benefits
Depreciation and amortization
Reversal of impairment of trade and other receivables, net
Reversal of impairment/(Impairment) of property, plant and
equipment, net
Change in provisions for legal cases and non-compete clauses,
net
Other operating expenses
Loss before finance result
Finance income
Finance costs
Net finance income
Share of results of associates
Profit before tax
Income tax benefit
Profit for the year
Earnings per share
Basic and diluted earnings per share (RON)
Note
10
15
21,22
18,19
21
29
10
11
11
24
17
12
2023
2022
Note
2023
2022
1,442,602
5,179,621
(30,295,203)
(30,156,958)
(1,448,001)
(1,586,304)
568,609
853,836
101,380
4,840
322,045
3,196,438
(21,247,445)
(18,538,612)
(49,803,557)
(41,799,595)
97,634,651
78,298,886
(29,737,518)
(12,440,801)
67,897,133
65,858,085
Profit for the year
23,940,836
24,304,885
Other comprehensive income
Items that will not be reclassified to profit or loss
Revaluation of property, plant and equipment
Tax related to revaluation of property, plant and equipment
Effect of the merger on the revaluation of property, plant and
equipment
Effect of the merger in deferred tax on the revaluation of tangible
fixed assets
Re-measurements of the defined benefit liability
Tax related to re-measurements of the defined benefit liability
26
17
26
17
14
17
6,988,472
(1,138,457)
2,701,689
(62,344)
(25,755)
4,121
-
-
-
-
1,621,494
(259,439)
Other comprehensive income, net of tax
8,467,726
1,362,055
(38,825)
(13,044)
Total comprehensive income
32,408,562
25,666,940
18,054,751
24,045,446
5,886,085
259,439
23,940,836
24,304,885
0.07
0.07
The accompanying notes are an integral part of these separate financial statements.
Chief Executive Officer
Alexandru-Aurelian Chirita
Chief Financial Officer
Stefan Alexandru Frangulea
The accompanying notes are an integral part of these separate financial statements.
25 March 2024
Chief Executive Officer
Alexandru-Aurelian Chirita
Chief Financial Officer
Stefan Alexandru Frangulea
25 March 2024
SEPARATE STATEMENT OF PROFIT OR LOSSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTSEPARATE STATEMENT OF COMPREHENSIVE INCOME2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
378
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SEPARATE STATEMENT OF CHANGES IN EQUITYFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTSEPARATE STATEMENT OF CHANGES IN EQUITY2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
380
381
Cash flows from operating activities
Cash flows from investing activities
Note
2023
2022
Note
2023
2022
23,940,836
24,304,885
Payments for purchases of property, plant and equipment
Profit for the year
Adjustments for:
Depreciation
Amortisation
Reversal of impairment of property, plant and equipment, net
Reversal of impairment of trade and other receivables, net
Net finance income
Share of loss of associates
Changes in employee benefits obligations
Changes in provisions, net
Income tax benefit
Changes in:
Trade receivables
Other receivables
Trade payables
Other payables
Employee benefits
19
20
19
16,17
9
22
12
27
15
937,740
510,261
(853,836)
(568,609)
1,006,439
579,865
(4,840)
(101,380)
(67,897,133)
(65,858,085)
38,825
219,205
(332,592)
(5,886,085)
13,044
(4,977,943)
(3,196,438)
(259,439)
(49,880,842)
(48,493,892)
(14,127)
(12,621,613)
1,560,732
229,663
1,306,130
231,727
(489,743)
428,462
757,931
64,760
Cash flow used in operating activities
(59,420,057)
(47,500,755)
Interest paid
(29,647,323)
(12,238,993)
Net cash used in operating activities
(89,067,380)
(59,739,748)
(Continued on next page)
Payments for purchase of intangible assets
Payments for purchase of interests in subsidiaries, net
Proceeds from the sale of property, plant and equipment
Proceeds from loans granted to subsidiaries
Payment for acquisition of investment in associate
Payment for other long term investments
Loans granted to subsidiaries
Cash used by subsidiaries under the cash pooling facility
Interest received
Net cash (used in)/from investing activities
Cash flows from financing activities
Dividends paid
Payment of lease liabilities
Repayment / Proceeds from overdrafts
Long-term bank borrowings
Net cash used in financing activities
Net decrease / increase in cash and cash equivalents
Cash and cash equivalents at 1 January
Cash and cash equivalents transferred on merger
Reclassification of overdrafts previously presented as cash and
cash equivalents
Cash and cash equivalents at 31 December
The accompanying notes are an integral part of these separate financial statements.
(1,779,204)
(970,642)
(12,376,633)
-
-
(38,825)
(1,875,869)
(166,015)
(4,439,771)
1,179,434
135,945,985
(13,044)
-
(7,000,000)
(92,296,606)
(150,980,508)
23,29
(75,423,575)
96,254,223
81,289,620
72,086,815
(86,631,261)
126,026,647
24
(40,136,410)
(153,150,278)
(479,678)
(2,310,693)
(552,172)
87,289,418
15
116,768,248
100,000,000
73,841,467
33,587,068
(101,857,173)
99,873,967
105,631,939
(114,783,382)
15,379,476
-
120,541,354
19,154,241
105,631,939
18
18
18
18
Chief Executive Officer
Alexandru-Aurelian Chirita
Chief Financial Officer
Stefan Alexandru Frangulea
25 March 2024
SEPARATE STATEMENT OF CASH FLOWSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTSEPARATE STATEMENT OF CASH FLOWS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
382
383
1. Merger by absorption into Electrica S.A.
On 23 August 2023 the Extraordinary General Meeting of Shareholders (EGM) of Electrica SA approved
in principle the merger by absorption between Societatea Energetica Electrica SA (Electrica SA or ELSA),
Societatea Electrica Productie Energie SA (EPE), Electrica Energie Verde 1 SRL (EEV1) and Green Energy
Consultancy & Investments SRL (GECI) (together “the Companies”) and the participation of the Companies
in the merger, with Societatea Energetica Electrica SA as the absorbing company, Electrica Productie
Energie SA, Electrica Energie Verde 1 SRL and Green Energy Consultancy & Investments SRL as absorbed
Investments in subsidiaries
Investments in associates
Other investments
companies, with the effective date of the merger being 31 December 2023.
Loans granted to subsidiaries – long term
On December 20, 2023, the Extraordinary General Meeting of Shareholders approved the merger by
absorption between Electrica SA and the absorbed companies, on the basis of the merger project
registered at the Commercial Registry Office of the Bucharest Court and published in the Official Gazette of
Romania, Part IV, no. 4953 of 07 November 2023, and voting in favour of the approval of the liquidation and
deregistration from the Commercial Register and from the records of the financial administration of the
absorbed companies as from the effective date of the merger, i.e. 31 December 2023.
On January 3, 2024, the Decision no. 74/03.01.2024 was pronounced, admitting the application registered
under no. 620095 dated 27.12.2023 regarding the registration of the merger in the commercial register on
31.12.2023, of the company Societatea Energetica Electrica SA and the deregistration from the commercial
Right of use assets
Total non-current assets
Current assets
Cash and cash equivalents
Trade receivables
Other receivables
Inventories
Prepayments
register of the companies Societatea Electrica Productie Energie SA, Electrica Energie Verde 1 SRL and Green
Loans granted to subsidiaries – short term
Energy Consultancy & Investments SRL.
Therefore, the merger took effect from the effective date, that is 31 December 2023, when Electrica Productie
Energie SA, Electrica Energie Verde 1 SRL and Green Energy Consultancy & Investments SRL as absorbed
Assets held for sale
Total current assets
companies terminated their existence, being dissolved and deregistered. All the assets and liabilities held
Total assets
by these companies were transferred by effect of the merger by absorption and by operation of law to
Societatea Energetica Electrica S.A., as the absorbing company, without increasing the share capital of
Electrica S.A. as a result of the merger and without issuing new shares in the share capital of the absorbing
company.
The merger of the above four companies was completed and registered with the National Trade Registry
Office on January 3, 2024, with an effective date of December 31, 2023.
EQUITY AND LIABILITIES
Equity
Share capital
Share premium
Treasury shares reserve
The financial results and Statement of Financial Position of the merged entities are incorporated
prospectively as of the effective date of the merger, without modification of the pre-merger information.
Pre-paid capital contributions in kind from shareholders
Balances transferred from absorbed companies as at 31.12.2023, before merger adjustments
ASSETS
Non-current assets
Property, plant and equipment
Intangible assets
Fond comercial
Note
31 December
31 December 2023
2023
Balances before
Merger
the merger
adjustments
21
22
22
37,391,998
43,554
-
-
-
1,446,450
Revaluation reserves
Legal reserves
Other reserves
Retained earnings
Total equity
Liabilities
Non-current liabilities
Lease liability – long term
Employee benefits
Deferred tax liabilities
Note
31 December
31 December 2023
2023
Balances before
Merger
the merger
adjustments
31,075,528
(33,836,003)
-
-
9,816,700
1,897,914
-
-
(9,816,700)
-
80,225,695
(42,206,253)
20
15,379,476
365,085
472,595
2,836
58,059
-
-
-
-
(8,190,513)
-
-
(44,733,443)
-
16,278,052
(52,923,956)
96,503,747
(95,130,209)
128,010
(128,010)
-
-
-
2,639,346
202
-
26
26
-
-
-
-
-
-
23,977,010
(32,264,841)
26,744,568
(32,392,851)
1,832,791
-
4,751,749
-
-
-
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
384
385
Note
31 December
31 December 2023
2023
Balances before
Merger
the merger
adjustments
9,816,699
16,401,239
(9,816,699)
(9,816,699)
As at 31 December 2023, the Company’s subsidiaries are the following:
Subsidiary
Activity
Distributie Energie Electrica
Romania S.A. (“DEER”)
Electricity distribution in
geographical areas Transilvania
Nord, Transilvania Sud and
Muntenia Nord
Sole
registration
code
Head Office
% shareholding
14476722
Cluj-Napoca
99.99999929%
Electrica Furnizare S.A. (“EFSA”)
Electricity and natural gas supply
28909028
Bucuresti
99.9998444099934%
-
-
96,570
339,972
-
-
-
Electrica Serv S.A. (“SERV”)
Services in the energy sector
(maintenance, repairs,
construction)
Sunwind Energy S.R.L.
Electricity generation
New Trend Energy S.R.L.
Electricity generation
Foton Power Energy S.R.L.
Electricity generation
17329505
Bucuresti
99.99998095%
42910478
Bucuresti
42921590
Constanta
43652555
Constanta
100%
60%
60%
52,921,740
(52,920,659)
-
(342)
-
-
-
53,357,940
69,759,179
(52,920,659)
(62,737,358)
96,503,747
(95,130,209)
Long-term bank borrowings
Total non-current liabilities
Current liabilities
Current portion of long-term bank borrowings
Bank overdrafts
Lease liability – short term
Trade payables
Other payables
Deferred revenue
Employee benefits
Provisions
Total current liabilities
Total liabilities
Total equity and liabilities
2. Reporting entity and general information
These financial statements are the separate financial statements of Societatea Energetica Electrica S.A.
(“Company” or “Electrica SA”) as at and for the year ended 31 December 2023.
Electrica was originally incorporated as a company in 1998 by Government Decision no. 365/1998, following
the restructuring of the former National Electricity Company (RENEL). On 1 August 2000, following the
restructuring of the former National Electricity Company (CONEL) under the Government Decision no.
627/2000, the Company was allocated a new tax registration number. The registered office of the Company
is no 9, Grigore Alexandrescu Street, District 1, Bucharest, Romania. The Company has sole registration code
13267221 and Trade Register number J40/7425/2000.
As at 31 December 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 a share of ownership 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. 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.
As at 31 December 2023, the Company’s subsidiaries are the following:
Subsidiary
Activity
registration
Head Office
% shareholding
Sole
Distributie Energie Electrica
Romania S.A. (“DEER”)
Electricity distribution in
geographical areas Transilvania
Nord, Transilvania Sud and
Muntenia Nord
code
14476722
Cluj-Napoca
99.99999929%
Electrica Furnizare S.A. (“EFSA”)
Electricity and natural gas supply
28909028
Bucuresti
99.9998444099934%
Electrica Serv S.A. (“SERV”)
Electrica Producție Energie
S.A.(“EPE”)
Services in the energy sector
(maintenance, repairs,
construction)
17329505
Bucuresti
99.99998095%
Electricity generation
44854129
Bucuresti
99.9920%
Sunwind Energy S.R.L.
Electricity generation
New Trend Energy S.R.L.
Electricity generation
42910478
Constanta
42921590
Constanta
Green Energy Consultancy &
Investments S.R.L.
Servicii Energetice Oltenia S.A.
(in bankruptcy)
Servicii Energetice Moldova S.A.
(in bankruptcy)
Servicii Energetice Banat S.A.
(in bankruptcy)
Servicii Energetice Dobrogea
S.A. (in bankruptcy)
Electricity generation
29172101
Prahova
Services in the energy sector
(maintenance, repairs,
construction)
Services in the energy sector
(maintenance, repairs,
construction)
Services in the energy sector
(maintenance, repairs,
construction)
Services in the energy sector
(maintenance, repairs,
construction)
29389861
Craiova
29386768
Bacau
29388211
Timisoara
29388378
Constanta
60%
60%
75%
100%
100%
100%
100%
*On 31.12.2023 the merger by absorption took place between Societatea Energetica Electrica SA (ELSA) as absorbing company and
Societatea Electrica Productie Energie SA (EPE), Electrica Energie Verde 1 SRL (EEV1) and Green Energy Consultancy & Investments SRL
(GECI) as absorbed companies.
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A386
387
As at 31 December 2023, the Company’s associates are the following:
Acquisition of shares in associates
2023 between Company and its former subsidiary,
Associate
Activity
registration
Head Office
as at 31 December
Sole
% shareholding
code
2023
Crucea Power Park S.R.L.
Electricity generation
25242042
Constanta
40%
As at 31 December 2022, the Company’s associates are the following:
Sole
% shareholding
Electrica Energie Verde 1 S.R.L., Electrica SA became
On 15 May 2023, Electrica acquired an additional 10%
a producer of electricity from renewable sources
of the shares and voting interests in Crucea Power
that operates a photovoltaic park in Stanesti,
Park S.R.L.. As a result, the Group’s equity interest
Giurgiu county, with an installed capacity of MW
increased from 30% to 40%.
7.5 (operating capacity limited MW to 6.8). In 2023
the operation of the plant was continuous, with no
Merger by absorption within the Group
significant events leading to production shutdowns,
producing in total MWh 9,599 (2022: MWh 10,466).
Associate
Activity
registration
Head Office
as at 31 December
On 20 December 2023, the Extraordinary General
According to Law no. 220/2008 and based on
code
2022
Meeting of the Company’s Shareholders (EGMS)
the accreditation issued by ANRE, Stanesti park
Crucea Power Park S.R.L.
Electricity generation
25242042
Constanta
Foton Power Energy S.R.L.
Electricity generation
43652555
Constanta
30%
30%
As at 31 December 2023 and 31 December 2022, the Company’s other long term investments are the
following:
approved the merger by absorption between
receives a number of 6 green certificates (“GC”) for
Societatea Energetica Electrica SA (“ELSA”),
each MWh produced and delivered, of which until
Societatea Electrica Productie Energie SA (“EPE”),
2020, 4 GC were issued for trading and 2 GC were
Electrica Energie Verde 1 SRL (“EEV1”) and Green
postponed (the amendment is introduced by Law
Energy Consultancy & Investments SRL (“GECI”)
no. 184/2018). The postponed green certificates will
(together the “Companies”) and the participation
be reinserted starting from 1 January 2021, in equal
of the Companies in the merger, with Societatea
monthly tranches until 31 December 2030.
Company
Activity
registration
code
Sole
Head
Office
% shareholding
% shareholding
as at 31
as at 31
December 2023
December 2022
Energetica Electrica SA as absorbing company,
Electrica Productie Energie SA, Electrica Energie
Geopolitical tensions
Verde 1 SRL and Green Energy Consultancy &
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%
8.06%
2023.
The Company’s main activities
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
Investments SRL as absorbed companies, with the
In February 2022 global geopolitical tensions
effective date of the merger being 31 December
significantly escalated following military
Changes in Company structure during 2023
the project was acquired 60%. Sunwind Energy
develops the photovoltaic project “Satu Mare 2”,
Acquisition of shares in subsidiaries
with an installed capacity of 27 MW. The project
is in the “ready-to-build” phase and is located in
On 6 February 2023, Electrica completed the
the vicinity of Botiz commune, Satu Mare county.
acquisition of Green Energy Consultancy &
Also, the Financing Contract was signed between
Investments S.R.L., having as main object of activity
Sunwind Energy SRL as the Beneficiary and the
the production of energy from photovoltaic sources.
Ministry of Energy as the coordinator of reforms
Until 31 December 2022 the company was acquired
and/or investments for the National Recovery and
75%. Green Energy Consultancy & Investments
Resilience Plan (NRRP).
S.R.L. develops the photovoltaic project “Vulturu”,
with a designed installed capacity of 12 MWp DC
On 31 July 2023, Electrica acquired an additional 30%
(peak power at the panels level) and 9.75 MW AC
of the shares and voting interests in Foton Power
(authorised power for delivery into the grid), located
Energy S.R.L.,having as main object of activity the
near Vulturu locality, Vrancea county. The project is
production of energy from photovoltaic sources. As
in the “ready-to-build” phase.
a result, the Group’s equity interest increased from
30% to 60%, thus, Foton Power Energy S.R.L. becoming
On 24 March 2023, Electrica completed the
a subsidiary of Electrica Group. Foton Power Energy
acquisition of Sunwind Energy S.R.L, which has
S.R.L. develops the photovoltaic project “Bihor 1”, with
as its main activity production of energy from
a projected installed capacity of 77.5 MW, located
photovoltaic sources. Until 31 December 2022
near Oradea.
Currently, the core business of the Company,
be highly volatile for the foreseeable future. As at
according to the Statute is “Activities of business
the date of these separate financial statements,
and management consulting”, also performing
management is unable to reliably estimate the
corporate activities at parent company level for its
effects on the Groups* financial outlook and cannot
subsidiaries.
exclude adverse consequence on the business,
operations, and financial position. Management
Electrica SA is the parent company of one electricity
believes it is taking all the necessary measures to
distribution company (set up from merger of three
support the sustainability and growth of the Group’s
electricity distribution companies), one electricity
business in the current circumstances and that
and natural gas supplier, five companies providing
judgements used in these financial statements
services in the energy sector (out of which four are
remain appropriate.
currently in bankruptcy) and five energy production
companies (Electrica Energie Verde 1 SRL in which
*The Group represents Societatea Energetica
Electrica SA has an indirect shareholding of 100%
Electrica S.A. together with its subsidiaries.
being acquired by Electrica Productie Energie SA),
to which two energy production project companies
3. Basis of accounting
are being added where the Company doesn’t have
control (the shareholding is 40%). Currently, three
These separate financial statements have been
of the project companies have been merged into
prepared in accordance with the Ministry of Public
Electrica SA.
Finance Order no. 2844/2016 for the approval
of the Accounting Regulations in accordance
Through the merger that took place on 31 December
with International Financial Reporting Standards
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A388
389
(“OMFP no. 2844/2016”). In acceptance of OMFP
Judgements, assumptions and estimation
If the inputs used to measure the fair value of an
in “Note 7 Accounting Policies” (31 December 2022:
no. 2844/2016, International Financial Reporting
uncertainties
Standards are standards adopted under the
asset or a liability are categorised into different
“Note 6 Significant Accounting Policies”) in certain
levels of the fair value hierarchy, then the fair value
cases, in accordance with the changes.
procedure provided by the European Commission
Information about judgements made in applying
measurement is entirely categorised on the level of
Regulation no. 1606/2002 of the European Parliament
accounting policies and assumptions and
the lowest level input that is significant to the entire
Except the above, the new amendments to existing
and of the Council of 19 July 2002 regarding
estimation uncertainties that have the most
measurement.
the application of the international accounting
significant effects on the amounts recognised in the
standards that are effective starting with 1 January
2023 do not have a significant impact over the
standards. The consolidated financial statements
separate financial statements is included below:
The Company recognises transfers between levels
Group’s consolidated financial statements.
of Electrica Group prepared in accordance with
of the fair value hierarchy at the end of the reporting
the Ministry of Public Finance Order no. 2844/2016
• Note 6 h) – estimates regarding the useful lives
period during which the change has occurred.
8. Significant accounting policies
will be published at least 30 days before the GSM
of property, plant and equipment;
scheduled on 25 April 2024.
Further information about the assumptions used in
The Company has consistently applied the following
• Note 19 – assumptions regarding the revalued
measuring fair values is included in:
accounting policies to all periods presented in these
These separate financial statements were
amount of property, plant and equipment;
authorized for issue by the Board of Directors on 05
• Note 19: Property, plant and equipment.
March 2023 and will be submitted for shareholders’
• Note 21 –assumptions and estimates
separate financial statements.
(a) Going Concern
approval in the general meeting scheduled on 25
regarding the valuation of shareholdings in the
• Note 28: Financial instruments - fair values and
April 2023.
subsidiaries;
risk management.
Details of the Company’s accounting policies are
• Note 15 – assumptions regarding the recognition
6. Basis of measurement
The standalone financial statements have been
prepared on the going concern basis. In making this
judgement management considers current trading
performance and access to finance resources.
included in Note 6. The Company has consistently
of deferred tax asset;
applied the accounting policies to all periods
The separate financial statements have been
The Company depends upon the trading and
presented in these separate financial statements.
Measurement of fair values
prepared on the historical cost basis, except for the
cash generation of its subsidiaries, that have been
4. Functional and presentation currency
These separate financial statements are presented
in Romanian Lei (RON), which is the functional
currency of the Company. All amounts are in RON, if
not otherwise stated.
5. Use of judgements and estimates
In preparing these separate financial statements,
the management has made judgements, estimates
and assumptions that affect the application
of the Company’s accounting policies and the
reported amounts of assets, liabilities, revenues
and expenses. Actual results may differ from these
estimates.
Estimates and underlying assumptions are reviewed
on an ongoing basis. Revisions to estimates are
prospectively recognised.
A number of the Company’s accounting policies
revaluation model.
includes the following assumptions:
land and buildings, which are measured based on
included in the Groups consolidated forecast which
and disclosures require the measurement of fair
values for both financial and non-financial assets
7. Changes in significant accounting policies
• A continuation of the support scheme until
and liabilities.
When measuring the fair value of an asset or a
Adopting new standards
31 March 2025 according to the applicable
legislation but with a more stable flow of
repayments of the reimbursement requests for
liability, the Company uses observable market data
The Group has not adopted new standards issued
subsidies as compared with last year, as the
as far as possible. Fair values are categorised into
by the International Accounting Standards Board
mechanism has been operationally improved;
different levels in the fair value hierarchy based
(IASB) and adopted
on the inputs used in the valuation techniques as
follows:
by the EU applicable on 1 January 2023, so there
a limit of RON 4,961,482 thousand, including RON
is no significant change in the consolidated
thousand 2.736,419 thousand overdraft limits and
• The utilization of confirmed debt facilities up to
• Level 1: quoted prices (unadjusted) in active
statements of the Group.
RON 2,225,063 thousand long term loans limit;
markets for identical assets or liabilities;
• Level 2: inputs other than quoted prices included
overdrafts amounting to RON 574,111 thousand
in Level 1 that are observable for the asset or
The group adopted the Presentation of information
which will be drawn during the forecast period
liability, either directly (i.e. as prices) or indirectly
regarding accounting policy (Amendments to IAS 1
and of which RON 250,000 thousand will be
(i.e. derived from prices);
and Statement 2 regarding IFRS practice). Although
reimbursed during the forecast period.
Adoption of new changes to existing standards
• The utilization of not yet confirmed facilities,
• Level 3: inputs for the asset or liability that
are not based on observable market data
(unobservable inputs).
the amendments did not lead to any change in the
accounting policies themselves, they had an impact
At the date of issuance of these separate financial
on the information presented in the consolidated
statements the regulatory position may be further
financial statements regarding the accounting
amended and there may be further laws enacted
policies. The management reviewed the accounting
which could adversely impact the Groups operating
policies and updated the information presented
cash flows during the forecast period. Given the
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A390
391
current market uncertainties, the Group is closely
recognized when the electricity is injected into the
• the foreign currency gain or loss on financial
The calculation of defined benefit obligations is
monitoring the market context and is continuously
network and is being sold on the market.
assets and financial liabilities;
performed annually by a qualified actuary using the
analysing the opportunities for optimisation of
projected unit credit method.
debt and increase of bank overdrafts and long-
Sale of green certificates
• impairment losses recognised on financial
term loans. In light of the importance of the Group
assets (other than trade receivables).
Re-measurements of the net defined benefit liability,
as the supplier and distributed of electricity on the
Electricity suppliers have a legal obligation to
which comprise actuarial gains and losses, are
Romanian market, having 39.7 % (according to the
purchase green certificates from producers of
Interest income or expense is recognised using the
recognised immediately in other comprehensive
latest ANRE report 2022 for the distribution segment)
electricity from renewable sources, based on annual
effective interest method.
as market share on the electricity distribution and
targets or quotas set by law, which are applied to
income. The Company determines the net interest
expense/(income) on the net defined benefit
17.72 % (according to the latest ANRE report October
the quantity of electricity purchased and supplied
(e) Foreign currency transactions
liability for the period by applying the discount rate
2022 for the supply segment) as market share on
to final customers. Cost of green certificates is
used to measure the defined benefit obligation at
the electricity supply market and having as main
invoiced to final customers separately from the
Transactions in foreign currencies are translated to
the beginning of the annual period to the then-net
shareholder of Electrica SA the Romanian State, the
tariffs for electricity.
the functional currency at the exchange rates at the
defined benefit liability, considering any changes
management believes sufficient financing will be
date of the transactions.
made available to cover any financing requirements
Electricity producers are entitled by the law in force
in the net defined benefit liability during the period
as a result of contributions and benefit payments.
arising from market uncertainty and Group will be
to receive a certain number of green certificates for
Monetary assets and liabilities denominated in
Net interest expense and other expenses related to
able to meet its obligations as they fall due.
each MWH of electricity produced from renewable
foreign currencies are translated to the functional
defined benefit plans are recognised in profit or loss.
sources and injected into the network. The green
currency at the exchange rate at the reporting
Based upon the above projections and other
certificates can be sold on the spot market, term
date, as communicated by the National Bank of
When the benefits of a plan are changed or when
information, given the measures already
market or a combination of both. The selling price
Romania. Non-monetary assets and liabilities that
a plan is curtailed, the resulting change in benefit
implemented and the strategies to reduce the
must fall between the minimum and maximum
are measured at fair value in a foreign currency
that relates to past service or the gain or loss on
risks which may occur due to the instability of the
values set by Law no. 220/2008 for establishing the
are translated to the functional currency at the
curtailment is recognised immediately in profit or
economic environment, the Board of Directors
system for promoting the production of electricity
exchange rate when the fair value was determined.
loss. The Company recognises gains and losses on
has, at the time of approving the consolidated
from renewable energy sources, republished, with
Foreign currency differences are recognised in profit
the settlement of a defined benefit plan when the
financial statements, a reasonable expectation that
subsequent amendments. Revenue from green
or loss. Non-monetary items that are measured
settlement occurs.
the Group has adequate resources to continue in
certificates is recognized in the profit or loss
based on historical cost in a foreign currency are
operational existence for the foreseeable future.
statement when the green certificates are sold on
not translated to the functional currency.
(iii) Other long-term employee benefits
Thus they continue to adopt the going concern
the trading market.
basis of accounting in preparing the consolidated
financial statements.
(c) Commissions
(f) Employee benefits
The Company’s net obligation in respect of long-
term employee benefits is the amount of future
(i) Short-term employee benefits
benefit that employees have earned in return for
(b) Revenue
The Company assesses its revenue arrangements
their service in the current and prior periods. That
The Company recognizes the revenue from
as principal or agent. If the Company acts in the
undiscounted basis and are expensed as the related
Re-measurements are recognised in profit or loss in
contracts with customers in accordance with IFRS 15.
capacity of an agent rather than as the principal in
service is provided. A liability is recognised for the
the period in which they arise.
based on specific criteria to determine if it is acting
Short-term employee benefits are measured on an
benefit is discounted to determine its present value.
a transaction, then the recognised revenue is the
amount expected to be paid if the Company has
Under the standard, revenue is recognized when or
net amount of commission earned by the Company.
a present, legal or constructive obligation to pay
(iv) Termination benefits
as the customer acquires control over the goods
this amount as a result of past services provided
or services rendered, at the amount which reflects
(d) Finance income and finance costs
by the employee and the obligation can be reliably
Termination benefits are expensed at the earlier
the price at which the Company is expected to be
entitled to receive in exchange of those goods or
The Company’s finance income and finance costs
services. Revenue is recognized at the fair value of
include:
the services rendered or goods delivered, net of VAT,
estimated.
(ii) Defined benefit plans
of when the Company can no longer withdraw the
offer of those benefits and when the Company
recognises costs for a restructuring. If benefits are
not expected to be settled wholly within 12 months
excises or other taxes related to the sale.
• interest income;
The Company’s net obligation in respect of defined
of the end of the reporting period, then they are
Generation and sale of electricity
• interest expense;
The electricity produced by the Group is mainly
• dividend income;
sold on the Day Ahead Market and the revenue is
benefit plans is calculated separately for each plan
discounted.
by estimating the amount of future benefits that
employees have earned in the current and prior
periods, by discounting that amount.
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A392
393
(g) Income tax
Deferred tax is measured based on the tax rates
If significant parts of an item of property, plant
(i) Intangible assets
that are expected to be applicable to temporary
and equipment have different useful lives, then
Income tax expense comprises current and
differences when they are reversed, using tax rates
they are accounted for as separate items (major
(i) Recognition and measurement
deferred tax. It is recognised in profit or loss except
enacted or substantively enacted at the reporting
components) of property, plant and equipment.
for the items recognised directly in equity or in
date.
other comprehensive income, in which case it
Spare parts, stand-by and servicing equipment
and have finite useful lives are measured at
Intangible assets that are acquired by the Company
will be recognized directly in equity or in other
The measurement of the deferred tax reflects the tax
are classified as property, plant and equipment if
cost less accumulated amortisation and any
comprehensive income.
consequences that would follow from the manner in
they are expected to be used during more than one
accumulated impairment losses.
(i) Current tax
carrying amount of its assets and liabilities at the
item of property, plant and equipment.
(ii) Subsequent expenditure
which the Company expects to recover or settle the
period or can be used only in connection with an
reporting date.
Current tax comprises the expected tax payable or
Any gain or loss on disposal of an item of property,
Subsequent expenditure is capitalised only when it
receivable on the taxable income or loss for the year
Deferred tax assets and liabilities are offset only if
plant and equipment is recognised in profit or loss.
increases the future economic benefits embodied
and any adjustment to tax payable or receivable
certain criteria are met.
in respect of previous years. It is measured using
tax rates enacted or substantively enacted at the
Unrecognized deferred tax assets are reassessed at
(ii) Subsequent expenditure
in the specific asset to which it relates. All other
expenditure, including expenditure on internally
generated goodwill and brands, is recognised in
reporting date. Current tax also includes any tax
each reporting date and recognized to the extent
Subsequent expenditure is capitalised only if it
profit or loss as incurred.
arising from dividends.
that it is probable that the future taxable profits will
is probable that the future economic benefits
be available against which they can be used.
associated with the expenditure will flow to the
(iii) Amortization
(ii) Deferred tax
Deferred tax is recognised in respect of temporary
differences between the carrying amounts of assets
(i) Recognition and measurement
(h) Property, plant and equipment
Company.
(iii) Depreciation
Amortization is calculated to write off the cost of
intangible assets less their estimated residual
values using the straight-line method over their
and liabilities for financial reporting purposes and
Depreciation is calculated to write off the cost of
estimated useful lives, and is recognised in profit or
the amounts used for taxation purposes. Deferred
Property, plant and equipment are initially
items of property, plant and equipment less their
loss.
tax is not recognised for:
recognised at cost, which includes purchase price
estimated residual values using the straight-line
and other costs directly attributable to acquisition
method over their estimated useful lives and is
The estimated useful lives of software and licenses
• temporary differences arising from the initial
and bringing the asset to the location and condition
recognised in profit or loss. Leased assets are
are 3-5 years.
recognition of assets and liabilities resulting
necessary for their intended use.
depreciated over the shorter of the lease term and
from transactions that are not business
their useful lives unless it is reasonably certain that
Amortisation method, useful lives and residual
combinations and that affect neither accounting
After initial recognition, land and buildings
the Company will obtain ownership right by the
values are reviewed at each reporting date and
nor taxable profit or loss;
are measured at revalued amounts less any
end of the lease term. Land and other non-current
adjusted if appropriate.
• temporary differences resulting from
impairment losses since the most recent valuation.
(j) Financial instruments
accumulated depreciation and any accumulated
assets in progress are not depreciated.
investments in subsidiaries, associates and
The estimated useful lives of property, plant and
jointly controlled entities, to the extent that the
The Company used the fair value as deemed
equipment are as follows:
Company can exercise control over the reversal
cost for the tangible assets for the opening of the
period of the temporary differences and it is
financial position.
probable that they will not be reversed in the
foreseeable future.
Revaluations are performed with sufficient regularity
to ensure that the carrying amount does not
Deferred tax assets are recognised for unused tax
materially differ from the one which would be
losses, unused tax credits and deductible temporary
determined using the fair value at the end of the
differences only to the extent that it is probable that
reporting period.
future taxable profits will be available to be used for
covering them. Deferred tax assets are reviewed at
When a building is revalued, the accumulated
each reporting date and are reduced to the extent
depreciation is eliminated against the gross
that it is no longer probable that the related tax
carrying amount of that item, and the net amount is
benefit will be realised.
restated to the revalued amount of the asset.
Category
Buildings
Equipment
Vehicles, furniture and office
equipment
Useful lives (years)
40-60
4-12
The depreciation methods, useful lives and residual
values are reviewed at each reporting date and
adjusted if appropriate.
Financial assets and financial liabilities are
recognised in the Company’s statement of financial
position when the Company becomes a party to the
contractual provisions of the instrument.
Financial assets and financial liabilities are initially
measured at fair value. Transaction costs that are
3-10
directly attributable to the acquisition or issue of
financial assets and financial liabilities (other than
financial assets and financial liabilities at fair value
through profit or loss) are added to or deducted
from the fair value of the financial assets or financial
liabilities, as appropriate, on initial recognition.
Transaction costs directly attributable to the
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A394
395
acquisition of financial assets or financial liabilities
Loans and receivables comprise trade receivables,
shares, net of any tax effects, are recognized as a
Irrespective of the above analysis, the Company
at fair value through profit or loss are recognised
cash and cash equivalents and bank deposits.
deduction from equity.
considers that default has occurred when a
immediately in profit or loss.
(i) Financial assets
Trade receivables
Repurchase and reissue of ordinary shares
the Company has reasonable and supportable
(treasury shares)
information to demonstrate that a more lagging
Trade receivables include mainly invoices issued
default criterion is more appropriate.
financial asset is more than 90 days past due unless
All regular way purchases or sales of financial
or to be issued to the subsidiaries for the rendered
When shares recognized as equity are repurchased,
assets are recognised and derecognised on a trade
services.
date basis. Regular way purchases or sales are
the amount of the consideration paid, which
(ii) Write-off policy
includes directly attributable costs, net of any tax
purchases or sales of financial assets that require
Cash and cash equivalents
effects, is recognized as a deduction from equity.
The Company writes off a financial asset when
delivery of assets within the time frame established
Repurchased shares are classified and presented
after the finalization of the bankruptcy proceedings.
by regulation or convention in the marketplace.
Cash and cash equivalents comprise cash balances
in the treasury share reserve. When treasury shares
Financial assets written off may still be subject
All recognised financial assets are measured
and call deposits and deposits with maturities of
are sold or reissued subsequently, the amount
to enforcement activities under the Company’s
subsequently in their entirety at either amortised
three months or less from the transaction date that
received is recognised as an increase in equity and
recovery procedures, taking into account legal
cost or fair value, depending on the classification of
are subject to an insignificant risk of changes in
the resulting surplus or deficit on the transaction is
advice where appropriate. Any recoveries made are
the financial assets.
their fair value, that are used by the Company in the
presented within share premium.
recognised in profit or loss.
Financial assets are initially measured at fair value
and subsequently at amortized cost in accordance
(ii) Financial liabilities
with IFRS 9, as they are held in a business model to
management of its short-term commitments.
(k) Impairment
(iii) Measurement and recognition of expected
Impairment of financial assets
credit losses
collect contractual cash flows and these cash flows
All financial liabilities are measured subsequently at
The measurement of expected credit losses is a
consist solely of payments of principal and interest
amortised cost using the effective interest method
The Company recognises a loss allowance for
function of the probability of default, loss given
on the principal amount outstanding.
or at fair value through profit or loss.
expected credit losses on investments in debt
default (i.e. the magnitude of the loss if there
instruments that are measured at amortised cost or
is a default) and the exposure at default. The
The amortized cost of a financial asset is the
Financial liabilities that are not (i) contingent
at fair value through other comprehensive income.
assessment of the probability of default and loss
amount at which the financial asset is measured at
consideration of an acquirer in a business
The amount of expected credit losses is updated at
given default is based on historical data adjusted by
initial recognition less the principal reimbursements,
combination, (ii) held-for-trading, or (iii) designated
each reporting date to reflect changes in credit risk
forward-looking information as described above. As
plus the cumulative amortization using the effective
as at fair value, are measured subsequently at
since initial recognition of the respective financial
for the exposure at default, for financial assets, this
interest method, adjusted for any loss allowance.
amortised cost using the effective interest method.
instrument.
is represented by the assets’ gross carrying amount
The gross carrying amount of a financial asset is the
The effective interest method is a method of
at the reporting date.
amortized cost of a financial asset before adjusting
calculating the amortised cost of a financial liability
The Company always recognises lifetime expected
for any loss allowance.
and of allocating interest expense over the relevant
credit losses for trade receivables. The expected
For financial assets, the expected credit loss is
period. The effective interest rate is the rate that
credit losses on these financial assets are estimated
estimated as the difference between all contractual
Foreign exchange gains and losses
exactly discounts estimated future cash payments
using a provision matrix based on the Company’s
cash flows that are due to the Company in
The carrying amount of financial assets that are
form an integral part of the effective interest rate,
that are specific to the debtors, general economic
that the Company expects to receive, discounted at
denominated in a foreign currency is determined in
transaction costs and other premiums or discounts)
conditions and an assessment of both the current
the original effective interest rate.
that foreign currency and translated at the spot rate
through the expected life of the financial liability,
as well as the forecast direction of conditions at the
at the end of each reporting period.
or (where appropriate) a shorter period, to the
reporting date, including time value of money where
Derecognition of financial assets
(including all fees and points paid or received that
historical credit loss experience, adjusted for factors
accordance with the contract and all the cash flows
Loans and receivables
The Company derecognizes a financial asset only
Other financial liabilities include trade payables.
(i) Significant increase in credit risk
when the contractual rights to the cash flows from
amortised cost of a financial liability.
appropriate.
These assets are initially recognized at fair
value plus any directly attributable transaction
(iii) Share capital
costs. Subsequent to initial recognition, they are
measured at amortized cost using the effective
Ordinary shares
interest method. The amortised cost is reduced by
In assessing whether the credit risk on a financial
asset and substantially all the risks and rewards
instrument has increased significantly since initial
of ownership of the asset to another entity. If the
recognition, the Company compares the risk of a
Company neither transfers nor retains substantially
default occurring on the financial instrument at the
all the risks and rewards of ownership and continues
the asset expire, or when it transfers the financial
impairment losses.
Ordinary shares are classified as equity. Incremental
reporting date with the risk of a default occurring
to control the transferred asset, the Company
costs directly attributable to the issue of ordinary
on the financial instrument at the date of initial
recognizes its retained interest in the asset and an
recognition.
associated liability for amounts it may have to pay.
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A396
397
If the Company retains substantially all the risks
Company obtained title deeds in respect of future
A contingent asset is a potential asset that appears
• the lease term has changed or there is a
and rewards of ownership of a transferred financial
issuance of shares. The amounts recorded are
as a result of previous events and whose existence
significant event or change in circumstances
asset, the Company continues to recognize the
based on the fair value of the land.
will be confirmed only by the occurrence or the non-
resulting in a change in the assessment of
financial asset and also recognizes a collateralized
borrowing for the proceeds received.
(o) Provisions
occurrence of one or more uncertain future events,
exercise of a purchase option, in which case the
which are not fully controlled by the Company.
lease liability is remeasured by discounting the
revised lease payments using a revised discount
(l) Revaluation reserves
A provision is recognised if, as a result of a past
A contingent asset is not recognized in the financial
rate;
event, the Company has a present legal or
statements of the Company, but it is shown when an
The difference between the revalued amount and
constructive obligation that can be estimated
input of economic benefits is likely to arise.
• the lease payments change due to changes
the net carrying amount of property, plant and
reliably, and it is probable that an outflow of
equipment is recognized as revaluation reserve
economic benefits will be required to settle the
(q) Leases
included in equity.
obligation. Provisions are determined by discounting
If an asset’s carrying amount is increased as a
that reflects current market assessments of the time
the expected future cash flows at a pre-tax rate
(i) The Company as lessee
in an index or rate or a change in expected
payment under a guaranteed residual value,
in which cases the lease liability is remeasured
by discounting the revised lease payments
using an unchanged discount rate (unless the
result of a revaluation, the increase is recognized
value of money and the risks specific to the liability.
The Company assesses whether a contract is or
lease payments change is due to a change in
and accumulated in equity under the heading
The unwinding of the discount is recognised as
contains a lease, at inception of the contract. The
a floating interest rate, in which case a revised
of revaluation reserve. However, the increase is
finance cost.
recognized in profit and loss to the extent that
Company recognises a right-of-use asset and a
discount rate is used);
corresponding lease liability with respect to all lease
it reverses a revaluation decrease of the same
A provision for restructuring is recognised when
arrangements in which it is the lessee, except for
• a lease contract is modified and the lease
amount of the asset previously recognised in profit
the Company has approved a detailed and formal
short-term leases (with a lease term of 12 months
modification is not accounted for as a separate
and loss.
restructuring plan, and the restructuring either has
or less) and leases of low value assets (of less
lease, in which case the lease liability is
commenced or has been announced publicly. No
than USD 5,000). For these leases, the Company
remeasured based on the lease term of the
If an asset’s carrying amount is decreased as a
provisions are provided for future operating losses.
recognises the lease payments as an operating
modified lease by discounting the revised lease
result of a revaluation, the decrease is recognised
expense on a straight-line basis over the term
payments using a revised discount rate at the
in profit or loss, However, the decrease is recognized
(p) Contingent assets and liabilities
of the lease unless another systematic basis is
effective date of the modification.
in equity in revaluation reserves if there is any
more representative of the time pattern in which
credit balance existing in the revaluation reserve in
A contingent liability is:
economic benefits from the leased assets are
Right-of-use assets are depreciated over the
respect of that asset.
consumed.
(a) a possible obligation that arises from past
shorter period of lease term and useful life of the
underlying asset. If a lease transfers ownership of
The revaluation reserve is transferred to retained
events and whose existence will be confirmed
The lease liability is initially measured at the present
the underlying asset or the cost of the right-of-
earnings in an amount corresponding to the use of
only by the occurrence or non-occurrence of
value of the lease payments that are not paid at
use asset reflects that the Company expects to
the asset (as the asset is depreciated) and upon
one or more uncertain future events not wholly
the commencement date, discounted by using
exercise a purchase option, the related right-of-
disposal of the asset.
within the control of the Company; or
the default rate in the lease. If this rate cannot
use asset is depreciated over the useful life of the
be readily determined, the Company uses its
underlying asset. The depreciation starts at the
(m)
Dividends
(b) a present obligation that arises from past
incremental borrowing rate.
commencement date of the lease.
events that is not recognised because:
Dividends are recognized as a deduction from
The lease liability is presented as a separate line
The right-of-use assets are presented as a separate
equity in the period in which their distribution is
i. it is not probable that an outflow of
in the statement of financial position. The lease
line in the statement of financial position.
approved and recognized as a liability to the extent
resources embodying economic benefits will
liability is subsequently measured by increasing
it is unpaid at the reporting date. Dividends are
be required to settle the obligation; or
the carrying amount to reflect interest on the lease
(ii) Rental income
disclosed in the notes to financial statements when
liability (using the effective interest method) and by
their distribution is proposed after the reporting
ii. the amount of the obligation cannot be
reducing the carrying amount to reflect the lease
Rental income from property, plant and equipment
date and before the date of the issuance of the
measured with sufficient reliability.
payments made.
financial statement.
other than property investment is recognised as
Other income. Rental income is recognised on a
Contingent liabilities are not recognized in the
The Company remeasures the lease liability (and
straight-line basis over the term of the lease.
(n) Capital contributions in kind from shareholders
financial statements of the Company. They
makes a corresponding adjustment to the related
are presented in case the output of resources
right-of-use asset) whenever:
These contributions from a shareholder represent
incorporating economic benefits is possible and not
pre-paid contributions of land for which the
probable.
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A398
399
(r) Investment in associates
The requirements of IAS 36 are applied to determine
•
IFRS 17 “Insurance Contracts” including
Standards and amendments to the existing
whether it is necessary to recognise any impairment
amendments to IFRS 17 issued by IASB on 25
standards issued by IASB and adopted by the EU
An associate is an entity over which the Company
loss with respect to the Company’s investment in
June 2020 - adopted by the EU on 19 November
but not yet effective
has significant influence and that is neither
an associate. When necessary, the entire carrying
2021 (effective for annual periods beginning on
a subsidiary nor an interest in a joint venture.
amount of the investment (including goodwill) is
or after 1 January 2023);
Significant influence is the power to participate in
tested for impairment in accordance with IAS 36 as
At the date of authorization of these individual
financial statements, the following amendments
the financial and operating policy decisions of the
a single asset by comparing its recoverable amount
• Amendments to IFRS 17 “Insurance contracts”
to the existing standards were issued by IASB and
investee but is not control or joint control over those
(higher of value in use and fair value less costs of
- Initial Application of IFRS 17 and IFRS 9 –
adopted by the EU and which are not yet effective:
policies.
disposal) with its carrying amount. Any impairment
Comparative Information, adopted by the EU on
The results and assets and liabilities of associates
including goodwill that forms part of the carrying
beginning on or after 1 January 2023);
Standards in June 2023: IFRS S1 General
are incorporated in these financial statements using
amount of the investment. Any reversal of that
Requirements for Disclosure of Sustainability-
the equity method of accounting, except when the
impairment loss is recognised in accordance with
• Amendments to IAS 1 “Presentation of Financial
related Financial Information and IFRS S2
investment is classified as held for sale, in which
IAS 36 to the extent that the recoverable amount of
Statements” and IFRS Practice Statement 2 -
Climate-related Disclosures, adopted by the EU
case it is accounted for in accordance with IFRS 5.
the investment subsequently increases.
Disclosure of Accounting Policies adopted by the
on 31 July 2023 (effective for annual reporting
loss recognised is not allocated to any asset,
9 September 2022 (effective for annual periods
• The first two IFRS Sustainability Disclosure
EU on 2 March 2022 (effective for annual periods
periods beginning on or after 1 January 2024).
Under the equity method, an investment in an
The Company discontinues the use of the equity
beginning on or after 1 January 2023);
associate is recognised initially in the separate
method from the date when the investment ceases
The Group has elected not to adopt the
statement of financial position at cost and adjusted
to be an associate.
• Amendments to IAS 8 “Accounting Policies,
amendments to existing standards in advance of
thereafter to recognise the Company’s share of the
profit or loss and other comprehensive income of
(s) Subsequent events
the associate.
Changes in Accounting Estimates and Errors”
their effective dates. The Group anticipates that
– Definition of Accounting Estimates adopted
the adoption of these amendments to existing
by the EU on 2 March 2022 (effective for annual
standards will have no material impact on the
When the Company’s share of losses of an
December 2023, which provide additional
of initial application.
associate exceeds the Company’s interest in that
information about conditions prevailing at the
• Amendments to IAS 12 “Income Taxes” - Deferred
associate (which includes any long-term interests
reporting date (adjusting events) are reflected in
Tax related to Assets and Liabilities arising
New standards and amendments to the existing
that, in substance, form part of the Company’s
the separate financial statements. Events occurring
from a Single Transaction adopted by the EU
standards issued by IASB but not yet adopted by
Events occurring after the reporting date 31
periods beginning on or after 1 January 2023);
financial statements of the Company in the period
net investment in the associate), the Company
after the reporting date that provide information on
on 11 August 2022 (effective for annual periods
the EU
discontinues recognising its share of further losses.
events that occurred after the reporting date (non-
beginning on or after 1 January 2023);
Additional losses are recognised only to the extent
adjusting events), when material, are disclosed
At present, IFRS as adopted by the EU do not
that the Company has incurred legal or constructive
in the notes to the separate financial statements.
•
International Tax Reform—Pillar Two Model Rules
significantly differ from regulations adopted by
obligations or made payments on behalf of the
When the going concern assumption is no longer
– Amendments to IAS 12 (the Amendments) to
the International Accounting Standards Board
associate.
appropriate at or after the reporting period, the
financial statements are not prepared on a going
clarify the application of IAS 12 “Income Taxes”
(IASB) except for the following new standards and
(effective for annual periods beginning on or
amendments to the existing standards, which
An investment in an associate is accounted for
concern basis.
using the equity method from the date on which the
after 1 January 2023).
were not endorsed for use in EU as at the date
of publication of these consolidated financial
investee becomes an associate. On acquisition of
9. Adoption of new and revised standards and
As of 31 December 2023, the Company adopted
statements (the effective dates stated below is for
the investment in an associate, any excess of the
interpretations
cost of the investment over the Company’s share
Disclosure of Accounting Policies (Amendments to
IFRS as issued by IASB):
IAS 1 and IFRS Practice Statement 2). Management
of the net fair value of the identifiable assets and
Initial application of new amendments to the
reviewed the accounting policies and made
•
IFRS 14 “Regulatory Deferral Accounts” (effective
liabilities of the investee is recognised as goodwill,
existing standards effective for the current
updates as per “Note 7 Changes in significant
for annual periods beginning on or after 1
which is included within the carrying amount of the
reporting period
accounting policies” in certain instances in line with
January 2016) – the European Commission has
investment.
the amendments.
The following amendments to the existing standards
decided not to launch the endorsement process
of this interim standard and to wait for the final
Any excess of the Company’s share of the net fair
issued by the International Accounting Standards
Except of the above, the adoption of amendments
standard;,
value of the identifiable assets and liabilities over
Board (IASB) and adopted by the EU are effective for
to the existing standards has not led to any
the cost of the investment, after reassessment,
the current reporting period:
material changes in the Group’s individual financial
• Amendments to IAS 1 “Presentation of Financial
is recognised immediately in profit or loss in the
period in which the investment is acquired.
statements.
Statements” - Classification of Liabilities as
Current or Non-Current (effective for annual
periods beginning on or after 1 January 2024);
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A400
401
• Amendments to IAS 1 “Presentation of Financial
statements for a period beginning on or after 1
10. Other income and operating expenses
Statements” - Non-current Liabilities with
January 2016) can be applied only when a reporting
Covenants (effective for annual periods
entity is a IFRS First Time Adopter. As the Group is
beginning on or after 1 January 2024);
not a IFRS First Time Adopter, the management of
the Company did not consider any impact coming
• Amendments to IFRS 16 “Leases” - Lease Liability
out from the application of IFRS 14, further guidance
in a Sale and Leaseback (effective for annual
being expected in the future.
periods beginning on or after 1 January 2024);
• Amendments to IFRS 10 “Consolidated Financial
new standards and amendments to the existing
Statements” and IAS 28 “Investments in
standards will have no material impact on the
Associates and Joint Ventures” - Sale or
individual financial statements of the Company in
Contribution of Assets between an Investor
the period of initial application.
The Company anticipates that the adoption of these
and its Associate or Joint Venture and
further amendments (effective date deferred
indefinitely until the research project on the
equity method has been concluded);
• Amendments to IAS 21 The Effects of Changes in
Foreign Exchange Rates: Lack of Exchangeability
(applicable for annual periods beginning on or
after 1 January 2025, but not yet endorsed in the
EU);
• Amendments to IAS 7 Statement of Cash Flows
and IFRS 7 Financial Instruments: Disclosures:
Supplier Finance Arrangements (applicable for
annual periods beginning on or after 1 January
2024, but not yet endorsed in the EU).
The International Accounting Standards Board has
been currently working on the development of a
new IFRS international financial reporting standard
that will align the current standard „IFRS 14 Deferral
Accounts Related to Regulated Activities” to the
new requirements of the energy market at EU and
global level, which is expected to take into account
all relevant related subjects, including the proper
treatment of own technological consumption
expenses. IASB has redeliberated proposals in the
Exposure Draft Regulatory Assets and Regulatory
Liabilities based on the feedback received on
previous variants on Exposure Drafts made available
for public comment (https://www.ifrs.org/projects/
work-plan/rate-regulated-activities/#current-
stage). As debated in exposure drafts, until now
there is no approved legislation at IASB level.
Currently IFRS 14 (originally issued in January 2014
and applied to an entity’s first annual IFRS financial
(a) Other income
Revenues from disposal of assets
Rental income
Revenues from penalties
Other
Total
(b) Other operating expenses
Repair and maintenance expenses
Legal assistance and consulting fees
Insurance premiums
Other taxes and duties
Consumables
Travel and transportation expenses
Rent
Postage and telecommunication
Donations and sponsorships
Other third party services
Other
Total
11. Net finance income
Interest income
Other finance income
Total finance income
Interest expense
Interest cost for employee benefits (Note 12)
Foreign exchange gain / losses, net
Total finance costs
Net finance income
2023
2,400
723,300
200,318
516,584
1,442,602
2023
1,233,117
1,346,203
790,163
825,175
396,574
321,061
226,979
40,615
-
2022
370,774
626,807
2,183,897
1,998,143
5,179,621
2022
1,363,711
1,279,169
713,938
707,159
449,849
155,015
31,007
61,355
12,357
13,378,867
12,967,398
2,688,691
797,654
21,247,445
18,538,612
2023
2022
96,254,222
78,074,759
1,380,429
224,127
97,634,651
78,298,886
(29,647,324)
(12,238,993)
(94,252)
4,058
(181,714)
(20,094)
(29,737,518)
(12,440,801)
67,897,133
65,858,085
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A402
403
12. Earnings per share
14. Post-employment and other long-term employee benefits
The calculation of basic and diluted earnings per share is based on the following profit attributable to
shareholders and weighted-average number of ordinary shares outstanding:
Profit attributable to shareholders
Profit for the year attributable to the shareholders of the Company
Profit attributable to the shareholders of the Company
Number of ordinary shares (in number of shares)
Number of ordinary shares at 31 December
339,553,004
339,553,004
For the calculation of basic and diluted earnings per share, the own shares repurchased by the Company
(6,890,593 shares) were not treated as outstanding shares and are deducted from the total number of
issued ordinary shares.
Basic and diluted earnings per share (RON)
13. Short-term employee benefits
Personnel payables
Current portion of defined benefit liability and other long-term employee
benefits
Social security charges
Tax on salaries
Total
2023
0.07
2022
0.07
31 December
31 December
2023
6,327,991
115,917
658,028
153,046
2022
4,974,791
127,203
607,823
130,314
7,254,982
5,840,131
Details related to employee benefit expenses are presented in Note 12.
In Romania, all employers and employees, as well as other persons, are contributors to the state social
security system. The social security system covers state pensions, child benefit, temporary incapacity for
work situations, risks of work accidents and professional diseases and other social assistance services,
redundancy payments and incentives granted to employers for creating new jobs.
The Company provides cash benefits to employees depending on seniority in the form of jubilee bonuses
and depending on the years of service at retirement in the form of retirement bonuses. The post-
employment and other long-term employee benefits are stipulated in the Collective Labour Contract.
In 2023 and 2022, employee benefit obligations were computed by an independent actuary using the
projected unit credit method with benefits calculated proportionally to the period of service.
2023
2022
23,940,836
24,304,885
23,940,836
24,304,885
2023
2022
Total
Defined benefit liability
Other long-term employee benefits
- Current portion*
- Non-current portion
*included in Personnel payables in Note 11
31 December
31 December
2023
673,354
768,705
2022
506,110
716,743
1,442,059
1,222,853
115,917
127,202
1,326,142
1,095,651
(i) Movement in the defined benefit liability and other long-term employee benefits
The following tables shows a reconciliation between the opening balances and the closing balances of the
defined benefit liability and other long-term employee benefits and their components. There are no plan
Defined benefit liability
assets.
Balance at 1 January
Included in profit or loss
Current service cost
Past service cost
Interest cost
Included in other comprehensive income
Re-measurements gain
- Actuarial gain
Other
Benefits paid
Balance at 31 December
2023
506,110
100,462
41,024
141,486
2022
5,599,583
73,919
-
153,412
227,331
209,530
(1,621,494)
(183,772)
(3,699,310)
673,354
506,110
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A404
405
Other long-term employee benefits
Balance at 1 January
Included in profit or loss
Current service cost
Actuarial gain
Interest cost
Other
Benefits paid
Balance at 31 December
2023
716,743
53,603
56,830
53,228
2022
601,214
45,335
161,519
28,302
(111,699)
768,705
(119,627)
716,743
Jubilee bonuses based on years of service in the Company
Seniority
20 years
30 years
35 years
40 years
45 years
No. of gross monthly base salaries
31 December 2023
31 December 2022
1
2
3
4
5
1
2
3
4
5
Retirement bonuses based on years of service in the Company
Defined benefits refer to the retirement bonuses granted according to the seniority within the Company and
other long-term benefits refer to the jubilee bonuses granted for seniority.
(ii) Actuarial assumptions
The following are the main actuarial assumptions at the respective reporting date:
(a) Macroeconomic assumptions:
Seniority
Between 8 and 10 years
Between 10 and 25 years
More than 25 years
Termination benefits
No. of gross monthly base salaries
31 December 2023
31 December 2022
2
3
4
2
3
4
• inflation. The actuary used information from the National Commission for Strategy and Prognosis:
a. Termination benefits for individual lay-offs at the Company’s initiative:
Year
2022
2023
2024
2025
2026
2027-2031
Valuation date
31 December 2023
Valuation date
31 December 2022
-
-
4.8%
3.5%
3.0%
2.5%
13.9%
7.5%
4.9%
3%
2.5%
2.5%
In accordance with the Collective Labour Contract concluded between the Company and the Union, when
individual labour contract is terminated at the Company’s initiative, the Company will pay termination
benefits to the employees depending on their period of service, as follows:
Seniority
1 - 2 years
2 - 5 years
5 - 10 years
10 - 20 years
More than 20 years
No. of gross monthly average base salary at Company level
2
3
4
5
8
• the discount rate used is based on the yield of the Romanian Government bonds at the reporting date,
therefore the weighted average discount rate is 6.00% for the year 2023 (2022: 8.1%);
b. Termination benefits for collective lay-offs at the Company’s initiative:
• taxes and social charges are those in force as at the reporting date.
(b) Company specific assumptions:
• Starting with 2023 the gross salaries’ growth was forecasted at the inflation level;
• employees’ turnover: based on historical data;
• jubilee and retirement bonuses granted based on seniority as per the collective labour contracts, as
follows:
For collective lay-offs, per the Collective labour contract, the Company will pay termination benefits to the
employees depending on their period of service, as follows:
Seniority
1 - 3 years
3 - 5 years
5 - 10 years
10 - 20 years
More than 20 years
No. of gross monthly average base salary at Company level
3
6
7
11
16
The above-mentioned stipulations do not apply to employees with individual labour contract concluded
for a determined period. The above provisions do not apply to employees that obtained other higher
cumulative salary compensation rights, provided by legal regulations regarding the Company’s
reorganization and restructuring. Employees who are re-employed within the Company after layoff are not
entitled to the above-mentioned benefits.
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A406
407
Sensitivity analysis
16. Bank borrowings and overdrafts
Significant actuarial assumptions for the determination of the benefit obligation are the discount rate,
expected salary increase and retirement age. The sensitivity analysis below has been determined based on
reasonably possible changes of the respective assumptions occurring at the end of the reporting period,
while holding all other assumptions constant.
Discount rate
Salary growth
Retirement age
Increase by 1%
Decrease by 1%
2023
(92,376)
2022
(73,009)
2023
92,376
2022
73,009
106,255
86,944
(106,255)
(86,944)
Increase by 1 year
Decrease by 1 year
2023
9,077
2022
6,828
2023
(9,077)
2022
(6,828)
As at 31 December 2023, respectively 31 December 2022, the long-term bank borrowings are presented as
follows:
Lender
Vista Bank
ERSTE Group Bank and Raiffeisen Bank
Total
Less: current portion of the long-term bank borrowings
Less: accumulated interest
Total long-term borrowings, net of current portion
Bank Borrowings description:
Balance at
Balance at
31 December 2023
31 December 2022
125,000,000
100,000,000
91,768,248
216,768,248
100,000,000
216,768,248
-
-
-
-
100,000,000
The sensitivity analysis presented above may not be representative of the actual change in the benefit
a) Line of Credit for working capital and for issuing Bank Guarantee Letters granted by Vista Bank
obligation as it is unlikely that the changes in assumptions would occur in isolation of one another as some
of the assumptions may be correlated. In presenting the above sensitivity analysis, the present value of the
benefit obligation has been calculated using the projected unit credit method at the end of the reporting
period, which is the same as that applied in calculating the benefit obligation liability recognized in the
statement of financial position.
15. Employee benefit expenses
Average number of employees
Number of employees at 31 December
Wages and salaries
Social security contributions
Meal tickets
Termination benefit for labour/mandate contracts
Total
2023
78
83
2023
2022
72
78
2022
28,631,755
25,026,080
660,494
481,200
521,754
749,695
357,755
4,023,428
30,295,203
30,156,958
The number or employees at 31 December 2023 includes also the 4 employees with mandate agreements
(2022: the 5 employees with mandate agreements). Termination benefits represent compensation
payments for management in case of mandate contracts termination. Management remuneration is
presented within Note 29 – Related parties.
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: 120,000,000 RON; Interest rate: ROBOR
3M +2.95 % p.a.; full refund at maturity. On 31 December 2023, the balance of the loan is 125,000,000 RON.
(Outstanding balance as at 31 December 2022: RON 100,000,000).
b) Syndicated credit facility granted by Erste Group Bank AG and Raiffeisen Bank SA
On 2 November 2021, Electrica S.A., as borrower, entered into a syndicated credit facility with Erste Group
Bank AG and Raiffeisen Bank SA. The main provisions are: Maximum loan amount RON 750,000,000; Interest
rate: ROBOR 3M+1.16%. On 3 November 2023 the loan was extended for a period of one year and the
maximum loan amount was reduced to RON 450,000,000. As at 31 December 2023 the balance of the loan is
RON 91,768,248 thousand (31 December 2022: RON 0.0 thousand).
Overdrafts
As of the date of approval of these individual financial statements by the Board of Directors, the Company
has overdraft facilities from ING Bank N.V. with a maximum overdraft limit of up to RON 210,000,000
(maximum overdraft limit of up to 210,000,000 on 31 December 2022).
The overdraft facilities are used for financing activities. The balance of overdraft facilities as at 31 December
2023 is RON 205,520,079 (31 December 2022: RON 207,830,772).
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A408
409
17. Income tax
(iv) Movement in deferred tax balances
In determining the amount of current and deferred tax, the Company takes into account the impact of
uncertain tax positions and whether additional taxes and interest may be due. This assessment relies on
estimates and assumptions and may involve a series of judgments about future events. The Company
considers that the accounting records for taxes due are adequate for all open fiscal years, based on
assessment made by management taking into account various factors, including the interpretation of tax
legislation and previous experience. New information may become available that causes the Company to
change its judgment regarding the adequacy of existing tax liabilities; such changes to tax liabilities will
impact the income tax expense in the period when such a determination is made.
(i) Amounts recognised in profit or loss
Deferred tax benefit
Total benefit related to income tax
2023
5,886,085
5,886,085
2022
259,439
259,439
Balance at 31 December 2023
2023
Net balance
at 1 January
2023
Recognised
in profit or
loss
Recognised
in other
comprehensive
income
The effect
of merger
Net
Deferred
tax assets
Deferred
tax
liabilities
Property, plant and
equipment
Employee benefits
Tax loss carried
forward
Tax (assets)/ liabilities
3,646,188
334,186
1,138,457
5,090,117
10,208,948
-
10,208,948
(1,086,870)
(186,543)
(4,121)
-
(1,277,534)
(1,277,534)
(2,559,318)
(6,033,728)
-
(338,368)
(8,931,414)
(8,931,414)
-
-
-
(5,886,085)
1,134,336
4,751,749
-
(10,208,984)
10,208,948
Balance at 31 December 2022
Recognised
in other
comprehensive
income
Net
Deferred
tax assets
Deferred
tax
liabilities
(ii) Amounts recognised in other comprehensive income
2022
Net balance at
1 January 2022
Recognised in
profit or loss
Revaluation of property, plant
and equipment
Revaluation of property, plant
and equipment - merger
Re-measurement of defined
benefit liability
Total
2023
2022
Before tax
Tax benefit
Net of tax
Before tax
Tax benefit
Net of tax
6,988,472
(1,138,457)
5,850,014
2,701,689
(62,344)
2,639,345
-
-
-
-
-
-
Property, plant and
equipment
Employee benefits
Tax loss carried forward
Tax (assets)/ liabilities
3,739,542
(93,354)
-
3,646,188
-
3,646,188
(2,275,574)
929,265
259,439
(1,086,870)
(1,086,870)
(1,463,968)
(1,095,350)
-
(2,559,318)
(2,559,318)
-
-
-
(259,439)
259,439
-
(3,646,188)
3,646,188
(25,755)
4,121
(21,634)
1,621,494
(259,439),
1,362,055
9,664,406
(1,196,680)
5,828,381
1,621,494
(259,439)
1,362,055
(v) Unrecognised deferred tax assets
The Company has not recognized deferred tax assets in respect of the entire cumulated tax losses as it is
not probable that future taxable profits will be available against which the Company can use the benefits
(iii) Reconciliation of effective tax rate
Profit before tax
Tax using Company’s domestic tax rate
Non-deductible expenses
Non-taxable income
Deductible legal reserve
2023
2022
18,054,751
24,045,446
2,888,760
16%
3,847,271
16%
20%
3,543,775
-12%
(2,202,055)
-1%
(144,566)
9%
-7%
-1%
2,079,113
(1,700,300)
(207,048)
Recognition of tax effect of previously unrecognised tax losses
Other tax effects
The effect of merger
Total benefit related to income tax
-18%
(3,310,837)
-18%
(3,867,999)
2%
26%
33%
359,259
4,751,749
0%
-
108,402
-
5,886,085
-1%
259,439
therefrom.
Tax losses
18. Trade receivables
Trade receivables, gross
Loss allowance
Total trade receivables, net
Receivables from related parties are presented in Note 29.
2023
2022
310,916,628
337,136,289
31 December 2023
31 December 2022
157,085,125
161,471,282
(155,337,719)
(160,675,756)
1,747,406
795,526
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A410
411
Trade receivables, gross, comprise:
Electricity receivables from clients in litigation, insolvency or
bankruptcy (mainly Oltchim, Transenergo)
Late payment penalties from clients in litigation, insolvency or
bankruptcy (Oltchim)
Other
Total trade receivables, gross
Considering the events above, as of 31 December 2022 a part of the receivable for Oltchim in amount of RON
420,212,304 was written off as it was not recognised in the final bankruptcy table. The bad debt allowance
31 December 2023
31 December 2022
was also adjusted with the same amount. As of 31 December 2023 and 31 December 2022, the balance of
129,532,963
134,521,414
receivables with Oltchim is RON 98,725,847 bad debt allowance being at the same amount.
26,506,303
26,506,303
PETPROD SRL in amount of RON 2, 591,163 were written off as a result of closing the insolvency procedure of
Also, in 2022, receivables for SC ROMENERGY INDUSTRY SRL in amount of RON 2,917,262 and , receivables for
the debtor and removing it from the Trade Register. The bad debt allowance was also adjusted with the
1,045,859
443,565
157,085,125
161,471,282
same amount.
The reconciliation between the opening balances and the closing balances of the impairment for trade
receivables is as follows:
Loss allowance
Balance as at 1 January
Loss allowance recognized
Loss allowance used
Decrease in loss allowance
Trade receivables adjustments - merger
Balance as at 31 December
The ageing of trade receivables is presented in Note 28.
Loss allowances are determined according to IFRS 9 “Financial instruments” based on “expected credit
loss” model. A significant part of the loss allowances refers to clients in litigation, insolvency or bankruptcy
procedures, many of them being older than five years. The Company will derecognize these receivables
together with the related allowances after the finalization of the bankruptcy process. These receivables
were treated separately in computing the allowance according to IFRS 9.
2023
2022
160,675,756
582,012,952
-
-
(5,006,909)
(421,235,816)
(568,609)
237,481
(101,380)
-
155,337,719
160,675,756
19. Other receivables
Cash-pooling receivables
Interest receivable
Other receivables
Bad debt allowance
Total other receivables, net
31 December 2023
31 December 2022
567,646,476
477,646,009
26,671,583
12,785,701
22,365,439
10,740,216
(9,258,597)
(9,258,597)
597,845,163
501,493,067
Oltchim (a state-controlled company) was an important customer of Electrica S.A. until January 2012,
when the Company transferred the contract to Electrica Furnizare S.A. In January 2013, Oltchim entered
into insolvency procedures and subsequently in May 2019 started the bankruptcy procedures. Due to the
uncertainties regarding the recoverability of the amounts owed by this customer, the Company recognized
Cash-pooling receivables comprises the receivable of Electrica SA as at 31 December 2023 as cash pool
leader in the two cash-pooling systems set up at Group level (Note 23 and Note 29).
Interest receivable represents mainly interest to be received from related parties for the loans granted
in prior years a bad debt allowance for the entire amount receivable. During 2020, the Company adjusted
(Note 29).
the uncollected VAT in amount of RON 95,186,215 related to the doubtful receivables from Oltchim, based on
the sentence of starting the bankruptcy procedures and the provisions of art. 287 of the Fiscal Code.
The reconciliation between the opening balances and the closing balances of the impairment for other
As of 2021, the balance of receivables with Oltchim was RON 518,938,151, bad debt allowance was also at the
same amount.
By decision of the European Court in Luxembourg pronounced on 15 December 2021 (final decision being
applicable as of 21 March 2022), in case T565/19, it was partially cancelled the European Commission
Decision no. C (2018) 8592 from 2018, which established a series of measures regarding the recovery by
Romania of the State aid granted to Oltchim S.A. By its decision, the European court cancelled a series of
the measures, including the amounts considered state aid with which Electrica was registered in the table
of receivables. Following the decision, the company remained registered in the table of receivables with the
amount of RON 116,058,538.
Following the evolution of the bankruptcy process, on 06 April 2022, the updated table of receivables was
published in BPI Tabel Oltchim, which still recognizes only the guaranteed receivables, which in the case of
the company the estimated amount that remains to be recovered from the sales of assets of Oltchim SA in
the completion of the bankruptcy process is RON 116,058,538 (including VAT), comprised of the base in the
amount of RON 98,725,847 and respectively the VAT in the amount of RON 17,332,691.
receivables is as follows:
Loss allowance
Balance as at 1 January
Loss allowance recognized
Loss allowance used
Decrease in loss allowance
Balance as at 31 December
2023
9,258,597
2022
11,046,264
-
-
-
9,258,597
-
-
(1,787,667)
9,258,597
In 2022, the allowance related to Electrica Serv S.A. in amount of RON 1,787,667, representing a legal interest,
was reversed as a result of favorable court decision. The related receivables, in amount of RON 2,183,897 was
cashed.
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A412
413
20. Cash and cash equivalents
Bank current accounts
Bank current accounts transferred on merger
Call deposits
Total cash and cash equivalents in the separate statement of financial
position
Overdrafts used for cash management purposes
31 December 2023
31 December 2022
3,179,760
3,614,591
15,379,476
-
595,005
102,017,348
19,154,241
105,631,939
-
-
Land and land
improvement
Buildings
Equipment
Vehicles,
furniture
and office
equipment
Construction
in progress
Total
-
-
-
-
(417,907)
(1,115,590)
-
-
-
-
-
(417,907)
(1,115,590)
1,900,668
22,122,136
1,015,452
2,134,443
27,172,699
Accumulated depreciation of
disposals
Gross book value netted off
against the accumulated
depreciation at revaluation
Balance at 31 December 2023
Total cash and cash equivalents in the separate statement of cash flow
19,154,241
105,631,939
Net carrying amounts
As at 31 December 2022, call deposits amount consists mainly of Vista Bank overnight deposit in amount of
RON 99,650,000, related to long term loan whithdrawn for the issuance of Bank Guarantee Letters (please
see note 14).
21. Property, plant and equipment
The reconciliation between the initial balance and the final balance of property, plant and equipment in
2023 and 2022: was as follows:
Land and land
improvement
Buildings
Equipment
Vehicles,
furniture
and office
equipment
Construction
in progress
Total
31 December 2022
31 December 2023
67,128,750
24,357,056
843,484
1,218,796
5,391,418
98,939,504
73,330,925
32,339,490
28,859,117
2,179,345
8,375,408
145,084,286
On 31 December 2023 Electrica SA as the absorbing company and Electrica Productie Energie SA, Electrica
Energie Verde 1 SRL and Green Energy Consultancy & Investments SRL as absorbed companies merged by
absorption. As a result of the merger, the tangible fixed assets of the Company increased by 44,217,291 RON,
following the acquisition of the assets of Electrica Energie Verde 1 SRL and Green Energy Consultancy &
Investments SRL.
As at 31 December 2023, the buildings and land include the administrative headquarter of the Company and
the corresponding land, the plots of land over which the Company has obtained title deeds and the land
and buildings acquired in 2020 from the subsidiary Servicii Energetice Muntenia S.A..
As at 31 December 2023, the Company performed the revaluation at fair value of tangible assets consisting
Revaluation recognized in other
comprehensive income, net
3,894,400
3,094,072
Revaluation recognized in profit or
loss, net
853,836
-
67,128,750
27,001,451
16,395,755
1,830,851
7,525,861
119,882,668
of land and buildings. The revaluation was performed by an independent authorized valuer Darian DRS S.A..
-
-
268,243
284,820
1,295,154
1,848,217
Following the revaluation performed, the gain from the increase in value on the land and buildings was
1,453,939
5,260,226
34,735,163
1,079,126
1,688,837
44,217,291
charged to Other Comprehensive Income in amount of RON 6,988,472 and in Profit or Loss in amount of RON
-
-
-
-
-
-
-
-
-
-
-
6,988,472
853,836
(1,115,590)
(417,907)
853,836.
Measurement of fair value
The Company’s land and buildings are stated at their revalued amounts, being the fair value at the date
of revaluation, less any subsequent accumulated depreciation and subsequent accumulated impairment
losses. The fair value measurements of the Company’s land and buildings as at 31 December 2023 were
performed by Darian DRS S.A. an independent valuer not related to the Company. Darian DRS S.A. is member
of the National Association of Authorised Romanian Valuers and has appropriate qualifications and recent
(1,115,590)
-
-
-
(417,907)
73,330,925
34,240,158
50,981,253
3,194,797
10,509,851
172,256,985
experience in the fair value measurement of properties in the relevant locations. The valuation conforms to
-
-
-
2.644.395
15.552.271
612.055
2.134.443
20.943.164
performed on 31 December 2023 and the previous one performed on 31 December 2020.
371,863
370,710
195,167
-
6,617,062
208,230
-
-
937,740
6,825,292
The following table shows the valuation techniques used in measuring fair values (Level 3), as well as the
significant unobservable inputs used.
International Valuation Standards and was based on recent market transactions on arm’s length terms for
similar properties, whenever possible and discounted cash-flows method.
There were no significant changes to the valuation technique in the period between the current revaluation
Gross carrying amount
Balance at 31 December 2022
Additions
Additions - merger
Gross book value netted off
against the accumulated
depreciation at revaluation
Disposals
Balance at 31 December 2023
Accumulated depreciation
and impairment losses
Balance at 31 December 2022
Depreciation
Depreciation - merger
(Continued on next page)
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A414
415
Category
Valuation technique
Significant
unobservable
inputs
Land
Market approach
The fair value is estimated based on selling price
per square meter of land of similar characteristics
(i.e. ownership, legal limitations, financing and
selling conditions, location, physical and economical
properties, and best use). The market price is mainly
based on recent transactions.
• Adjustment for
liquidity, location,
size.
Buildings
Market approach and discounted cash-flows (DCF)
method
Inter-relationship
between key
unobservable
inputs and fair value
measurement
The estimated fair
value would increase/
(decrease) if:
• Adjustment for
liquidity, location or
size would be lower/
(higher)
Buildings were evaluated using the following methods,
depending on the best use and the availability and
credibility of available market information:
Market approach
The market approach is based on the selling price per
square meter for buildings with similar characteristics
(i.e. ownership, legal limitations, financing and
selling conditions, location, physical and economical
properties, and best use)., adjusted liquidity, location,
size etc.
The DCF method
The valuation model based on the DCF method
estimates the present value of net cash flows to be
generated by a building taking into account occupancy
rate and annual rent. The discount rate estimation
considers, inter alia, the quality of a building and its
location.
• Adjustment for
• Adjustment for
liquidity, location,
size.
liquidity, location or
size would be lower/
(higher)
• Occupancy rates were
higher/(lower)
• Yield rates were lower/
(higher)
• Annual rent per sqm
was higher/(lower)
• Occupancy rates
(90%)
• Yield rates
(between 9% and
10%)
• Annual rent per
sqm (between 2
and 10 EUR/sqm),
depending on
location;
22. Intangible assets
Intangible assets include mainly licenses and costs of implementation of the accounting system SAP and
licenses for various software, as follows:
Gross carrying amount
Balance at 31 December 2022
Additions
Additions - merger
Goodwill
Disposals
Software and
licenses
Goodwill
Construction in
progress
Total
1,961,005
4,235
122,345
-
-
-
-
-
1,446,450
-
-
1,961,005
993,912
-
-
-
998,147
122,345
1,446,450
-
Balance at 31 December 2023
2,087,585
1,446,450
993,912
4,527,947
Accumulated depreciation and impairment
losses
Balance at 31 December 2022
Amortisation
Amortisation - merger
Accumulated amortization of disposals
Balance at 31 December 2023
Net carrying amounts
At 31 December 2022
At 31 December 2023
1,834,816
55,183
78,791
-
1,968,790
126,189
118,795
-
-
-
-
-
-
-
-
1,834,816
55,183
78,791
-
1,968,790
126,189
1,446,450
993,912
2,559,157
On 31 December 2023 Electrica SA as the absorbing company and Electrica Productie Energie SA, Electrica
Energie Verde 1 SRL and Green Energy Consultancy & Investments SRL as absorbed companies merged by
absorption. As a result of the merger, the intangible fixed assets of the Company increased by 122,345 RON,
following the acquisition of the assets of Electrica Energie Verde 1 SRL and Green Energy Consultancy &
Investments SRL.
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A416
417
23. Investments in subsidiaries
Merger by absorption within the Group
The investments in subsidiaries are presented as follows:
On 20 December 2023, the Extraordinary General Meeting of the Company’s Shareholders (EGMS) approved
the merger by absorption between Societatea Energetica Electrica SA (“ELSA”), Societatea Electrica
31 December 2023
31 December 2022
Productie Energie SA (“EPE”), Electrica Energie Verde 1 SRL (“EEV1”) and Green Energy Consultancy &
Distributie Energie Electrica
Romania S.A.
Electrica Furnizare S.A.
Electrica Serv S.A.
Electrica Energie Productie S.A.
Sunwind Energy S.R.L.
New Trend Energy S.R.L.
Green Energy Consultancy &
Investments S.R.L.
Foton Power Energy S.R.L.
Servicii Energetice Oltenia S.A.
(in bankruptcy)
Servicii Energetice Moldova S.A.
(in bankruptcy)
Servicii Energetice Banat S.A.
in bankruptcy)
Gross value
Impairment
Net
Gross value
Impairment
Net
1,741,959,406
227,181,073
-
-
1,741,959,406
1,741,959,406
227,181,073
227,181,073
-
-
1,741,959,406
227,181,073
481,803,770
(164,368,925)
317,434,846
481,803,770
(164,368,925)
317,434,846
-
5,128,655
5,588,029
-
12,636,221
-
-
-
-
-
-
124,990
5,128,655
4,393,567
5,588,029
5,588,029
-
1,446,450
12,636,221
-
-
-
-
-
-
82,033,220
(82,033,220)
106,162,492
(106,162,492)
43,761,094
(43,761,094)
-
-
-
-
82,033,220
(82,033,220)
106,162,492
(106,162,492)
43,761,094
(43,761,094)
23,822,124
(23,822,124)
124,990
4,393,567
5,588,029
1,446,450
-
-
-
-
-
Servicii Energetice Dobrogea S.A.
(in bankruptcy)
23,822,124
(23,822,124)
Investments SRL (“GECI”) (together the “Companies”) and the participation of the Companies in the merger,
with Societatea Energetica Electrica SA as absorbing company, Electrica Productie Energie SA, Electrica
Energie Verde 1 SRL and Green Energy Consultancy & Investments SRL as absorbed companies, with the
effective date of the merger being 31 December 2023.
24. Investments in associates
On 28 July 2021 and on 7 December 2021, Electrica SA concluded four agreements for the sale-purchase
of shares in four project companies having as main object of activity the production of electricity from
renewable sources. The sale-purchase agreements concluded, mention the fact that in the first stage
Electrica SA acquires 30% of the share capital of the four companies, remaining that in the following stages,
to acquire the remaining 70% of the share capital after the conditions provided in the sale-purchase
agreements will be fulfilled. By the end of 31 December 2022, two of the project companies were acquired by
60% (please see note 21), therefore they are accounted as subsidiaries, the other ones are as follows:
• Crucea Power Park S.R.L. develops the wind project “Crucea Est”, with a projected installed capacity of
121 MW and a projected electricity storage capacity of 60 MWh (15 MW x 4h), located outside the Crucea
area, Constanta County. The estimated purchase price for the “Crucea Est” wind project is 70 thousand
EUR/MW for the aforementioned capacity, totalling the amount of 8,470 thousand EUR. On 28 July 2021,
Electrica SA paid the amount of EUR 2,541 thousand representing 30% of the project value, respectively
30% of the shares of Crucea Power Park SRL. On 15 May 2023, Electrica acquired a further 10% of the
shares and voting interests in Crucea Power Park S.R.L. As a result, the Group’s shareholding increased
from 30% to 40%.
Total
2,730,076,085
(420,147,855)
2,309,928,230
2,718,276,215
(420,147,855)
2,298,128,361
Considering the holding percentage of 40%, as at 31 December 2023, the entity is accounted for using the
equity method in these separate financial statements as provided in the Company’s accounting policies in
* On 31.12.2023 the merger by absorption took place between Societatea Energetica Electrica SA (ELSA) as
note 6. The cost of the investments at acquisition date, totalling the amount of RON 12,500,195 is detailed as
absorbing company and Societatea Electrica Productie Energie SA (EPE), Electrica Energie Verde 1 SRL (EEV1)
follows:
and Green Energy Consultancy & Investments SRL (GECI) as absorbed companies.
** On 31 July 2023, Electrica acquired an additional 30% of the shares and voting interests in Foton Power
Energy S.R.L.,having as main object of activity the production of energy from photovoltaic sources. 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.
Changes in Company’s subsidiaries structure in 2023
On 6 February 2023, Electrica completed the acquisition of Green Energy Consultancy & Investments S.R.L.,
having as main object of activity the production of energy from photovoltaic sources. Until 31 December
2022 the company was acquired 75%.
On 24 March 2023, Electrica completed the acquisition of Sunwind Energy S.R.L, which has as its main activity
production of energy from photovoltaic sources. Until 31 December 2022 the project was acquired 60%.
On 31 July 2023, Electrica acquired an additional 30% of the shares and voting interests in Foton Power
Energy S.R.L.,having as main object of activity the production of energy from photovoltaic sources. As a
result, the Company’s equity interest increased from 30% to 60%, thus, Foton Power Energy S.R.L. becoming a
subsidiary of Electrica Group.
Acquisition date
Percentage ownership and voting rights at acquisition date
Net assets at acquisition date
Company’s share of net assets
Goodwill
Cost of investment at acquisition date
Crucea Power Park S.R.L.
31.07.2021
30%
(241,682)
(72,505)
12,572,700
12,500,195
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A418
419
Summarised financial information in respect of each of the Company’s associates is set out below:
25. Loans granted to subsidiaries
Crucea Power Park S.R.L.
Crucea Power Park S.R.L.
a) Loans granted to subsidiaries – long term
Non-current assets
Current assets
Non-current liabilities
Current liabilities
Net assets
Reconciliation to carrying amounts:
Opening net assets at acquisition date
Additions net assets/liabilities
Loss for the period
Closing net assets
31.12.2023
9,198,685
1,186,505
(10,375,714)
(45,159)
(35,683)
(245,780)
293,181
(83,084)
(35,683)
31.12.2022
8,519,924
1,141,674
(9,885,796)
(43,649)
(267,847)
(245,780)
-
(22,067)
(267,847)
Reconciliation of the financial information summarized above with the net value of the investments in the
associated entities from the separate financial statements:
Net assets
Share in associates %
Company’s share of net assets
Goodwill
Carrying amount of interest in associate
Crucea Power Park S.R.L.
Crucea Power Park S.R.L.
31.12.2023
31.12.2022
(35,683)
(267,847)
40%
(14,274)
16,651,984
16,637,710
30%
(80,354)
12,572,700
12,492,346
Distributie Energie Electrica Romania S.A.
Total loans granted to subsidiaries – long term
Loans granted to subsidiaries
31 December 2023
31 December 2022
1,276,325,000
1,276,325,000
1,276,325,000
1,276,325,000
The Company has entered into loan agreements as lender, as follows:
• Loans granted in 2017:
• Intragroup loan agreement with Societatea de Distributie a Energiei Electrice Muntenia Nord S.A.
(currently Distributie Energie Electrica Romania S.A.) concluded in November 2017. Main provisions
are: maximum loan amount: RON 150,000,000; Purpose of the loan: to finance the investment program
of 2017; Interest rate: 2.79% per annum; Maturity: 84 months; Period allowed for disbursements: 12
months; Repayment in full at maturity; Reimbursement allowed in advance, but not earlier than the 12
months of the period of use. As at 31 December 2023, the outstanding balance is of RON 150,000,000
(31 December 2022: RON 150,000,000);
• Intragroup loan agreement with Societatea de Distributie a Energiei Electrice Transilvania Nord
S.A. (currently Distributie Energie Electrica Romania S.A.) concluded in November 2017. Main
provisions are: maximum loan amount: RON 200,000,000; Purpose of the loan: to finance the
investment program of 2017; Interest rate: 2.79% per annum; Maturity: 84 months; Period allowed for
disbursements: 12 months; Repayment in full at maturity; Reimbursement allowed in advance, but not
earlier than the 12 months of the period of use. As at 31 December 2023, the outstanding balance is of
RON 200,000,000 (31 December 2022: 200,000,000);
• Intragroup loan agreement with Societatea de Distributie a Energiei Electrice Transilvania Sud S.A.
(currently Distributie Energie Electrica Romania S.A.) concluded in November 2017. Main provisions
are: maximum loan amount: RON 160,000,000; Purpose of the loan: to finance the investment program
of 2017; Interest rate: 2.79% per annum; Maturity: 84 months; Period allowed for disbursements: 12
months; Repayment in full at maturity; Reimbursement allowed in advance, but not earlier than the 12
months of the period of use. As at 31 December 2023, the outstanding balance is of RON 160,000,000
(31 December 2022: RON 160,000,000).
The share loss in amount of RON 38,825 for the period was recognized in the separate statement of profit
and loss for the year ended as at 31 December 2023 (31.12.2022: 13,044 RON).
• Loans granted in 2018:
• Intragroup loan agreement with Societatea de Distributie a Energiei Electrice Muntenia Nord S.A.
(currently Distributie Energie Electrica Romania S.A.) concluded in April 2018. Main provisions are:
maximum loan amount: RON 230,000,000; Purpose of the loan: to finance the investment program of
2018; Interest rate: 4.7% per annum; Maturity: 84 months; Period allowed for disbursements: 12 months;
Repayment in full at maturity; Reimbursement allowed in advance, but not earlier than the 12 months
of the period of use. As at 31 December 2023, the outstanding balance is of RON 230,000,000 (31
December 2022: RON 230,000,000);
• Intragroup loan agreement with Societatea de Distributie a Energiei Electrice Transilvania Nord S.A.
(currently Distributie Energie Electrica Romania S.A.) concluded in April 2018. Main provisions are:
maximum loan amount: RON 160,000,000; Purpose of the loan: to finance the investment program of
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A420
421
2018; Interest rate: 4.7% per annum; Maturity: 84 months; Period allowed for disbursements: 12 months;
31 December 2023, the outstanding balance
• Intragroup loan agreement with Electrica
Repayment in full at maturity; Reimbursement allowed in advance, but not earlier than the 12 months
is RON 676,500 (31 December 2022: RON
Furnizare S.A. concluded in December 2023.
of the period of use. As at 31 December 2023, the outstanding balance is of RON 160,000,000 (31
600,0000).
December 2022: RON 160,000,000);
• Intragroup loan agreement with Societatea de Distributie a Energiei Electrice Transilvania Sud S.A.
• Intragroup loan agreement with Sunwind
Energy S.R.L. concluded in November 2022.
(currently Distributie Energie Electrica Romania S.A.) concluded in April 2018. Main provisions are:
Main provisions are: maximum loan amount:
maximum loan amount: RON 130,000,000, Purpose of the loan: to finance the investment program of
RON 147,300,000, The purpose of granting
2018, Interest rate: 4.7% per annum, Maturity: 84 months, Period allowed for disbursements: 12 months,
this loan is financing the investment works
Repayment in full at maturity; Reimbursement allowed in advance, but not earlier than the 12 months
necessary for the completion and operation
of the period of use. As at 31 December 2023, the outstanding balance is of RON 130,000,000 (31
December 2022: RON 130,000,000).
• Loans granted in 2021:
• Intragroup loan agreement with Distributie Energie Electrica Romania S.A. concluded in October 2021.
Main provisions are: maximum loan amount: RON 246,325,000, The purpose of granting this loan is
the partial repayment of loans contracted from BRD in 2016 to finance the investment plan for the
year 2016 which reached the maturity in October 2021, Interest rate: 3.51% per annum, Maturity: 96
months until 12.10.2029, Period allowed for disbursements: 12 months, Repayment in full at maturity;
Reimbursement allowed in advance, but not earlier than the 12 months of the period of use. As at 31
December 2023, the outstanding balance is RON 246,325,000 (31 December 2022: RON 246,325,000).
• Loans granted in 2023:
• Intragroup loan agreement with FOTON POWER ENERGY SRL concluded in October 2023. Main
provisions are: maximum loan amount: RON 3,640,108, the maturity date and the duration of
the contract, including the period of use, not exceeding 10.10.2024. As at 31 December 2023, the
outstanding balance is RON 2,937,987.
b) Loans granted to subsidiaries – short term
Electrica Furnizare S.A.
Electrica Energie Productie S.A.
Sunwind Energy S.R.L.
New Trend Energy S.R.L.
Green Energy Consultancy & Investments S.R.L.
Total loans granted to subsidiaries – short term
• Short-term loans granted in 2022 and 2023:
Loans granted to subsidiaries
31 December 2023
31 December 2022
80,000,000
-
-
41,594,188
2,475,699
7,184,000
-
600,000
2,400,000
440,335
89,659,699
45,034,523
• Intragroup loan agreement with Sunwind Energy S.R.L. concluded in September 2022. Main provisions
are: maximum loan amount: RON 1,200,000, The purpose of granting this loan is financing the costs
that are the responsibility of ELSA according to the Sale and Purchase Agreement, Interest rate:
ROBOR 3M + 1.16 % per annum, Maturity: 12 months until 25.09.2024, Repayment in full at maturity. As at
of the “Satu Mare 2” (Botiz) photovoltaic
power plant, Interest rate: ROBOR 3M +
1.16 % per annum, Maturity: 12 months until
27.10.2023, Repayment in full at maturity. As at
31 December 2023 and 31 December 2022, the
outstanding balance is nil.
• Intragroup loan agreement with Sunwind
Energy S.R.L. concluded in April 2023. Main
provisions are: maximum loan amount: RON
1,800,000, The purpose of granting this loan is
financing the costs that are the responsibility
of ELSA according to the Sale and Purchase
Agreement, Interest rate: ROBOR 3M + 2,95
% per annum, Maturity: 12 months until
06.04.2024, Repayment in full at maturity.
As at 31 December 2023, the outstanding
balance is RON 1,799,199.
• Intragroup loan agreement with New Trend
Energy S.R.L. concluded in June 2022. Main
provisions are: maximum loan amount: RON
2,400,000, The purpose of granting this loan
is financing for the payment of the land set-
aside fee and the related bank commissions
and the partial financing of the costs for
issuing a Bank Letter of Guarantee having as
beneficiary the company Distributie Energie
Electrica Romania SA, Interest rate: ROBOR 3M
+ 1.16 % per annum, Maturity: 12 months until
13.06.2024, Repayment in full at maturity. As at
31 December 2022, the outstanding balance is
RON 2,400,000. During 2023 the parties agree
to supplement the loan granted by Electrica
SA to New Trend Energy SRL up to the total
cumulative amount of 8,517,600 Ron. Expiry
date and duration of the contract, including
the period of use, not exceeding 13.06.2024. As
at 31 December 2023, the balance of the loan
granted is RON 7,184,000.
Main provisions are: maximum loan amount:
100.000.000 RON, The purpose of granting this
loan is to finance short-term working capital
needs, Interest rate: ROBOR 3M + 1,16 % per
annum, Maturity: 02 November 2024. As of
31 December 2023, the balance of the loan
granted is 80,000,000 RON.
c) Cash pooling system at Group level
On 20 December 2019, between ING Bank N.V.,
Electrica SA and its subsidiaries were concluded
two agreements for the implementation of two cash
pooling schemes, as follows:
•
a first system involving Electrica SA, as cash
pool leader and its distribution subsidiaries
(Societatea de Distributie a Energiei Electrice
Muntenia Nord S.A., Societatea de Distributie
a Energiei Electrice Transilvania Nord S.A. and
Societatea de Distributie a Energiei Electrice
Transilvania Sud S.A., currently Distributie Energie
Electrica Romania S.A.), as participants;
The credit facility offered by the pool leader
to each participant is up to the amount of
RON 180,000,000; The credit facility offered by
each participant to the pool leader is up to the
amount of RON 50,000,000; Interest rate: ROBOR
1M + 0.83% p.a and ROBOR 3M + 2.95% and
Bank Rate : ROBOR 1M + 2.25%; . However, if the
amounts drawn by the participants are covered
both by the internal liquidity of Electrica SA,
and by drawing from the credit line granted to
Electrica SA, the amount of interest due by the
participants to Electrica SA will be calculated
using a weighted interest rate, calculated on the
basis of the ROBOR Internal Rate 1M +0.83% p.a.
and the ROBOR Bank Rate 1M + 2.25% p.a.
The initial due date was 20.12.2020, the
convention being automatically extended at
the maturity of the bank facility agreement until
27.02.2025;
•
a second system involving Electrica SA, as
cash pool leader and its subsidiaries, Electrica
Furnizare S.A., Electrica Serv S.A., Servicii
Energetice Muntenia S.A (currently absorbed
by Electrica Serv S.A.), Electrica Energie Verde
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A422
423
1 SRL (starting with 30 December 2020) as
of the participants is nil. In case the balance of the
26. Capital and reserves
participants;
master bank account of Electrica SA is not sufficient
The credit facility offered by the participants
to cover the negative balance of the current bank
to the pool leader is up to the amount of RON
accounts of the participants, the bank will make
(a) Share capital, share premium, gains and losses referring to share issue
180,000,000 for Electrica Furnizare S.A.; RON
available the necessary funds from the overdraft
The issued share capital in nominal terms consists of 346,443,597 ordinary shares as at 31 December 2023
10,000,000 for Electrica Energie Verde 1 SRL;
facility that will be signed between the bank and
(31 December 2022: 346,443,597) with a nominal value of RON 10 per share. As of 4 July 2014, after the Initial
RON 50,000,000 for Electrica Serv S.A.. As at 30
Electrica SA.
Public Offering (“IPO”), the Company’s shares are listed on the Bucharest Stock Exchange and the Global
As of 31 December 2023, the credit facility has
an outstanding balance of RON 205,520,079 (31
December 2022: RON 207,830,772). For the amounts
drawn/transferred to the cash pooling systems
between Electrica SA and the other participants,
please refer to Note 29.
November 2020 was in place the convention in
amount to RON 2,000,000 with Servicii Energetice
Muntenia S.A. which was absorbed by Electrica
Serv S.A. being integrated in the conventions
limits applicable for Electrica SERV S.A.
*On 31.12.2023 the merger by absorption
took place between Societatea Energetica
Electrica SA (ELSA) as absorbing company and
Societatea Electrica Productie Energie SA (EPE),
Electrica Energie Verde 1 SRL (EEV1) and Green
Energy Consultancy & Investments SRL (GECI) as
absorbed companies.
Through internal agreements concluded by
Electrica SA with each of the participants,
subsequently amended by additional
agreements, the internal interest rate was set at
ROBOR 1M + 0.83% and ROBOR 3M + 2.95% and
the Bank rate at ROBOR 1M + 2.25%;
In the case where the amounts drawn by the
participants are covered both from Electrica
SA’s internal liquidity and by drawing on the
credit line granted to Electrica SA, the amount
of interest owed by the participants to Electrica
SA will be calculated using a weighted interest
rate calculated on the basis of the Internal Rate
ROBOR 1M + 0.83% and the Bank Rate ROBOR 1M
+ 2.25%;
The initial due date was 20.12.2020, the
convention being automatically extended at
the maturity of the bank facility agreement until
27.02.2025;
Through which the bank will automatically transfer
all available amounts existing at the end of each
day in the current bank accounts of the participants
to the master bank account of Electrica SA. In case
the current bank accounts of the participants have
a negative balance at the end of the day, the bank
will transfer the necessary amounts from the master
bank account of Electrica SA to the current bank
accounts of the participants, so as at the end of
each day the balance of the current bank accounts
Depositary Receipts are listed on the London Stock Exchange.
The shares owned by the Company’s shareholders that are traded on the London Stock Exchange are the
global depositary receipts (GDRs). A global depositary receipt represents four shares. The Bank of New
York Mellon is the depositary bank for these securities. The GDRs’ weight in Electrica’s total share capital
diminished following the Initial Public Offering, reaching a level of 0.7842% at the end of 2021 as compared to
10.17% at 4 July 2014.
The holders of ordinary shares are entitled to receive dividends as declared, and are entitled to one vote
per share in the shareholders’ meetings of the Company, except for the 6,890,593 shares purchased by the
Company in July 2014 in order to stabilize the price. All shares rank equal and confer equal rights to the net
assets of the Company, except for treasury shares.
The Company recognizes changes in share capital only after their approval in the General Shareholders
Meeting and their registration by the Trade Register. The contributions made by the shareholders which are
not yet registered with the Trade Register at year end are recognized as pre-paid capital contributions from
shareholders.
After IPO privatization, the Company recognized an increase of share capital of RON 1,771,887,440 and a
share premium of RON 171,128,062. The transaction costs of RON 68,078,885 were deducted from the share
premium.
Following the SPO that took place in November 2019, the share capital of Electrica SA was increased by in
kind and cash contribution, with the amount of RON 5,036,680, from the amount of RON 3,459,399,290 to the
amount of RON 3,464,435,970, by issuing a number of 503,668 new nominative and dematerialized shares
with a nominal value of 10 RON/share.
The costs generated by the secondary public offering are in amount of RON 963,601. Also, the Company
recorded gains referring to share issue of RON 2,185,519, resulting from the difference between the
contribution value of the plots of land and their value recorded as pre-paid capital contributions in kind
from shareholders.
(b) Treasury shares reserve
In July 2014, the Company purchased 5,206,593 ordinary shares and 421,000 Global Depositary Receipts,
equivalent to 1,684,000 shares (totalling 6,890,593 shares). The total amount paid for acquiring the shares
and Global Depositary Receipts was RON 75,372,435.
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A424
425
(c) Revaluation reserves
The reconciliation between opening and closing balance of the revaluation reserve is as follows:
Balance at 1 January
Revaluation of property, plant and equipment
Revaluation of property, plant and equipment – merger
Deferred tax liability arising on revaluation of property, plant and equipment
Deferred tax liability arising on revaluation of property, plant and equipment
– merger
Release of revaluation reserve to retained earnings corresponding to
depreciation and disposals of property, plant and equipment
Balance at 31 December
(d) Legal reserves
2023
2022
11,806,704
12,397,647
6,988,472
2,701,689
(1,138,457)
(62,344)
-
-
-
-
(37,399)
(590,943)
20,258,665
11,806,704
The Legal reserves are set up as 5% of the gross profit for the year, until the total legal reserves reach 20%
of the paid-up nominal share capital of the Company, according to the legislation. These reserves are
deductible for income tax purposes and are not distributable.
As at 31 December 2023, the legal reserves were in amount of RON 231,595,694 (31 December 2022: RON
229,435,101).
(e) Dividends
The dividends distributed by the Company in 2023 and 2022 (from the statutory profits of preceding years)
were as follows:
The total amount of dividends to be distributed to shareholders in 2023 was of RON 39,999,343 (2022:
RON 152,798,852). The value of dividends per share distributed to the shareholders of the Company were:
RON 0.1178 per share (2022: RON 0.45 per share). When calculating the dividend per share, the Company’s
repurchased own shares (6,890,593 shares) were not considered as outstanding shares and are deducted
from the total number of issued ordinary shares.
Out of the dividends declared by the Company of RON 39,999,343 (2022: RON 152,798,852), the dividends
paid were RON 40,136,410 (2022: RON 152,446,574), the difference representing dividends paid to
shareholders for previous periods.
27. Trade payables
Suppliers of goods and services
Capital expenditure suppliers
Suppliers – related parties (Note 29)
Total
Payables to related parties are detailed in Note 29.
28. Other payables
31 December 2023
31 December 2022
5,580,512
46,698
1,018,220
6,645,430
4,368,115
128,823
247,788
4,744,726
Cash-pooling payables
Dividends payable
Other payables to the state budget
Other liabilities
31 December 2023
31 December 2022
Current
Non-current
Current
Non-current
47,764,297
1,581,577
11,730
1,738,926
51,096,530
-
-
-
-
-
33,187,405
1,716,675
7,304
1,563,323
36,474,707
-
-
-
-
-
2023
2022
Total
Distributed dividends
39,999,343
152,798,852
Cash-pooling payables comprises the payable of Electrica as at 31 December 2023 as cash pool leader in
the two cash-pooling systems set up at Group level (Note 23 and Note 29).
On 27 April 2023, the General Shareholders Meeting of the Company approved the net distributable profit of
Other liabilities include mainly guarantees and sundry creditors. Dividends payable represent the dividends
2022 as follows:
• Dividends to be distributed to shareholders: RON 39,999,343;
• Legal reserve (5% from 2022 pre-tax profit): RON 1,278,875;
• Other reserves: RON 16,973,333.
uncollected by the shareholders.
In August 2020, the VAT group was established at the Electrica level in accordance with the provisions of
Article 269 (9) of the Tax Code and the rules for its application, National Agency for Fiscal Administration
(“NAFA”) Order No. 3006/2016 on the approval of the Procedure for the implementation and administration
of the single tax group. The members of the VAT group are Electrica SA and its subsidiaries. The
On 20 April 2022, the General Shareholders Meeting of the Company approved the net distributable profit of
representative of the group is Electrica Furnizare S.A., having all the reporting and VAT record obligations
2021 as follows:
stipulated by the legal regulations in force for the whole group.
• Dividends to be distributed to shareholders: RON 152,798,852;
• Legal reserve (5% from 2021 pre-tax profit): RON 16,128,587;
• Other reserves: RON 152,892,445.
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A29. Provisions
Balance at 1 January 2023
Provisions recognized
Provisions utilized
Provisions reversed
Balance at 31 December 2023
Balance at 1 January 2022
Provisions recognized
Provisions utilized
Provisions reversed
Balance at 31 December 2022
426
427
Litigations and other risks
The Company’s exposure to credit risk is influenced mainly by the individual characteristics of each customer.
In the past, the Company had a high credit risk mainly from State-owned companies (see Note 16).
1,041,676
25,997
(228,598)
(113,991)
725,084
Cash and bank deposits are placed in financial institutions, which are considered to have good
creditworthiness. The carrying amount of financial assets represents the maximum credit exposure.
Trade receivables
The Company establishes an allowance for impairment that represents the amount of expected credit
losses, calculated based on the expected loss rates.
4,238,114
Impairment
The provisions balance consists of: a) provisions in amount of RON 499,488 as at 31 December 2023 (31
December 2022: RON 702,088) referring to the benefits granted upon the termination of executive directors’
and management key personnel contracts in the form of a non-compete clause and b) provision in amount
of RON 225.,598 as at 31 December 2023 (31 December 2022: RON 339,589) referring to various litigations.
30. Financial instruments - fair values and risk management
(a) Accounting classifications and fair values
304,330
(1,872,108)
(1,628,660)
1,041,676
The following table provides information about the exposure to credit risk and expected credit losses for
trade receivables for customers as at 31 December 2023:
Neither past due nor impaired
Past due 1-30 days
Past due 31-60 days
Past due 61-90 days
Past due more than 90 days
Total
31 December 2023
Expected loss
rates (“ECL”)
Gross value
Lifetime ECL
Net trade
receivables
Credit
impaired
0%
0%
0%
0%
1,743,932
945
-
-
-
-
-
-
1,743,932
945
-
-
100%
155,340,248
(155,337,719)
2,529
157,085,126
(155,337,719)
1,747,406
No
No
No
No
Yes
According to IFRS 9, financial assets are measured at amortized cost as 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.
Allowances for impairment are referring mainly to Oltchim in amount of RON 98,725,847 (31 December 2022:
RON 98,725,847), Transenergo Com in amount of RON 37,084,601 (31 December 2022: RON 37,088,264) and to
Fidelis Energy in amount of RON 11,154,320 (31 December 2022: RON 11,220,386). Please see Note 16.
The Company doesn’t have real Group guarantees, only corporate guarantees disclosed on note 31
An analysis of trade receivables from the point of view of the credit risk and expected credit losses for trade
Commitments.
receivables for customers as at 31 December 2022, is as follows:
The Company assessed that the carrying amount is a reasonable approximation of the fair value for the
31 December 2022
financial assets and financial liabilities.
(b) Financial risk management
The Company has exposure to the following risks arising from financial instruments:
• credit risk;
• liquidity risk;
• market risk.
These risks are further explained and detailed.
(i) Credit risk
Credit risk is the risk of financial loss to the Company if a customer or counterparty to a financial instrument
fails to meet its contractual obligations, and arises mainly from the Company’s receivables from customers,
cash-pooling debtors, cash and cash equivalents, restricted cash and bank deposits.
Neither past due nor impaired
Past due 1-30 days
Past due 31-60 days
Past due 61-90 days
Past due more than 90 days
Total
Expected loss
rates (“ECL”)
Gross value
Lifetime ECL
Net trade
Credit
receivables
impaired
0%
0%
0%
0%
708,385
56,677
-
-
-
-
-
-
708,385
56,677
-
-
100%
160,706,221
(160,675,756)
30,464
161,471,282
(160,675,756)
795,526
No
No
No
No
Yes
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A428
429
(ii) Liquidity risk
Exposure to currency risk
Liquidity risk is the risk that the Company might encounter difficulty in meeting the obligations associated
The summary of the quantitative data about the Company’s exposure to currency risk is as follows:
with its financial liabilities that are settled by delivering cash or another financial asset. The Company has
significant cash and cash equivalents so that no liquidity risk is experienced.
The Company aims to maintain the level of its cash and cash equivalents at an amount in excess of
in RON
expected cash outflows on financial liabilities. The Company also monitors the level of expected cash
Cash and cash equivalents
inflows on trade receivables together with expected cash outflows on trade and other payables.
Exposure to liquidity risk
Lease liability
Net statement of financial position exposure
31 December 2023
31 December 2022
denominated in EUR
denominated in EUR
334,404
(2,113,186)
(1,778,782)
263,291
(267,657)
(4,366)
The following table presents the contractual maturities of financial liabilities at the reporting date. The
amounts are gross and undiscounted, and include estimated interest accrued.
The following significant exchange rates have been applied during the year:
Financial liabilities
Carrying
amount
Total
less than 1
year
1-2 years
2-5 years
more than
5 years
Contractual cash flows
205,520,079
205,520,079
205,520,079
6,645,430
6,645,430
6,645,430
-
-
-
-
RON
EUR 1
Sensitivity analysis
Average rate
Year-end spot rate
2023
4.9464
2022
4.9315
2023
4.9746
2022
4.9474
A reasonable possible appreciation (depreciation) of the EUR against RON at 31 December would have
4,069,161
4,069,161
797,944
530,385
1,028,021
1,712,811
affected the measurement of financial instruments denominated in a foreign currency, the profit before tax
216,234,670
216,234,670
212,963,453
530,385
1,028,021
1,712,811
and the equity, respectively, by the amounts shown below. The analysis assumes that all other variables,
especially the interest rates, remain constant and ignores the impact of forecasted sales and purchases.
207,830,772
207,830,772
207,830,772
4,744,726
4,744,726
4,744,726
-
-
269,610
269,610
215,561
54,049
212,845,108
212,845,108
212,791,059
54,049
-
-
-
-
-
-
-
-
Efect
31 December 2023
EUR (5% movement)
31 December 2022
EUR (5% movement)
Interest rate risk
Profit before tax
Appreciation
Depreciation
(88,939)
88,939
(218)
218
Market risk is the risk that changes in market prices – such as foreign exchange rates, interest rates – will
affect the Company’s income or the value of its holdings of financial instruments. The objective of market
The Company exposures to interest rates on financial assets and financial liabilities are detailed below.
risk management is to manage and control market risk exposures within acceptable parameters, while
The Company is exposed to the interest rate benchmark ROBOR, which is the interest rate on the Romanian
optimizing the return.
Currency risk
The Company is exposed to currency risk to the extent that there is a mismatch between the currencies in
which sales, purchases and borrowings are denominated and the functional currency of the Company. The
functional currency of the Company is the Romanian Leu (RON).
The currencies in which these transactions are primarily denominated are RON and EUR. The Company also
has deposits and bank accounts denominated in foreign currency (EUR). The Company’s policy is to use
the local currency in its transactions as far as practically possible. The Company does not use derivative or
hedging instruments.
interbank market. The Company does not have in place hedging contracts for interest rate.
31 December 2023
Bank overdrafts
Trade payables
Lease liability
Total
31 December 2022
Bank overdrafts
Trade payables
Lease liability
Total
(iii) Market risk
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A430
431
Exposure to interest rate risk
The interest rate profile of the Company’s interest-bearing financial instruments is as follows:
31. Related parties
(a) Main shareholders
Fixed-rate instruments
Financial assets
Call deposits
Total
Variable-rate instruments
Financial assets
Cash pooling receivables (Note 23, Note 29)
Financial liabilities
Cash pooling payables (Note 23, Note 29)
Bank overdrafts (Note 18)
Lease liability
Total
31 December 2023
31 December 2022
As at 31 December 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 a share of ownership of 48.79% from the
share capital.
(b) Management and administrators’ compensation
-
-
102,017,348
102,017,348
Management compensation
2023
2022
4,324,861
5,905,346
567,646,476
477,646,009
of mandate contracts for executive directors.
Executive management compensation refers to both the managers with mandate contract and those with
labour contract, concluded with Electrica SA. This also includes the benefits in the event of the termination
Compensations granted to the members of the Board of Directors were as follows:
(47,764,297)
(33,187,405)
(205,520,079)
(207,830,772)
(4,069,161)
(269,610)
Members of Board of Directors
2023
2022
2,616,568
2,537,558
310,292,939
236,358,222
Electrica SA’s Board of Directors comprises 7 members. According to the remuneration policy approved
Fair value sensitivity analysis for fixed-rate instruments
The Company does not account for any fixed-rate financial assets or financial liabilities at fair value
through profit or loss. Therefore, a change in interest rates at the reporting date would not affect profit or
loss.
Cash flow sensitivity analysis for variable-rate instruments
A reasonably possible change of 50 basis points in interest rates at the reporting date would have
increased (decreased) profit before tax by the amounts shown below. This analysis assumes that all other
variables, in particular foreign currency exchange rates, remain constant.
by the General Meeting of Shareholders that took place 20 April 2022, the annual number of paid sessions
is limited to twelve for Board of Directors meetings and to six for each of the committees. Additional
committee meetings can be organized only in exceptional situations, upon the Chairs’ decision, who are
responsible to efficiently organize the agenda and activity. However, only one such additional meeting shall
be remunerated, for each committee.
No loans were granted to managers and administrators in 2023 and 2022.
(c) Transactions with the Group companies
(i) Balance of receivables and payables from/ to Group companies:
Trade Receivables/Trade Payables
Effect
31 December 2023
Variable-rate instruments
31 December 2022
Variable-rate instruments
Profit before tax
50 bp increase
50 bp decrease
1,551,465
(1,551,465)
Distributie Energie Electrica Romania S.A.
1,181,791
(1,181,791)
Electrica Serv S.A.
Electrica Furnizare S.A.
Electrica Productie Energie S.A.
Sunwind Energy S.R.L.
Total
Receivables from
Payables to
31 December 2023 31 December 2022 31 December 2023 31 December 2022
1,197,710
197,031
471,687
-
1,575,132
1,199,088
-
3,894
848
17,091
867,776
133,353
-
1,784
23,389
222,615
-
3,248,423
1,396,967
1,018,220
247,788
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
432
433
As at 31 December 2023 and 31 December 2022, receivables from electricity distribution subsidiaries include
(ii) Transactions with subsidiaries:
mainly other services reinvoiced.
Loans granted/interest receivable:
Distributie Energie Electrica Romania S.A.
1,276,325,000
1,276,325,000
19,183,225
17,937,449
Loans granted to
Interest receivable from
31 December
2023
31 December
2022
31 December
2023
31 December
2022
Electrica Furnizare S.A.
Electrica Energie Productie S.A.
Sunwind Energy S.R.L.
New Trend Energy S.R.L.
Foton Power Energy S.R.L.
80,000,000
-
230,533
-
41,594,188
-
1,657,848
2,475,699
600,000
189,908
12,370
7,184,000
2,400,000
316,550
102,784
2,937,987
-
43,847
-
3,753
Green Energy Consultancy & Invest-ments S.R.L.
-
440,335
-
Total
1,368,922,686
1,321,359,523
19,964,063
19,714,204
Cash-pooling system 31 December 2023:
Amount
drawn
by
participants
Amount
contributed
to by
participants
Net position
Interest
receivable/
(payable)
31 December
2023
31 December
2023
31 December
2023
31 December
2023
350,786,382
216,860,094
-
-
-
-
-
350,786,382
5,470,721
216,860,094
1,518,731
-
-
(47,764,297)
(47,764,297)
(281,932)
567,646,476
(47,764,297)
519,882,179
6,707,520
Amount
drawn
by
participants
Amount
contributed
to by
participants
Net position
Interest
receivable/
(payable)
31 December
2022
31 December
2022
31 December
2022
31 December
2022
311,393,113
163,250,006
3,002,890
-
-
-
311,393,113
1,859,586
163,250,006
1,018,277
3,002,890
17,849
Distributie Energie Electrica Romania S.A.
Electrica Furnizare S.A.
Electrica Energie Verde 1 S.R.L.
Electrica Serv S.A.
Total
Cash-pooling system 31 December 2022:
Distributie Energie Electrica Romania S.A.
Electrica Furnizare S.A.
Electrica Energie Verde 1 S.R.L.
Electrica Serv S.A.
Total
Sales/Purchases
Distributie Energie Electrica Romania S.A.
Electrica Furnizare S.A.
Electrica Serv S.A.
Electrica Energie Productie S.A.
Green Energy Consultancy & Investments S.R.L.
Electrica Energie Verde 1 S.R.L.
Sunwind Energy S.R.L.
Total
Reimbursements / Borrowings
Distributie Energie Electrica Romania S.A.
Electrica Furnizare S.A.
Electrica Energie Productie S.A.
Sunwind Energy S.R.L.
New Trend Energy S.R.L.
Green Energy Consultancy & Investments S.R.L.
Foton Power Energy S.R.L.
Total
Interest income for loans
Distributie Energie Electrica Romania S.A.
Electrica Furnizare S.A.
Electrica Energie Productie S.A.
Sunwind Energy S.R.L.
New Trend Energy S.R.L.
Green Energy Consultancy & Investments S.R.L.
Sales
in 2023
Sales
in 2022
Purchases
in 2023
Purchases
in 2022
1,886,897
208,879
15,859
185,938
2,967,606
1,314,408
543,221
689,704
497,076
91,439
32,365
6,599
3,272
8,782
3,339
-
-
-
1,829,184
27,056
-
-
-
-
-
-
-
-
5,485,254
1,535,408
2,388,264
902,698
Borrowings
granted in 2023
Borrowings
granted in 2022
Reimbursements
in 2023
Reimbursements
in 2022
-
-
80,000,000
100,000,000
-
47,540,173
1,875,699
600,000
4,784,000
2,400,000
2,698,920
440,335
2,937,987
-
92,296,606
150,980,508
-
-
-
-
-
-
-
-
-
130,000,000
5,945,985
-
-
-
135,945,985
Interest income
2023
Interest income
2022
47,972,160
47,972,160
230,533
3,370,918
177,538
213,766
135,945
43,847
1,406,254
1,711,863
12,370
102,784
3,753
-
-
(33,187,405)
(33,187,405)
(244,477)
Foton Power Energy S.R.L.
477,646,009
(33,187,405)
444,458,604
2,651,235
Total
52,144,707
51,209,184
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A434
435
Cash pooling system – interest income/(expense)
Distributie Energie Electrica Romania S.A.
Electrica Energie Verde 1 S.R.L.
Electrica Serv S.A.
Electrica Furnizare S.A.
Total
Interest income/
(expense)
2023
27,404,262
203,426
Interest income/
(expense)
2022
18,136,075
464,479
32. Contingencies
(a) Contingent Assets
Litigation with National Agency of Fiscal Administration (“NAFA”)
In May 2017, after the revision of Electrica’s tax record, the tax authorities issued an enforcement order for
additional interest and penalties of RON 39,248,818 as a result of certain tax record allocations for prior
(2,816,408)
(2,553,799)
periods. Electrica SA filed a complaint with the tax authorities against the enforcement order and also filed
18,961,026
10,664,680
a legal action to suspend the enforced payment by the resolution of the above mentioned complaint. These
additional interest and penalties are related to the prior enforcement orders received by Electrica SA in the
43,752,306
26,711,435
prior years of RON 72,460,387.
(d) Transactions with companies in which the state has control or significant influence
In February 2018, Electrica SA has obtained a favourable Supreme Court ruling in one of the litigations with
NAFA, which essentially maintains into force a prior Court of Appeal decision, which is favourable for the
The Company had sale and purchase transactions mainly with the following companies:
Company.
Supplier
ANCOM
Others
Total
Client
Oltchim
CET Braila
Total
Client
Oltchim
CET Braila
Total
Purchases (without VAT)
Balance (including VAT)
2023
567,684
245,147
812,831
2022
31 December 2023
31 December 2022
567,684
142,640
710,324
141,921
1,437
143,358
141,921
497
142,418
Sales
Balance, gross
Allowance
(without VAT)
(including VAT)
(including VAT)
Balance, net
2023
-
-
-
31 December 2023
98,725,847
(98,725,847)
3,118,411
(3,118,411)
101,844,258
(101,844,258)
-
-
-
Sales
Balance, gross
Allowance
(without VAT)
(including VAT)
(including VAT)
Balance, net
Also, in April 2019, Electrica SA obtained another favourable decision pronounced by the Bucharest Court of
Appeal in one of the disputes with NAFA, whereby the court obliges NAFA to correct the evidence of the tax
receivables so that it reflects the extinction by prescription of the amount of RON 16,915,950 representing
income tax as well as all the related accessories. Moreover, in November 2019, Electrica SA obtained one
more favourable decision pronounced by the Bucharest Court of Appeal in one of the disputes with NAFA,
whereby the court obliges NAFA to cancel the administrative documents issued regarding the accessory
fiscal obligations in the amount of RON 39,248,818 and ordered the refund/ compensation of the amount
and the correction of the tax record. Against this decision, NAFA filed an appeal, registered to the High Court
of Cassation and Justice, with the Court term on 23 March 2022, which was finalized in favor of Electrica.
Following this final decision, the Bucharest District 1 Court reinstated another case for which, on 22
December 2022, annulled the enforceable title for the amount of RON 39,248,818 and of all subsequent
enforcement acts issued in connection with the forced execution and also obliged NAFA to pay the litigation
costs in the amount of RON 19,326. Against this decision, NAFA filed an appeal on 23 February 2023.
Thus, until 31 December 2023, the Company did not recognize a provision in this respect, taking into account
that management’s best estimate is that the Company shall be able to obtain a favourable final Court
decision in this case.
(b) Contingent Liabilities
2022
-
-
-
98,725,847
3,118,411
101,844,258
31 December 2022
Other litigations and claims
(98,725,847)
(3,118,411)
(101,844,258)
The Company is involved in a series of litigations and claims (ie. with SAPE, ANRE, NAFA, Court of Accounts,
claims for damages, claims over land titles, labour related litigations etc.).
As summarised in Note 27, the Company set-up 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 Company does not present
information in the financial statements and did not set-up provisions for items for which the management
assessed as remote the possibility of outflow of economic benefits.
The Company discloses, if the case, information on the most significant items of litigations or claims for
which the Company did not set-up 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
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A436
437
events not wholly within the control of the Company (ie. litigations for which different inconsistent sentences
(b) Guarantees and pledges
were issued by the Courts, or litigations which are in early stages and no preliminary ruling was issued so
far).
Fiscal environment
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
The Company has a facility for issuing bank guarantee letters in the amount of RON 185,000,000 contracted
from Unicredit Bank and which is used at Group level, out of which the used amount as of 31 December
2023 is RON 139,314,062 (31 December 2022: RON 133,660,068). The maturity of the facility is on 31 December
2031. Also, the Company issued parenting guarantees for Electrica Furnizare S.A. in total amount of RON
247.549.722 (31 December 2022: RON 367,234,402).
established. Consequently, companies may be found liable for significant taxes and fines. Moreover, tax
(c) Audit fees
legislation is subject to frequent changes and the authorities sometimes demonstrate inconsistency in
interpretation of the law. Income tax statements may be subject to revision and corrections made by tax
authorities, generally for a five-year period after they are filled in. The company was the subject of fiscal
inspections until 31 March 2013.
The Company may incur expenses related to tax adjustments related to previous years as a result of tax
authorities inspections and disputes. The Company’s management considers that adequate reserves were
established in the separate financial statements for all the significant fiscal obligations, however a risk that
the tax authorities could take different positions still persists.
(c) Transfer prices
According to the fiscal legislation, the fiscal assessment for a transaction with affiliates is based on the
market price concept for that transaction. Based on this concept, the transfer prices must be adjusted
in order to reflect the market prices that would have been established between the entities having no
affiliation relation and are acting independently, based on “normal market conditions”.
Likely, verifications of the transfer prices may be done in the future by the fiscal authorities, in order to
establish if these prices are respecting the principle of the “normal market conditions” and that the tax base
for Romanian taxpayer is not distorted.
33. Commitments
(a) Contractual commitments
Contractual commitments as at 31 December 2023 and 31 December 2022 are as follows:
Purchase of property, plant and equipment, intangible assets and
other maintenance and repairs services
5,955,625
-
31 December 2023
31 December 2022
Purchase of investments
Total
45,121,884
289,635,733
51,077,509
289,635,733
The audit fees for the individual financial statements were in amount of RON 524,318 (EUR 106,000) for the
year 2023, of which:
• fee for the statutory standalone audit for the year ended 31.12.2023 is RON 24,732;
• fee for the statutory standalone audit of the financial statements prepared for the special purpose of
the merger as at 30.09.2023 is RON 242,374;.
• fee for the statutory standalone audit of the financial statements prepared voluntarily as at 30.06.2023 is
RON 217.642;
• Analysis and verification services on Societatea Energetica Electrica SA transactions reported through
current reports in accordance with the provisions of art.108 of Law no. 24/2017 is RON 39,571.
34. Subsequent events
There were no significant subsequent events at the date of signing the financial statements as at 31.12.2023.
Chief Executive Officer
Alexandru-Aurelian Chirita
Chief Financial Officer
Stefan Alexandru Frangulea
25 March 2024
NOTES TO THE SEPARATE FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A438
439
INDEPENDENT AUDITOR’S REPORT
ON 2023 SEPARATE
FINANCIAL STATEMENTS
440
441
Deloitte Audit S.R.L.
The Mark Tower,
82-98 Calea Griviței,
Sector 1, 010735
Bucharest, Romania
T: +40 21 222 16 61
F: +40 21 222 16 60
www.deloitte.ro
INDEPENDENT AUDITOR’S REPORT
To the Shareholders,
SOCIETATEA ENERGETICA ELECTRICA S.A.
Report on the Audit of the Financial Statements
Opinion
1. We have audited the separate financial statements of Societatea Energetica Electrica S.A. (“the Company”), with registered
office in Bucharest, District 1, Street Grigore Alexandrescu, No. 9, identified by unique tax registration code 13267221, which
comprise the statement of financial position as at December 31, 2023, and the statement of comprehensive income,
statement of changes in equity and statement of cash flows for the year then ended, and notes to the financial statements,
including material accounting policy information.
2.
The separate financial statements as at December 31, 2023 are identified as follows:
• Net assets / Equity
• Net profit for the financial year
RON 3,980.498.078
23,940,836
RON
3.
In our opinion, the accompanying separate financial statements present fairly, in all material respects, the financial position
of the Company as at December 31, 2023, and its financial performance and its cash flows for the year then ended in
accordance with Ministry of Public Finance Order no. 2844/2016, with subsequent amendments, for the approval of
accounting regulations conforming with International Financial Reporting Standards .
Basis for Opinion
4. We conducted our audit in accordance with International Standards on Auditing (ISAs), Regulation (EU) No. 537/2014 of the
European Parliament and the Council (herein after referred to as “the Regulation”) and Law 162/2017 on the statutory audit
of annual financial statements and annual consolidated financial statements and on amending other pronouncements (herein
after referred to as “the Law 162/2017”. Our responsibilities under those standards are further described in the Auditor’s
Responsibilities for the Audit of the Financial Statements section of our report. We are independent of the Company in
accordance with the International Ethics Standards Board for Accountants’ International Code of Ethics for Professional
Accountants (including International Independence Standards) (IESBA Code), in accordance with ethical requirements
relevant for the audit of the financial statements in Romania including the Regulation and the Law 162/2017 and we have
fulfilled our other ethical responsibilities in accordance with these requirements and the IESBA Code. We believe that the
audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.
Emphasis of matter
5. We draw attention to Note 3 to the separate financial statements which states that Company is the parent company of
Electrica Group and that consolidated financial statements of Electrica Group prepared in accordance with International
Financial Reporting Standards as adopted by EU have not yet been published. Notes 3 to the separate financial statements
explain when consolidated financial statements will be published. Our opinion is not modified in respect of this matter.
Key Audit Matters
6.
Key audit matters are those matters that, in our professional judgment, were of most significance in our audit of the separate
financial statements of the current period. These matters were addressed in the context of our audit of the separate financial
statements as a whole, and in forming our opinion thereon, and we do not provide a separate opinion on these matters.
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited ("DTTL"), its global network of member firms, and their related entities (collectively, the "Deloitte organization"). DTTL (also
referred to as "Deloitte Global") and each of its member firms and related entities are legally separate and independent entities, which cannot obligate or bind each other in respect of third parties.
DTTL and each DTTL member firm and related entity is liable only for its own acts and omissions, and not those of each other. DTTL does not provide services to clients.
Please see www.deloitte.com/about to learn more.
1
Key audit matters
Going Concern
How our audit addressed the key audit matter
As presented in Note 8 the separate financial statements have
been prepared on the going concern basis. The key judgement
leading to this conclusion are set out in that note.
We have assessed managements valuation of the going
concern assumption by performing the following procedures:
• We have obtained the cash flow forecasts and
critically challenged the management and the Board
of Directors and Audit Committee on the assumptions
used;
• We considered whether at the date of this report
additional information exist from the Romanian
authorities with respect to the capping mechanism;
• We have assessed the Company’s subsidiaries and
Company’s position on the existing debt facilities,
covenant compliance and newly negotiated debt
facilities, during 2024 until the date of this report;
• We assessed the adequacy of the disclosure of the
basis of going concern assumption, including the key
judgements adopted;
In particular the subsidiaries of the Company operate in the
electricity distribution and supply industry which is currently
affected by the compensation and ceiling laws on sales to end
customers. The Romanian authorities regulatory position is
under review and there may be further laws enacted which
could adversely impact the subsidiaries of the Company’s
operating cash flows. In the forthcoming twelve months the
subsidiaries will need to obtain additional financing and given
the position of the Group and its significance to the Romanian
economy management expect that all necessary financing will
be made available.
The ability of the Company to continue as a going concern is
dependent on the ability of its subsidiaries to continue as a
going concern. The ability of the subsidiaries of the Company
to continue as a going concern is dependent on successful
completion of the new financing and on stabilizing of the
regulatory regime on energy prices as described in note 8, which
provides an appropriate margin to support servicing of the
subsidiaries of the Company and Company’s short and long term
financings.
In view of the significant judgements the application and
disclosures of the basis of the going concern assumption are
considered a Key Audit Matter.
Other information
7.
The administrators are responsible for the preparation and presentation of the other information. The other information
comprises the Administrators’ report and the Remuneration Report, but does not include the separate financial statements
and our auditor’s report thereon, or the non-financial information declaration, which is being presented in a separate report.
Our opinion on the separate financial statements does not cover the other information and, unless otherwise explicitly
mentioned in our report, we do not express any form of assurance conclusion thereon.
In connection with our audit of the separate financial statements for the year ended December 31, 2023, our responsibility is
to read the other information and, in doing so, consider whether the other information is materially inconsistent with the
separate financial statements or our knowledge obtained in the audit or otherwise appears to be materially misstated.
Other responsibilities of reporting with respect to other information – Administrators’ report
With respect to the Administrators’ report, we read it and report if this has been prepared, in all material respects, in
accordance with the provisions of Ministry of Public Finance Order no. 2844/2016, with subsequent amendments, for the
approval of accounting regulations conforming with International Financial Reporting Standards .
On the sole basis of the procedures performed within the audit of the separate financial statements, in our opinion:
a)
the information included in the Administrators’ report and the Remuneration Report, for the financial year for which
the separate financial statements have been prepared is consistent, in all material respects, with these separate
financial statements;
2
INDEPENDENT AUDITOR’S REPORT ON 2023 SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTINDEPENDENT AUDITOR’S REPORT ON 2023 SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORT
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443
b)
the Administrators’ report has been prepared, in all material respects, in accordance with the provisions of Ministry of
Public Finance Order no. 2844/2016, with subsequent amendments, for the approval of accounting regulations
conforming with International Financial Reporting Standards;
Moreover, based on our knowledge and understanding concerning the Company and its environment gained during the audit
on the separate financial statements prepared as at December 31, 2023, we are required to report if we have identified a
material misstatement of this Administrators’ report and the Remuneration report. We have nothing to report in this regard.
Other reporting responsibilities with respect to other information – Remuneration report
With respect to the Remuneration report, we read it to determine if it presents, in all material respects, the information
required by article 107, paragraphs (1) and (2) of Law 24/2017 regarding the issuers of financial instruments and market
operations, republished. We have nothing to report in this regard.
Responsibilities of Management and Those Charged with Governance for the Separate Financial Statements
8. Management is responsible for the preparation and fair presentation of the separate financial statements in accordance with
Ministry of Public Finance Order no. 2844/2016, with subsequent amendments , for the approval of accounting regulations
conforming with International Financial Reporting Standards and for such internal control as management determines is
necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud
or error.
9.
In preparing the separate financial statements, management is responsible for assessing the Company’s ability to continue as
a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting
unless management either intends to liquidate the Company or to cease operations, or has no realistic alternative but to do
so.
10. Those charged with governance are responsible for overseeing the Company’s financial reporting process.
Auditor’s Responsibilities for the Audit of the Separate Financial Statements
11. Our objectives are to obtain reasonable assurance about whether the separate financial statements as a whole are free from
material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable
assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with ISAs will always
detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if,
individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the
basis of these separate financial statements.
12. As part of an audit in accordance with ISAs, we exercise professional judgment and maintain professional skepticism
throughout the audit. We also:
•
•
•
•
Identify and assess the risks of material misstatement of the separate financial statements, whether due to fraud or
error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and
appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is
higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions,
misrepresentations, or the override of internal control.
Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are
appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the
Company's internal control.
Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related
disclosures made by management.
Conclude on the appropriateness of management’s use of the going concern basis of accounting and, based on the
audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant
doubt on the Company’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are
required to draw attention in our auditor’s report to the related disclosures in the separate financial statements or, if
such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to
the date of our auditor’s report. However, future events or conditions may cause the Company to cease to continue as
a going concern.
•
Evaluate the overall presentation, structure and content of the separate financial statements, including the disclosures,
and whether the separate financial statements represent the underlying transactions and events in a manner that
achieves fair presentation.
13. We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the
audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit.
14. We also provide those charged with governance with a statement that we have complied with relevant ethical requirements
regarding independence, and to communicate with them all relationships and other matters that may reasonably be thought
to bear on our independence, and where applicable, actions taken to eliminate threats or safeguards applied.
15. From the matters communicated with those charged with governance, we determine those matters that were of most
significance in the audit of the separate financial statements of the current period and are therefore the key audit matters.
We describe these matters in our auditor’s report unless law or regulation precludes public disclosure about the matter or
when, in extremely rare circumstances, we determine that a matter should not be communicated in our report because the
adverse consequences of doing so would reasonably be expected to outweigh the public interest benefits of such
communication.
Report on Other Legal and Regulatory Requirements
16. We were appointed by the General Meeting of Shareholders on April 27, 2023 to audit the separate financial statements of
Societatea Energetica Electrica S.A. for the financial year ended December 31, 2023. The uninterrupted total duration of our
commitment is 6 of years, covering the financial years ended December 31, 2018 and December 31, 2023.
We confirm that:
•
•
Our audit opinion is consistent with the additional report submitted to the Audit Committee of the Company that we issued
the same date we issued this report. Also, in conducting our audit, we have retained our independence from the audited
entity.
No non-audit services referred to in Article 5 (1) of EU Regulation no. 537/2014 were provided.
The engagement partner on the audit resulting in this independent auditor’s report is Razvan Ungureanu.
Report on compliance with Law no. 162/2017 on the statutory audit of annual financial statements and annual
consolidated financial statements and on amending other pronouncements (“Law 162/2017”), and Commission
Delegated Regulation (EU) 2018/815 on the European Single Electronic Format Regulatory Technical Standard (“ESEF”)
We have undertaken a reasonable assurance engagement on the compliance with Law 162/2017, and Commission Delegated
Regulation (EU) 2018/815 applicable to the separate financial statements included in the annual financial report of Societatea
Energetica Electrica S.A. as presented in the digital files which contain this audit report (“Digital Files”).
(I)
Responsibilities of Management and Those Charged with Governance for the Digital Files prepared in compliance with
ESEF
Management is responsible for preparing the Digital Files that comply with ESEF. This responsibility includes:
the design, implementation and maintenance of internal controls relevant to the application of ESEF;
ensuring consistency between the Digital Files and the separate financial statements to be submitted in accordance with
Ministry of Finance Order 2844/2016 for the approval of accounting regulations conforming with International Financial
Reporting Standards, with subsequent amendments.
Those charged with governance are responsible for overseeing the preparation of the Digital Files that comply with ESEF.
3
4
INDEPENDENT AUDITOR’S REPORT ON 2023 SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTINDEPENDENT AUDITOR’S REPORT ON 2023 SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORT
444
445
(II)
Auditor’s Responsibilities for the Audit of the Digital Files
Our responsibility is to express a conclusion on whether the separate financial statements included in the annual financial
report complies in all material respects with the requirements of ESEF based on the evidence we have obtained. We
conducted our reasonable assurance engagement in accordance with International Standard on Assurance Engagements
3000 (Revised), Assurance Engagements Other than Audits or Reviews of Historical Financial Information (ISAE 3000) issued
by the International Auditing and Assurance Standards Board.
Our firm applies International Standard on Quality Management 1 (“ISQM1”), and accordingly maintains a comprehensive
system of quality control including documented policies and procedures regarding compliance with ethical requirements,
professional standards and applicable legal and regulatory requirements.
A reasonable assurance engagement in accordance with ISAE 3000 involves performing procedures to obtain evidence about
compliance with ESEF. The nature, timing and extent of procedures selected depend on the auditor’s judgment, including the
assessment of the risks of material departures from the requirements set out in ESEF, whether due to fraud or error. A
reasonable assurance engagement includes:
obtaining an understanding of the Company’s process for preparation of the digital files in accordance with ESEF,
including relevant internal controls;
reconciling the digital files with the audited separate financial statements of the Company to be submitted in
accordance with Ministry of Finance Order 2844/2016 for the approval of accounting regulations conforming with
International Financial Reporting Standards, with subsequent amendments;
evaluating if the separate financial statements contained in the annual report have been prepared in a valid XHTML
format.
We believe that the evidence we have obtained is sufficient and appropriate to provide a basis for our conclusion.
In our opinion, the separate financial statements for the year ended 31 December 2023 included in the annual financial
report in the Digital Files comply in all materials respects with the requirements of ESEF.
Razvan Ungureanu, Audit Partner
For signature, please refer to the original
Romanian version.
Registered in the Electronic Public Register of Financial
Auditors and Audit Firms under AF 4866
On behalf of:
DELOITTE AUDIT SRL
Registered in the Electronic Public Register of Financial
Auditors and Audit Firms under FA 25
The Mark Building, 84-98 and 100-102 Calea Griviței, 9th Floor, District 1
Bucharest, Romania
March 5, 2024
5
INDEPENDENT AUDITOR’S REPORT ON 2023 SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORTINDEPENDENT AUDITOR’S REPORT ON 2023 SEPARATE FINANCIAL STATEMENTS2023 ANNUAL REPORT
446
447
2023 CONSOLIDATED
FINANCIAL STATEMENTS
(OMFP 2844/2016)
as at and for the year ended
31 December 2023
prepared in accordance with
OMFP no. 2844/2016
Free translation from Romanian,
which is the official and binding version
448
449
Contents
Consolidated statement of financial position
Consolidated statement of profit or loss
Consolidated statement of comprehensive income
Consolidated statement of changes in equity
Consolidated statement of cash flows
Notes to the consolidated financial statements
Basis of preparation
1.
2.
3.
4.
Reporting entity and general information
Basis of accounting
Functional and presentation currency
Use of judgments and estimates
Accounting policies
5.
6.
7.
Basis of measurement
Accounting policies
Disclosure for the additional set of the consolidated financial statements
Performance for the year
8. Operating segments
9.
Revenue
10.
Electricity, natural gas and merchandise purchased
11. Other income and expenses
12
Net finance result
13.
Earnings per share
Employee benefits
14
Short-term employee benefits
15.
Post-employment and other long-term employee benefits
16.
Employee benefit expenses
450
452
453
454
456
458
465
466
466
468
468
482
482
486
486
486
487
488
488
489
492
Income taxes
17.
Income taxes
Assets
18.
Trade receivables
19. Other receivables
20. Cash and cash equivalents
21.
Inventories
22. Property, plant and equipment
23.
Intangible assets
24.
Investments in associates
Equity and liabilities
25. Capital and reserves
26. Trade payables
27. Other payables
28. Provisions
29. Bank borrowings and overdrafts
Financial instruments
30. Financial instruments - Fair values and risk management
Other information
31.
Related parties
32. Contingencies
33. Commitments
34. Subsequent events
493
495
496
497
497
498
501
503
504
506
507
507
508
513
518
520
521
522
2023 CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016) 2023 CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016) 2023 ANNUAL REPORT2023 ANNUAL REPORT450
451
Note
31 December
31 December
2023
2022
Note
31 December
31 December
2023
2022
Non-current assets
Intangible assets related to concession arrangements
Intangible assets from the capitalization of own technological
consumption
Other intangible assets
Goodwill
Property, plant and equipment
Investments in associates
Other investments
Deferred tax assets
Other non-current assets
Right of use assets
Total non-current assets
Total active imobilizate
Current assets
Trade receivables
Subsidies receivable
Other receivables
Cash and cash equivalents
Inventories
Prepayments
Current income tax receivable
Assets held for sale
Total current assets
Total assets
EQUITY AND LIABILITIES
Equity
Share capital
Share premium
Treasury shares reserve
Pre-paid capital contributions in kind from shareholders
Revaluation reserve
Legal reserves
Retained earnings
Total equity attributable to the owners of the Company
Non-controlling interests
Total equity
(Continued on next page)
23
23
23
22
24
17
18
11
19
20
21
25
25
25
25
25
25
6,220,530
5,675,866
770,934
27,822
24,663
594,994
16,638
7,000
32,404
51,954
40,993
951,557
12,854
12,040
499,390
18,824
7,000
30,180
2,393
52,152
Liabilities
Non-current liabilities
Lease liability – long term
Deferred tax liabilities
Employee benefits
Other payables
Long-term bank borrowings
Total non-current liabilities
Current liabilities
Current portion of long-term bank borrowings
7,787,932
7,262,256
Lease liability – short term
Bank overdrafts
Trade payables
Other payables
Deferred revenue
Employee benefits
Provisions
Current tax liabilities
Total current liabilities
Total liabilities
17
15
27
29
29
29
26
27
14,15
28
29,143
244,666
151,358
37,161
794,348
34,462
212,555
117,269
72,432
647,193
1,256,676
1,083,911
523,294
14,052
2,851,221
1,671,478
1,035,084
7,837
120,548
41,167
13,924
6,278,605
7,535,281
113,520
19,211
2,571,037
1,407,097
867,536
24,750
114,174
53,701
1,129
5,172,155
6,256,066
Total equity and liabilities
13,542,830
11,623,312
The accompanying notes are an integral part of these consolidated financial statements.
Chief Executive Officer
Alexandru-Aurelian Chirita
Chief Financial Officer
Stefan Alexandru Frangulea
25 March 2024
2,540,442
2,614,535
93,832
377,215
115,659
12,935
-
280
2,466,002
1,280,788
127,253
334,887
113,972
13,874
24,000
280
5,754,898
4,361,056
13,542,830
11,623,312
3,464,436
103,049
(75,372)
7
159,536
449,363
1,906,981
6,008,000
(451)
3,464,436
103,049
(75,372)
7
92,117
429,583
1,353,942
5,367,762
(516)
6,007,549
5,367,246
CONSOLIDATED STATEMENT OF FINANCIAL POSITION (OMFP 2844/2016)AS AT 31 DECEMBER 20232023 ANNUAL REPORTCONSOLIDATED STATEMENT OF FINANCIAL POSITION (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AAS AT 31 DECEMBER 2023ELECTRICA S.A452
453
Note
2023
2022
Note
2023
2022
9,816,593
18,617
3,498,553
10,009,896
989,291
2,840,963
Profit for the year
Other comprehensive income
(9,057,976)
(10,506,809)
Items that will not be reclassified to profit or loss
9
11
10
23
16
22,23
18,19
11
12
12
24
17
Revenue
Capitalised costs of intangible non-current assets
Other income
Electricity, natural gas and merchandise purchased
Construction costs related to concession agreements
Employee benefits
Repairs, maintenance and materials
Depreciation and amortization
Impairment for trade and other receivables, net
Other operating expenses
Operating profit
Finance income
Finance costs
Net finance cost
Share of results of associates
Profit before tax
Income tax expense
Profit for the year
Profit for the year attributable to:
- owners of the Company
- non-controlling interests
Profit for the year
(976,436)
(962,065)
(95,218)
(723,721)
(75,820)
(431,399)
1,011,128
3,425
(297,220)
(293,795)
(593,490)
(823,422)
(88,229)
(533,987)
(112,311)
(352,971)
828,931
9,718
(174,713)
(164,995)
(39)
(13)
717,294
(96,914)
620,380
620,494
(114)
620,380
663,923
(105,078)
558,845
558,954
(109)
558,845
Revaluation of property, plant and equipment
Tax related to revaluation of property, plant and equipment
Re-measurements of the defined benefit liability
Tax related to re-measurements of the defined benefit liability
22
17
15
17
Other comprehensive income, net of tax
Total comprehensive income
Total comprehensive income attributable to:
- owners of the Company
- non-controlling interests
Total comprehensive income
The accompanying notes are an integral part of these consolidated financial statements.
620,380
558,845
85,510
(13,699)
(11,918)
1,907
61,800
-
-
9,503
(1,479)
8,024
682,180
566,869
682,294
(114)
682,180
566,978
(109)
566,869
Chief Executive Officer
Alexandru-Aurelian Chirita
Chief Financial Officer
Stefan Alexandru Frangulea
Earnings per share
Basic and diluted earnings per share (RON)
13
1.83
1.65
25 March 2024
The accompanying notes are an integral part of these consolidated financial statements.
Chief Executive Officer
Alexandru-Aurelian Chirita
Chief Financial Officer
Stefan Alexandru Frangulea
25 March 2024
CONSOLIDATED STATEMENT OF PROFIT OR LOSS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTCONSOLIDATED STATEMENT OF COMPREHENSIVE INCOME (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A-
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CONSOLIDATED STATEMENT OF CHANGES IN EQUITY (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 2023RAPORT ANUAL 2023CONSOLIDATED STATEMENT OF CHANGES IN EQUITY (OMFP 2844/2016)RAPORT ANUAL 2023ELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
456
457
Note
2023
2022
Note
2023
2022
Revaluation of property, plant and equipment recognized in profit or
lox, net
22
(2,081)
Cash flows from operating activities
Profit for the year
Adjustments for:
Depreciation
Amortisation
Capitalised costs of intangible non-current assets
Reversal of impairment of property, plant and equipment and
intangible assets, net
Loss on disposal of property, plant and equipment and intangible
assets
Impairment of trade and other receivables, net
Change in provisions, net
Net finance cost
Changes due to employee benefits
Share of loss of associates
Income tax expense
Changes in:
Trade receivables
Subsidies receivable
Other receivables
Prepayments
Inventories
Trade payables
Other payables
Provisions and employee benefits
Deferred revenue
Cash used in operating activities
Interest paid
Income tax paid
Net cash flow used in operating activities
(Continued on next page)
620,380
558,845
22
23
23
22,23
16,391
707,330
(18,617)
-
19,915
514,203
(989,291)
(5)
-
22,23
18,19
28
12
24
17
(82)
(393)
75,820
(12,534)
293,795
-
39
96,914
1,777,355
112,311
18,779
164,995
(4,358)
13
105,078
500,092
(309,158)
(1,286,734)
(1,333,747)
(1,280,788)
Cash flows from investing activities
Payments for purchases of property, plant and equipment
Payments for network construction related to concession
agreements
Payments for purchase of other intangible assets
Proceeds from sale of property, plant and equipment
Interest received
Acquisition of investments in associates
Payments for acquisition of subsidiaries, net of cash acquired
Payments for non-controlling interest acquired without change in
control
Net cash flow used in investing activities
Cash flows from financing activities
Proceeds from long-term bank borrowings
Proceeds from overdrafts
Repayment of long-term bank loans
Payment of lease liabilities
Dividends paid
Net cash generated from financing activities
(10,391)
(8,295)
23
(845,331)
(537,782)
(21,313)
232
3,270
(4,149)
(6,308)
(1,924)
(7,829)
614
2,847
(3)
(4,452)
-
(885,914)
(554,900)
742,658
271,943
(187,730)
(26,762)
(40,136)
759,973
42,328
334,887
-
377,215
217,561
1,900,371
(92,925)
(24,163)
(152,291)
1,848,553
113,057
(405,572)
627,402
334,887
24
29
29
25
20
20
20
5,636
939
(1,687)
244,355
110,399
28,545
(16,913)
505,724
(138,335)
(8,840)
(41,014)
494,611
722,407
(6,454)
15,088
Net increase in cash and cash equivalents
Cash and cash equivalents at 1 January
Reclassification of overdrafts previously presented as cash and
cash equivalents
Cash and cash equivalents at 31 December
The accompanying notes are an integral part of these consolidated financial statements.
(1,029,967)
TThe non-cash transactions are disclosed in Note 20.
(278,462)
(58,993)
(149,397)
(1,232)
168,269
(1,180,596)
Chief Executive Officer
Alexandru-Aurelian Chirita
Chief Financial Officer
Stefan Alexandru Frangulea
25 March 2024
CONSOLIDATED STATEMENT OF CASH FLOWS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTCONSOLIDATED STATEMENT OF CASH FLOWS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A458
459
1. Reporting entity and general information
(a) General information about the Group
These financial statements are the consolidated financial statements of Societatea Energetica Electrica S.A.
(“the Company” or “Electrica SA”) and its subsidiaries (together “the Group”) as at and for the year ended 31
December 2023.
The registered office of the Company is no. 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 31 December 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 a share of ownership 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. The shares traded on the London Stock Exchange are the
Subsidiary
Activity
registration
Head Office
% shareholding
code
Sole
Electrica Producție Energie
S.A.(“EPE”)
Electrica Energie Verde 1 SRL*
(“EEV1” – formerly Long Bridge
Milenium SRL)
Electricity generation
44854129
Bucuresti
99.9920%
Electricity generation
19157481
Bucuresti
100%*
Sunwind Energy S.R.L.
Electricity generation
New Trend Energy S.R.L.
Electricity generation
42910478
Constanta
42921590
Constanta
Green Energy Consultancy &
Investments S.R.L.
Electricity generation
29172101
Prahova
Foton Power Energy S.R.L.
Electricity generation
43652555
Constanta
60%
60%
75%
30%
global depositary receipts, one global depositary receipt representing four shares. The Bank of New York
*
Indirect ownership - Electrica Energie Verde 1 SRL is 100% owned by the subsidiary Electrica Furnizare S.A.
Mellon is the depositary bank for these securities.
As at 31 December 2023 the Company’s subsidiaries are the following:
** On 31.12.2023 the merger by absorption took place between Societatea Energetica Electrica SA (ELSA) as absorbing company and
Societatea Electrica Productie Energie SA (EPE), Electrica Energie Verde 1 SRL (EEV1) and Green Energy Consultancy & Investments SRL
(GECI) as absorbed companies.
Sole
As at 31 December 2023 and 31 December 2022, the Company’s associates are the following:
Subsidiary
Activity
registration
Head Office
% shareholding
Distributie Energie Electrica
Romania S.A. (“DEER”)
Electricity distribution in
geographical areas Transilvania
Nord, Transilvania Sud and
Muntenia Nord
code
14476722
Cluj-Napoca
99.99999929%
Electrica Furnizare S.A. (“EFSA”)
Electricity and natural gas supply
28909028
Bucuresti
99.9998444099934%
Electrica Serv S.A. (“SERV”)
Services in the energy sector
(maintenance, repairs,
construction)
Sunwind Energy S.R.L.
Electricity generation
New Trend Energy S.R.L.
Electricity generation
Foton Power Energy S.R.L.
Electricity generation
17329505
Bucuresti
99.99998095%
42910478
Bucuresti
42921590
Constanta
43652555
Constanta
100%
60%
60%
As at 31 December 2022 the Company’s subsidiaries are the following:
Subsidiary
Activity
registration
Head Office
% shareholding
Sole
Distributie Energie Electrica
Romania S.A. (“DEER”)
Electricity distribution in
geographical areas Transilvania
Nord, Transilvania Sud and
Muntenia Nord
code
14476722
Cluj-Napoca
99.99999929%
Associate
Activity
registration
code
Sole
Head
Office
% shareholding
% shareholding
as at 31
as at 31
December 2023
December 2022
Crucea Power Park
S.R.L.
Electricity generation
25242042
Constanta
40%
30%
Changes in Group structure during 2023
31 December 2022 the project was acquired 60%.
Sunwind Energy develops the photovoltaic project
Acquisition of shares in subsidies
“Satu Mare 2”, with an installed capacity of 27 MW. The
project is in the “ready-to-build” phase and is located
IOn 6 February 2023, Electrica completed the
in the vicinity of Botiz commune, Satu Mare county.
acquisition of Green Energy Consultancy &
Also, the Financing Contract was signed between
Investments S.R.L., having as main object of activity
Sunwind Energy SRL as the Beneficiary and the Ministry
the production of energy from photovoltaic sources.
of Energy as the coordinator of reforms and/or
Until 31 December 2022 the company was acquired
investments for the National Recovery and Resilience
75%. Green Energy Consultancy & Investments S.R.L.
Plan (NRRP).
develops the photovoltaic project “Vulturu”, with a
designed installed capacity of 12 MWp DC (peak power
On 31 July 2023, Electrica acquired an additional 30% of
at the panels level) and 9.75 MW AC (authorised power
the shares and voting interests in Foton Power Energy
for delivery into the grid), located near Vulturu locality,
S.R.L.,having as main object of activity the production
Vrancea county. The project is in the “ready-to-build”
of energy from photovoltaic sources. As a result, the
phase.
Group’s equity interest increased from 30% to 60%,
thus, Foton Power Energy S.R.L. becoming a subsidiary
Electrica Furnizare S.A. (“EFSA”)
Electricity and natural gas supply
28909028
Bucuresti
99.9998444099934%
On 24 March 2023, Electrica completed the acquisition
of Electrica Group. Foton Power Energy S.R.L. develops
Electrica Serv S.A. (“SERV”)
Services in the energy sector
(maintenance, repairs,
construction)
17329505
Bucuresti
99.99998095%
of Sunwind Energy S.R.L, which has as its main activity
the photovoltaic project “Bihor 1”, with a projected
production of energy from photovoltaic sources. Until
installed capacity of 77.5 MW, located near Oradea
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A460
461
Acquisition of shares in associates
and serves over 3.93 million users. It invoices the
amendment is introduced by Law no. 184/2018). The
Regarding the costs of electricity purchased for own
electricity distribution service to electricity suppliers
postponed green certificates will be reinserted starting
technological consumption (“NL”):
IOn 15 May 2023, Electrica acquired an additional 10%
(mainly to Electrica Furnizare S.A. subsidiary) which
from 1 January 2021, in equal monthly tranches until 31
of the shares and voting interests in Crucea Power Park
further invoices the electricity consumption to final
December 2030.
S.R.L.. As a result, the Group’s equity interest increased
consumers.
from 30% to 40%.
Electrica Furnizare S.A. is active on both the
(b) Regulations in the energy sector
Merger by absorption within the Group
competitive market and as the supplier of last resort
Regulatory environment
for approx. 3.4 million clients. Electrica Furnizare S.A.
On 20 December 2023, the Extraordinary General
holds an electricity supply license that covers the
The activity in the energy sector is regulated by the
• ANRE has the right to correct the projection
of distribution tariffs for a regulatory period
or for one year, if there have been significant
variations in prices on the electricity market,
which lead to an important change in
distribution service costs;
Meeting of the Company’s Shareholders (EGMS)
entire territory of Romania, which was extended in 2021
Romanian Energy Regulatory Authority.
• at the justified request of the Distribution
approved the merger by absorption between
for a period of 10 years. At the same time, Electrica
Operator, the regulated revenue of year t + 1
Societatea Energetica Electrica SA (“ELSA”), Societatea
Furnizare S.A. ensures the supply of electricity for
Some of the main responsibilities of ANRE are to
may include a cost adjustment of regulated
Electrica Productie Energie SA (“EPE”), Electrica Energie
household customers in a universal service regime. At
approve prices and tariffs and to issue substantiation
network losses (“NL”) forecast for year t + 1, by
Verde 1 SRL (“EEV1”) and Green Energy Consultancy &
the same time, it also holds a license for carrying out
methodologies used to set regulated prices and tariffs.
changing the reference price, depending on
Investments SRL (“GECI”) (together the „Companies”)
the activity of natural gas supply, valid until 2032. In
and the participation of the Companies in the merger,
2023, Electrica Furnizare S.A. was designated supplier
Electricity distribution
with Societatea Energetica Electrica SA as absorbing
of last resort („FUI”) for electricity in May and October,
the evolution of prices on the electricity market
and the result of the analysis of the evolution of
tariffs for the current regulatory period.
company, Electrica Productie Energie SA, Electrica
and for natural gas it was nominated supplier of last
In 2019, a new regulatory period began, governed
Energie Verde 1 SRL and Green Energy Consultancy
resort in April and November 2023.
by the provisions of ANRE Order no. 169/2018 for the
In 2022, according to the Government’s emergency
& Investments SRL as absorbed companies, with the
approval of the Methodology for establishing the tariffs
ordinance (GEO) no. 119/2022, the additional costs for
effective date of the merger being 31 December 2023.
Through the acquisition of the new subsidiary Electrica
for the electricity distribution service (IV regulatory
purchased electricity (determined as the difference
Group’s main activities
S.R.L.) as of 31 August 2020, establishment of a new
legal entity Electrica Productie Energie S.A. and also
Energie Verde 1 S.R.L. (formerly Long Bridge Milenium
period: 2019-2023).
The following items are considered by ANRE
1 January 2022 and 31 August 2023, in order to cover
between the realized costs and the costs included
in the approved distribution tariffs), made between
The activities of the Group include operation and
the five shares sales and purchase agreements in
when setting the target revenue for one year
the own technological consumption, compared
construction of electricity distribution networks and
five project companies having as main activity the
of the regulatory period: controllable and non-
to the costs included in the tariffs regulated (and
electricity and natural gas supply to final consumer
production of energy from renewable sources the
controllable operating and maintenance costs;
not only borrowings), are capitalized quarterly and
as well as energy production from renewable sources.
Group entered on the electricity generation segment,
costs of electricity purchased for own technological
remunerated with 50% of the regulated rate of
The Group is the electricity distribution operator
in particular from renewable sources. Currently, one
consumption (related to distribution network);
return (RRR) approved by ANRE, applicable during
and the main electricity supplier in Muntenia Nord
of the project companies has been absorbed through
regulated depreciation charge; the return on the
the amortization period of the respective costs and
area (Prahova, Buzau, Dambovita, Braila, Galati and
merger by the parent company where a photovoltaic
regulated assets base (“RAB”); revenues from reactive
are recognized as a distinctive component in the
Vrancea counties), Transilvania Nord area (Cluj,
park with a capacity of 12 MW is being developed.
energy and revenues from other activities, as well as
regulated tariffs, called the component related to
Maramures, Satu Mare, Salaj, Bihor and Bistrita
corrections from previous periods.
Nasaud counties) and Transilvania Sud area (Brasov,
Through the merger that took place on 31 December
additional costs with NL. Also, ANRE elaborated the
Methodological norms regarding the recognition in
Alba, Sibiu, Mures, Harghita and Covasna counties),
2023 between the parent company and its former
Starting with 13 May 2020, the regulated rate of return
the tariffs of the additional costs with the acquisition of
operating with transformation station and 0.4 kV to 110
subsidiary, Electrica Energie Verde 1 S.R.L., Electrica
(„RRR”) of RAB is 6.39% to which is added:
electricity for covering the network losses compared to
kV power lines.
SA became a producer of electricity from renewable
sources that operates a photovoltaic park in Stanesti,
The Company’s distribution subsidiary, Distributie
Giurgiu county, with an installed capacity of MW
Energie Electrica Romania S.A. which resulted
7.5 (operating capacity limited MW to 6.8). In 2023
from the merger through absorption of the three
the operation of the plant was continuous, with no
distribution subsidiaries Societatea de Distributie a
significant events leading to production shutdowns,
Energiei Electrice Transilvania Nord S.A., Societatea
producing in total MWh 9,599 (2022: MWh 10,466).
de Distributie a Energiei Electrice Muntenia Nord S.A.
According to Law no. 220/2008 and based on the
and Societatea de Distributie a Energiei Electrice
accreditation issued by ANRE, Stanesti park receives
Transilvania Sud S.A. now operates electric lines in
a number of 6 green certificates (“GC”) for each MWh
18 counties, from three geographical areas of the
produced and delivered, of which until 2020, 4 GC
country, representing 40.7% of the Romanian territory,
were issued for trading and 2 GC were postponed (the
• 1% incentive for new investments in RED,
approved by ANRE;
• 2% incentive for investments in the electricity
distribution network financed from own funds in
projects in which European non-reimbursable
funds are also attracted, if the investments are
performed and put into function by operators
after 1 February 2021, approved by ANRE;
• 1% incentive for investments in projects of
common interest (PIC), approved by ANRE.
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. Law no.
357/2022 regarding the approval of GEO no. 119/2022
provides for the capitalization of additional costs with
the purchase of electricity made between 1 January
2022 and 31 March 2025.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A462
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According to the Government’s Emergency Ordinance
changes, except the capitalised costs with own
Competitive market
(“GEO”) no. 153/2022 during the period 1 January 2023 –
technological consumption. The difference between
• The obligation to store natural gas was
calculated by ANRE according to two criteria:
31 March 2025 is established the centralized electricity
the purchase price of electricity for own technological
Transactions on the competitive wholesale market
the obligation of all suppliers to store a quantity
purchasing mechanism, OPCOM being designated
consumption versus the ex-ante purchase price
are transparent, public, centralised and non-
of gas that covers 90% of Romania’s storage
the sole purchaser. The distribution operators (“OD”)
recognized by ANRE in the related regulated tariffs
discriminatory. Participants to the wholesale market
capacity and the market share that each
will buy from OPCOM through an annual/monthly
2022 related to the purchase of electricity and
can trade electricity based on the bilateral contracts
supplier has had it in 2022;
mechanism at least 75% of the quantity forecasted
natural gas, made between 1 January 2022 and 31
concluded on the dedicated markets.
and validated by National Authority for Energy
March 2025, in order to cover the own technological
• The obligation of natural gas producers to sell
Regulation (“ANRE”) at the price of 450 RON/MWh,
consumption (NL) for economic operators for energy
The following support mechanisms have been put in
at the price of 150 RON/MWh the necessary
and the producers will sell to OPCOM through annual/
transport and distribution services are capitalised.
place:
monthly mechanism 80% of the quantity forecasted
These are recognized as a distinctive component in
quantities to the suppliers of domestic
customers/heat energy producers.
and validated by ANRE and Transelectrica at the price
the regulated tariffs, named component related to
• compensation of household consumers for part
of 450 RON/MWh.
additional network losses costs. Also, law no. 357/2022
of the costs incurred by the electricity invoices
• The mechanism provides - OPCOM, as sole
In 2023 ANRE amended the Methodology for setting
the capitalization of additional costs with the purchase
(electricity producers with an installed power
tariffs for the electricity distribution service, by ANRE
of electricity made between 1 January 2022 and 31
• capping the selling price for household and
equal to or greater than 10 MW) and sells the
regarding the approval of GEO no. 119/2022 provides for
(1 November 2021 until 31 March 2022);
acquirer, buys electricity from producers
Order no. 79/2023 (Order) and defined 2024 as the
March 2025.
transition period from the fourth regulatory period
(PR4) to the fifth regulatory period (PR5). Thus, for DEER,
Electricity and natural gases supply
in 2024 the zonal distribution tariffs established on
non-household consumers (1 November 2021 –
purchased electricity to electricity suppliers
31 March 2025);
that have contracts with final customers, the
transmission system operator electricity and
• exemption (1 November 2021 until 31 January
distribution system operators electricity to
the basis of a single regulated revenue and single NL
The regulatory framework has undergone significant
2022) of several types of non-household
cover their own technological consumption; the
targets for the total DEER are maintained.
changes over the past decade, including the
consumers from payment of regulated tariffs
price paid by OPCOM to electricity producers,
Tariff adjustments
the separation of supply and distribution activities, the
liberalization of electricity and natural gas markets,
and other taxes/contributions.
for the quantities of electricity sold by them
is 450 RON/MWh and the sale price of OPCOM
implementation of the support scheme for renewable
The amounts compensated will be received from the
to the economic operators is also 450 RON/
Annually, ANRE makes revenue corrections due to:
energy, the support of electricity prosumers and the
National Agency for Payments and Social Inspection
MWh (OPCOM has the right to charge market
change in the quantities of electricity distributed
capping of prices to final customers.
for household consumers and a from the Ministry of
participants tariffs/commissions at the level of
compared to the forecast; change in quantities and
Energy for non-household consumers. (for further
costs recorded by organizing the centralized
acquisition price for the regulated own technological
In 2022 the electricity market was completely
details please refer to Note 18).
consumption compared to the forecast; the annual
liberalized for all categories of customers and the
electricity purchase mechanism); In order to
carry out the transactions, OPCOM shall organize
change in controllable operating and maintenance
price was established by suppliers through free market
Over 2023, several changes have been brought to the
an annual procurement procedure as well as an
costs, realized and accepted against the forecast;
mechanisms, both for universal service offers and for
legislation, having a significant impact on the supply of
additional procurement procedure each month
annual change in uncontrollable operating and
the offers related to the competitive market.
electricity, as follows:
maintenance costs compared to the forecast;
changes in revenues from reactive energy compared
Regulated market
to the forecast; failure to meet/exceeding the
• Price capped for electricity for household and
electricity quantities are firm obligations of
non-domestic customers according to GEO no.
electricity producers and economic operators
for the quantities of electricity to be delivered
in the following month; annual and monthly
approved investments programme; revenues
Starting with 1 November 2021, in the context of the
27/2022, with subsequent amendments and
and are evenly distributed across all settlement
generated from other operations made by the
increase in prices for the electricity and natural gas
additions
distribution operator and the quantity of electricity
markets at international and national level, the energy
intervals each month (contracts are concluded
by signing, within maximum 3 working days.
recovered from recalculations.
crisis, as well as the effects caused by these increases
• The limitation of the average purchase price
among the population, in Romania, a series of support
considered for determining the amounts to
The categories of customers to whom the electricity
The regulator establishes through the regulated
measures for electricity and natural gas customers
be recovered from the state budget initially to
price capped applies in 2023:
income and tariffs for the following year taking into
have been applied, by establishing compensation and
1,300 RON/MWh; and currently at 900 RON/MWh
account the justified corrections presented above,
capping schemes between 1 November 2021 and 31
(according to Law no. 206/2023, which approves
• household customers (tranche <100 KWh/
which are added algebraically to the income for the
March 2025.
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
GEO 153/2022), except of the purchase intended
month - maximum price 0.68 lei/KWh, tranche
for supply as a last resort, where this limitation
100-300 KWh/month - with the distinct estimate
does not apply;
of the volume exceeding 255 KWh/month -
respectively the price level capped at 0.800 lei/
KWh and with a maximum price of 1.3 lei/KWh.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A464
465
• non-household customers - divided separately
it started injecting electricity into the network), for a
According to EGO 119/2022 and ANRE regulations, the
The Group actively reviews and implements policies
into the category of customers benefiting
period of 15 (fifteen) years, 6 (six) green certificates
capitalised costs of intangible non-current assets are
and strategies to recover from the loss generated by
from capping for 85% of consumption with
for each MWh of electricity produced and delivered
recorded in the accounting records and therefore on
the increase in energy price, strategies which mainly
a price capped at 1 leu/KWh, category of
to the grid, out of which, for the period 1 July 2013 – 31
the annual financial statements according to OMFP
aim in revising the method of generating the selling
customers benefiting from capping for 100% of
December 2020, according to Law 23/2014 and Law
2844/2016 with the instructions developed by the
price for final consumers, concluding agreements
consumption, price capped at 1 leu/KWh and the
184/2018, 2 (two) green certificates were postponed
Ministry of Finance. ANRE will determine the recognized
with specific clauses ensuring new financing facilities,
rest of the companies at a maximum price of
from trading. Those two GC postponed from trading
annual amounts of the capitalized costs based on
closely monitoring suppliers and consumers payment
1.300 lei/KWh.
are to be recovered in equal monthly tranches starting
the quantities and prices recognized for NL, and by 15
terms, monitoring daily cash flow and forecasted
from 1 January 2021 until 31 December 2030.
March of the year immediately following the year of
cash flow. The Group continues to closely monitor the
The categories of customers to whom the natural gas
capitalization of the additional costs, ANRE will transmit
macroeconomic outlook and as additional information
price capped applies in 2023:
The green certificates issued by Transelectrica for the
to the distribution operators the recognized annual
will be available, their effects on the activity of Group
production made by the Stanesti photovoltaic park,
amounts of the capitalized costs for the previous
companies and over the financial results will be
• household customers – the maximum price is
during the validity period of the accreditation decision
year. The computation of the capitalized amounts is
analyzed.
capped at 0.310 lei/KWh;
issued by ANRE, can be traded, according to GEO
carried out in compliance with the legislation specific
24/2017, until 31 March 2032, respectively including the
to the entities that are the subject of GEO 119/2022, with
Geopolitical tensions
• non-household customers - the maximum
period after the expiration of the validity period of the
subsequent additions and changes.
price is capped at 0.370 lei/KWh for an annual
accreditation decision (31 January 2028 in the case of
In February 2022 global geopolitical tensions
consumption of up to 50 GWh.
the Stanesti photovoltaic park).
The changes brought by EGO 119/2022 are changes the
significantly escalated following military interventions
recuperation of the additional cost of NL by splitting it
in Ukraine by the Russian Federation. As a result
The compensated amounts are settled by the National
Increase in Energy price impact
in current operating expenses (“OPEX”) and capitalised
of these escalations, economic uncertainties in
Agency for Payments and Social Inspection („ANPIS”)
costs (“CAPEX”), there is a portion of unit costs
energy and capital markets have increased, with
for household consumers and by the Ministry of Energy
The regulatory framework in the electricity sector has
recuperated at cost at 450 RON/MWh (ex-ante tariffs
global energy prices expected to be highly volatile
for non-household consumers.
undergone significant changes in the last decade,
recognition) and for the difference above this level
for the foreseeable future. As at the date of these
regarding the total liberalization of the electricity and
of 450 RON/MWh up to the effective average price,
consolidated financial statements, management
Green certificates
natural gas market, the implementation of the support
recognized by ANRE, there is a linear depreciation over
is unable to reliably estimate the effects on the
Electricity suppliers have a legal obligation to purchase
consumers, the limitation of prices for final consumers
of Return (RRR). These changes are also applicable to
consequence on the business, operations, and
scheme for renewable energy, the support of electricity
5 years stipulated with return at 50% of Regulated Rate
Groups financial outlook and cannot exclude adverse
green certificates from producers of electricity from
and the capitalization of additional costs with own
the year 2023.
For the supply segment, both in 2023 and in 2022 the
and growth of the Group’s business in the current
financial position. Management believes it is taking all
the necessary measures to support the sustainability
renewable sources, based on annual targets or
technological consumption.
quotas set by law, which are applied to the quantity of
electricity purchased and supplied to final consumers.
As a result, for the distribution segment,
effect of retail prices for electricity was covered as
circumstances and that judgements used in these
The cost of green certificates is invoiced to final
Romanian Regulatory Authority for Energy – ANRE
grants received from the state authorities, as a result
financial statements remain appropriate.
consumers separately from the tariffs for electricity.
(https://www.anre.ro/) has to adopt similar measures
of the application of the mechanism of capping the
Electricity generation
Green certificates
through its Order 129/12.10.2022 approving the
prices for electricity and natural gas, as a result of the
2 Basis of accounting
Methodological Norms regarding the recognition in
application of Ordinance 27/2022, with subsequent
the tariffs of the additional costs with the acquisition of
amendments and additions. The implementation
These annual consolidated financial statements
electricity for covering the network losses compared to
method of these schemes and the settlement
have been prepared in accordance with OMFP no.
the costs included in the regulated tariffs, carried out
mechanism of the amounts granted as support to
2844/2016. The consolidated financial statements were
Producers of electricity from renewable energy sources
between 1 January 2022 – 31 March 2025.
clients, ex post from the state budget to the electricity
authorized for issue by the Board of Directors on 05
(RES) have the right, according to Law no. 220/2008,
suppliers, have generated constraints in terms of cash
March 2024 and will be submitted for shareholders’
to receive a certain number of green certificates,
This change in energy sector has generated last
flow, as well as uncertainties regarding the recovery
approval in the meeting scheduled on 25 April 204.
depending on the technology used (for example:
year a new reporting requirement for an accounting
the full amount of the respective amounts by the
hydraulic, wind, solar, geothermal, biomass, bioliquids,
treatment in place to cover own technological
suppliers. In this context, EFSA has adapted its medium
These consolidated financial statements are not in
biogas), for each MWh produced and delivered to the
consumption and it was updated in the OMFP
and long-term strategy, so as to manage the impact
compliance with IFRS-EU.
network and for a certain period of time, depending on
2844/2016 i.e. it now allows the capitalization of
of these measures on the company’s activities in a
the degree of novelty of the group/power plant.
such additional costs related to own technological
responsible and sustainable manner in the context
Starting with the consolidated financial statements
consumption („NL”) as intangible asset which has to
of a regulatory framework that has seen numerous
as at and for the year ended 31 December 2022
Starting from February 2013, the Stanesti photovoltaic
be depreciated linearly over next 5 years (please see
successive and major changes in the recent period.
the Group’s financial statements prepared in
park has the right to receive (the month from which
note 6 and 23).
accordance with the Order of Ministry of Public
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A466
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Finances 2844/2016 included the capitalization of
Revenue recognition
The control or regulation referred to in condition (a)
(b) Assumptions and estimation uncertainties
the additional costs with the purchase of electricity
could be by contract or otherwise (such as through a
made between 1 January 2022 and 31 March 2025, in
The Group assesses its revenue arrangements
regulator). The activities of the electricity distribution
Information about assumptions and estimation
order to cover the own technological consumption
based on specific criteria to determine if it is acting
operators, including distribution tariffs, are regulated
uncertainties that may result in a material adjustment
(NL) for economic operators for energy transport and
as a principal or an agent. The Group has identified
by ANRE.
in the subsequent twelve-month period is included in
distribution services, which is capitalized quarterly,
that it acts in the capacity of an agent in case of
the following notes:
the first asset (intangible asset) being registered on
transactions as Balancing Responsible Party (“BRP”)
The concession contracts are concluded for a period
30 September 2022. Order of the Ministry of Public
and thus recognises revenue as the net amount of
of 49 years and may be extended for a period equal
• Note 6 d) – assumptions regarding recognition
Finance (OMFP) no. 3900/2022 was issued and brings
the commission earned by the Group. The Group
to no more than half of that period. As a price for the
of revenue from supply and distribution of
additional accounting specifications to the accounting
concluded that it is acting as a principal in all other
concession, the operators pay an annual royalty fee
electricity to consumers based on estimates for
regulations in force at OMFP no. 2844/2016, which
revenue arrangements.
recognized in the distribution tariff of 1/1000 of the
electricity delivered and for which no reading
provided for the financial-accounting treatment
revenues from electricity distribution. According to the
was performed yet;
applied to the additional costs not recovered
Service Concession Arrangements
concession contracts, the operators use the assets
through the tariff related to the own technological
representing the distribution network owned by them
• Notes 18 and 30 – assumptions and estimates
consumption of the distribution operators (OD).
The distribution subsidiaries (as operators) that
located in the above-mentioned territory for electricity
about measurement of the allowance for trade
The Group has consistently applied the accounting
December 2020 concluded concession contracts with
grantor will buy at the end of the term of concession
(ECL), respectively in determining the loss rates;
policies to all periods presented in these consolidated
the Ministry of Economy (as grantor) in 2005, updated
contract the ownership right of the „relevant assets”,
financial statements. Details of the Group’s accounting
by subsequent addendums. These contracts concern
that are mainly the electricity distribution networks, at
• Note 22 - assumptions regarding the revalued
policies are included in Note 6.
the operation of electricity distribution service in the
a price equal to the value of the regulated assets base
value of tangible assets;
merged into one single distribution operator as of 31
distribution. According to the concession contracts, the
receivables at the level of expected credit losses
established territory (Transilvania Nord, Transilvania
at the end of the concession.
3 Functional and presentation currency
Sud, Muntenia Nord), on the risk and responsibility
• Notes 28 and 32 – recognition and measurement
These consolidated financial statements are
regulations applicable to the operation, modernization,
expenditure in relation to the development and
presented in Romanian Lei (RON), which is the
rehabilitation and development of energy distribution
maintenance of the infrastructure. The construction
• Note 18 – assumptions and estimates of
functional currency of all Group companies. All
networks specified in the Electricity Law, the terms and
works are either outsourced by the Group to sub-
amounts to be received from the state following
amounts have been rounded to the nearest thousand,
conditions of the licenses for electricity distribution
contractors, or performed internally. Significant
the application of the compensation and
unless otherwise indicated.
and the regulations issued by ANRE. The distribution
management judgment is involved in accounting for
capping scheme.
of the operators and taking into account the
Within the arrangements, the Group incurs significant
of provisions and contingencies;
operator resulting from the merger of the three
the concession arrangements under IFRIC 12, including
4 Use of judgements and estimates
distribution operators within the Group, Distributie
those in respect of the recognition of revenue based
Measurement of fair values
Energie Electrica Romania concluded addendums to
on the separation of construction or upgrade services
In preparing these consolidated financial statements,
the concession agreements signed with the Ministry
from operation services.
management has made judgements, estimates
of Economy for the operation of electricity distribution
A number of the Group’s accounting policies and
disclosures require the measurement of fair values, for
and assumptions that affect the application of the
service in all three areas.
The concessionaires act as service suppliers (they
both financial and non-financial assets and liabilities.
Group’s accounting policies and the reported amounts
build, modernize and maintain the distribution
of assets, liabilities, income and expenses. Actual
IFRIC 12 “Service Concession Arrangements” deals with
network). This results in revenues and expenditures
When measuring the fair value of an asset or a liability,
results may differ from these estimates. Estimates
public-to-private service concession arrangements.
being recognized in the profit and loss account
the Group uses market observable data as far as
and underlying assumptions are reviewed on an
IFRIC 12 applies to public-to-private service concession
(related to the construction and modernization of
possible. Fair values are categorised into different
ongoing basis. Revisions to estimates are recognised
arrangements if:
infrastructure), as well as of a margin resulting from
levels in a fair value hierarchy based on the inputs
rendering the construction services established by
used in the valuation techniques as follows:
(a) the grantor controls or regulates what services the
the Group. Starting with 30 June 2023, the Group
operator must provide with the infrastructure, to
reassessed the margin applied and a margin of 4.35%
• Level 1: quoted prices (unadjusted) in active
whom it must provide them, and at what price; and
is applied for period 01 January 2023 – 31 December
markets for identical assets or liabilities, which
Information about judgements made in applying
2023, based on the Group’s experience in working
the Group can access;
accounting policies that have the most significant
(b) the grantor controls - through ownership,
with external contractors. Until 31 December 2022, the
effects on the amounts recognised in the consolidated
beneficial entitlement or otherwise - any
margin applied was 3%, as presented in the annual
• Level 2: inputs other than quoted prices included
financial statements is included below.
significant residual interest in the infrastructure at
consolidated financial statements as at and for the
in Level 1 that are observable for the asset or
the end of the term of the arrangement.
year ended 31 December 2022.
liability, either directly (i.e. as prices) or indirectly
(i.e. derived from prices);
prospectively.
(a) Judgements
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A468
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• Level 3: inputs for the asset or liability that
including RON 2,736,419 thousand overdraft limits
(b) Basis of consolidation
are not based on observable market data
and RON 2,225,063 thousand long term loans
(unobservable inputs).
limit;
(i) Subsidiaries
investment to the extent of the Group’s interest in the
investee. Unrealized losses are eliminated in the same
way as unrealized gains, but only to the extent that
there is no evidence of impairment.
If the inputs used to measure the fair value of an
• The utilization of not yet confirmed facilities,
Subsidiaries are entities controlled by the Group. The
asset or a liability might be categorised in different
overdrafts amounting to RON 574,111 thousand
Group controls an entity when it is exposed to, or has
(c) Business combinations
levels of the fair value hierarchy, then the fair value
which will be drawn during the forecast period
rights to, variable returns from its involvement with
measurement is categorised in its entirety in the same
and of which RON 250,000 thousand will be
the entity and has the ability to affect those returns
Acquisitions of businesses are accounted for using
level of the fair value hierarchy as the lowest level input
reimbursed during the forecast period.
through its power over the entity. Subsidiaries are
the acquisition method. The consideration transferred
that is significant to the entire measurement.
included in the consolidation perimeter from the
in a business combination is measured at fair value,
At the date of issuance of these consolidated financial
date that control commences until the date on which
which is calculated as the sum of the acquisition-date
The Group recognises transfers between levels of the
statements the regulatory position may be further
control ceases.
fair value hierarchy at the end of the reporting period
amended and there may be further laws enacted
during which the change has occurred.
which could adversely impact the Groups operating
(ii) Loss of control
cash flows during the forecast period. Given the
fair values of assets transferred by the Group, liabilities
incurred by the Group to the former owners of the
acquiree and the equity interest issued by the Group
in exchange for control of the acquiree. Acquisition-
Further information about the assumptions made in
current market uncertainties, the Group is closely
On the loss of control, the Group derecognizes the
related costs are recognised in profit or loss as
measuring fair values is included in the following notes:
monitoring the market context and is continuously
assets and liabilities of the subsidiary, any non-
incurred.
• Note 30 – Financial instruments;
and increase of bank overdrafts and long-term loans.
equity related to the subsidiary. Any surplus or deficit
(d) Revenue
In light of the importance of the Group as the supplier
arising on the loss of control is recognized in profit or
analysing the opportunities for optimisation of debt
controlling interests and the other components of
• Note 22 – Property, plant and equipment.
and distributed of electricity on the Romanian market,
loss. If the Group retains any interest in the previous
Revenue is recognized when or as the customer
5 Basis of measurement
having 39.7 % (according to the latest ANRE report
2022 for the distribution segment) as market share
on the electricity distribution and 17.72 % (according
subsidiary, then such interest is measured at fair
acquires control over the goods or services rendered,
value at the date that control is lost. Subsequently
at the amount which reflects the price at which the
that retained interest is accounted for as an equity-
Group is expected to be entitled to receive in exchange
The consolidated financial statements have been
to the latest ANRE report October 2022 for the supply
accounted investee or as an available-for-sale
of those goods or services. Revenue is recognized
prepared on the historical cost basis except for the
segment) as market share on the electricity supply
financial asset depending on the level of influence
at the fair value of the services rendered or goods
land and buildings which are measured based on the
market and having as main shareholder of Electrica
retained.
delivered, net of VAT, excises or other taxes related to
revaluation model.
6 Accounting policies
(a) Going concern
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.
(iii) Non-controlling interests
the sale.
Supply and distribution of electricity
The Group measures any non-controlling interests
in the subsidiary at their proportionate share of the
The revenue from supply and distribution of electricity
subsidiary’s identifiable net assets.
to consumers is recognized when electricity is
The consolidated financial statements have been
Based upon the above projections and other
delivered to consumers (consumed by consumers),
prepared on the going concern basis. In making this
information, given the measures already implemented
Changes in the Group’s interest in a subsidiary that
based on meter readings and based on estimates
judgement management considers current trading
and the strategies to reduce the risks which may occur
do not result in a loss of control are accounted for as
for electricity delivered and for which no reading
performance and access to finance resources. The
due to the instability of the economic environment,
equity transactions. Adjustments to non-controlling
was performed yet. The invoicing of electricity sales
Group has prepared a forecast that includes the
the Board of Directors has, at the time of approving
interests are based on a proportionate amount of the
is performed on a monthly basis. Monthly electricity
following assumptions:
the consolidated financial statements, a reasonable
net assets of the subsidiary.
expectation that the Group has adequate resources to
invoices are based on meter readings or on estimated
consumptions based on the historical data of each
• A continuation of the support scheme until
continue in operational existence for the foreseeable
(iv) Transactions eliminated on consolidation
consumer. Electricity supplied to consumers which is
31 March 2025 according to the applicable
future. Thus they continue to adopt the going concern
not yet billed as at the reporting date is accrued on
legislation but with a more stable flow of
basis of accounting in preparing the consolidated
Intra-group balances and transactions, and any
the basis of recent average consumption or based
repayments of the reimbursement requests for
financial statements.
subsidies as compared with last year, as the
mechanism has been operationally improved;
unrealized income and expenses arising from intra-
on subsequent meter readings. Differences between
group transactions, are eliminated in preparing the
estimated and actual amounts are recorded in
consolidated financial statements.
subsequent periods.
• The renewal of confirmed debt facilities is
planned up to a limit of RON 4,961,482 thousand,
Unrealized gains arising from transactions with equity-
Revenues from electricity distribution and supply also
accounted investees are eliminated against the
include the cost of green certificates recharged by the
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A470
471
Group to final consumers (see paragraph (k)).
certificates can be sold on the spot market, term
(e) Other income
(ii) Defined benefit plans
market or a combination of both. The selling price
The Group acts in the capacity of an agent in case of
must fall between the minimum and maximum values
Revenues from the subsidies
The Group’s net obligation in respect of defined
transactions as Balancing Responsible Party (“BRP”).
set by Law no. 220/2008 for establishing the system for
benefit plans is calculated separately for each plan
Thus, in its quality as an agent, the Group recognizes
promoting the production of electricity from renewable
Revenues from subsidies are recognised in profit or
by estimating the amount of future benefit that
revenue for the commission earned in exchange for
energy sources, republished, with subsequent
loss on a systematic basis over the periods in which
employees have earned in the current and prior
facilitating the transfer of goods or services. Any holder
amendments. Revenue from green certificates is
the Group recognises as expenses the related costs
periods, discounting that amount.
of a production/supply/distribution license must be
recognized in the profit or loss statement when the
for which the grants are intended to compensate,
established as a Balancing Responsible Party or must
green certificates are sold on the trading market.
as a result of the application of the electricity price
The calculation of defined benefit obligations is
delegate this responsibility to a Balancing Responsible
cap. These subsidies are recoverable from the
performed annually by a qualified actuary using the
Party. By delegating this responsibility to a BRP, there is
Service concession arrangement
National Agency for Payments and Social Inspection
projected unit credit method.
the benefit of imbalance aggregation in the meaning
for household consumers and from the Ministry of
of Balancing Market cost reduction by comparison
Revenue related to construction or upgrade services
Energy for non-household consumers, as a result of
Re-measurements of the net defined benefit liability,
with the case where the producer/supplier/distributor
under service concession arrangement is recognised
the application of the electricity and natural gas price
which comprise actuarial gains and losses, are
would act itself as a Balancing Responsible Party.
based on the stage of completion of the work
ceiling mechanism and are applicable for period 1
recognised immediately in other comprehensive
performed, consistent with the accounting policy on
November 2021 – 31 March 2025. Starting with April
income. The Group determines the net interest
Electrica Furnizare S.A. acts as BRP for a large number
recognising revenue on construction contracts, as
2022, the revenues from subsidies are recorded as
expense/(income) on the net defined benefit liability
of participants, electricity producers as well as
follows:
electricity suppliers and distribution operators. For
the difference between the income calculated at
for the period by applying the discount rate used
the contract price and the income invoiced to the
to measure the defined benefit obligation at the
the settlement of imbalances, BRP Electrica is using
• Revenue in respect of variations to contracts
customer at the capped price.
beginning of the annual period to the then-net defined
the “method of internal redistribution of payments”,
and incentive payments is recognised when
benefit liability, taking into account any changes in the
ensuring benefits of imbalance aggregation for all
there is an enforceable right to payment and
(f) Finance income and finance costs
net defined benefit liability during the period as a result
the participants included in the BRP. BRP Electrica
it is highly probable it will be agreed by the
of contributions and benefit payments. Net interest
provides the transmission of physical notifications to
customer. Variable consideration is assessed
The Group’s finance income and finance costs include:
expense and other expenses related to defined benefit
CNTEE Transelectrica SA and its role is to balance the
on a contract by contract basis according to
plans are recognised in profit or loss.
differences between the electricity contracted and the
the facts, circumstances and terms of each
• interest income;
electricity measured at the level of the entire BRP.
project and only recognised to the extent that
it is highly probable not to significantly reverse
• interest expense;
Generation and sale of electricity
in the future. Revenue in respect of claims is
recognised only if it is highly probable not to
The electricity produced by the Group is mainly sold on
reverse in future periods.
the Day Ahead Market and the revenue is recognized
• foreign currency gains or losses on financial
curtailment is recognised immediately in profit or
assets and financial liabilities;
loss. The Group recognises gains and losses on
the settlement of a defined benefit plan when the
When the benefits of a plan are changed or when
a plan is curtailed, the resulting change in benefit
that relates to past service or the gain or loss on
when the electricity is injected into the network and is
• If the outcome of a construction contract can
• impairment losses recognised on financial
settlement occurs.
being sold on the market.
be estimated reliably, then contract revenue is
recognised in profit or loss in proportion to the
assets (other than trade receivables).
(iii) Other long-term employee benefits
Sale of green certificates
stage of completion of the contract. The stage of
Interest income or expense is recognised using the
Electricity suppliers have a legal obligation to purchase
of work performed. Otherwise, contract revenue
green certificates from producers of electricity from
is recognized only to the extent of contract costs
(g) Employee benefits
renewable sources, based on annual targets or
incurred that are likely to be recoverable.
quotas set by law, which are applied to the quantity of
(i) Short-term employee benefits
electricity purchased and supplied to final customers.
• Contract expenses are recognized as incurred
completion is assessed with reference to surveys
effective interest method.
The Group’s net obligation in respect of long-term
employee benefits is the amount of future benefit that
employees have earned in return for their service in the
current and prior periods. That benefit is discounted
to determine its present value. Re-measurements are
recognised in profit or loss in the period in which they
Cost of green certificates is invoiced to final customers
unless they create an asset related to future
Short-term employee benefits are measured on an
arise.
separately from the tariffs for electricity.
contract activity. An expected loss on a contract
undiscounted basis and are expensed as the related
is recognised immediately as expense.
service is provided. A liability is recognised for the
(iv) Termination benefits
Electricity producers are entitled by the law in force
to receive a certain number of green certificates for
each MWH of electricity produced from renewable
sources and injected into the network. The green
amount expected to be paid if the Group has a present
legal or constructive obligation to pay this amount as
Termination benefits are expensed at the earlier of
a result of past service provided by the employee and
when the Group can no longer withdraw the offer of
the obligation can be estimated reliably.
those benefits and when the Group recognises costs
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A472
473
for a restructuring. If benefits are not expected to
can be used. Deferred tax assets are reviewed at each
(i) Green certificates
loss when consumed and presented in “Repairs,
be settled wholly within 12 months of the end of the
reporting date and are reduced to the extent that it is
maintenance and materials”.
reporting period, then they are discounted.
no longer probable that the related tax benefit will be
Electricity supply
realised.
(k) Property, plant and equipment
(h) (h) Income tax
Electricity suppliers have a legal obligation to purchase
Deferred tax is measured at the tax rates that are
green certificates from producers of electricity from
(i) Recognition
Income tax expense comprises current and deferred
expected to be applied to temporary differences when
renewable sources, based on annual targets or
tax. It is recognised in profit or loss except to the extent
they reverse, using tax rates enacted or substantively
quotas set by law, which are applied to the quantity of
Property, plant and equipment are stated initially at
that it relates to a business combination or items
enacted at the reporting date. The measurement of
electricity purchased and supplied to final customers.
cost, which includes purchase price and other costs
recognised directly in equity or in other comprehensive
deferred tax reflects the tax consequences that would
directly attributable to acquisition and bringing the
income.
(i) Current tax
follow from the manner in which the Group expects,
The cost of green certificates is accrued in the profit or
asset to the location and condition necessary for their
at the reporting date, to recover or settle the carrying
loss based on the quantitative quota determined by
intended use.
amount of its assets and liabilities. Deferred tax assets
the regulator representing the quantity of the green
and liabilities are offset only if certain criteria are met.
certificates that the Group has to purchase for the year
After initial recognition, land and buildings are
Current tax comprises the expected tax payable or
and based on the price of green certificates acquired
measured at revalued amounts less any accumulated
receivable on the taxable income or loss for the year
Unrecognized deferred tax assets are reassessed at
on the centralized market. The obligation for covering
depreciation and any accumulated impairment
and any adjustment to tax payable or receivable
each reporting date and recognized to the extent that
the annual acquisition quota is accrued in profit or
losses since the most recent valuation. The other
in respect of previous years. It is measured using
it has become probable that the future taxable profits
loss.
tax rates enacted or substantively enacted at the
will be available against which they can be used.
reporting date. Current tax also includes any tax
Electricity generation
arising from dividends.
In such a circumstance, the Group shall recognise and
items of property, plant and equipment are measured
at cost less any accumulated depreciation and any
accumulated impairment losses. Revaluations of
land and buildings are made with sufficient regularity
(ii) Deferred tax
based on taxable profit (tax loss), tax bases, unused
receive a certain number of green certificates for each
materially from the one that would be determined
measure its current or deferred tax asset or liability
Electricity producers are entitled by the law in force to
to ensure that the carrying amount does not differ
Deferred tax is recognised in respect of temporary
applying this interpretation.
and injected into the network.
When a building is revalued, the accumulated
differences between the carrying amounts of assets
depreciation is eliminated against the gross carrying
and liabilities for financial reporting purposes and the
The Group assesses whether it is probable (more
Green certificates are recognized as inventories when
amount of that item, and the net amount is restated to
amounts used for taxation purposes. Deferred tax is
than 50% chances) that a tax authority will accept an
the producer has the right to receive as a result of
the revalued amount of the asset.
tax losses, unused tax credits and tax rates determined
MWH of electricity produced from renewable sources
using the fair value at the end of the reporting period.
not recognised for:
uncertain tax treatment.
energy produced and delivered into the network, at
• temporary differences on the initial recognition
Thus, the Group shall reflect the effect of uncertainty
account is done at the time of their sale.
equipment have different useful lives, then they are
of assets or liabilities in a transaction that is not
for each uncertain tax treatment by using either of the
accounted for as separate items (major components)
a business combination and that affects neither
following methods, depending on which method the
(j) Inventories
of property, plant and equipment.
nil nominal value. Recognition in the profit and loss
If significant parts of an item of property, plant and
accounting nor taxable profit or loss;
entity expects to better predict the resolution of the
• temporary differences related to investments in
uncertainty:
Inventories consist mainly of spare parts that do not
Properties in the course of construction for production,
meet the recognition criteria for property, plant and
supply or administrative purposes, or for purposes
subsidiaries, associates and joint arrangements
(a) the most likely amount - the single most likely
equipment, consumables, goods for resale, other
not yet determined, are carried at cost, less any
to the extent that the Group is able to control
amount in a range of possible outcomes. The most
inventories and the natural gas storage.
recognised impairment loss. Cost includes professional
the timing of the reversal of the temporary
likely amount may better predict the resolution of
fees and, for qualifying assets, borrowing costs
differences and it is probable that they will not
the uncertainty if the possible outcomes are binary
Inventories are measured at the lower of cost and net
capitalised in accordance with the Group’s accounting
reverse in the foreseeable future; and
or are concentrated on one value.
realizable value.
policy. Depreciation of these assets, determined on
the same basis as other property assets, commences
• taxable temporary differences arising on the
(b) the expected value - the sum of the
The cost of inventories is based on the weighted
when the assets are ready for their intended use.
initial recognition of goodwill.
probability-weighted amounts in a range of
average cost method. The cost of inventories includes
Deferred tax assets are recognised for unused tax
predict the resolution of the uncertainty if there is a
to bringing the inventories to their current place and
classified as property, plant and equipment if they
possible outcomes. The expected value may better
all the acquisition costs and other expenses related
Spare parts, stand-by and servicing equipment are
losses, unused tax credits and deductible temporary
range of possible outcomes that are neither binary
condition.
differences to the extent that it is probable that future
nor concentrated on one value.
taxable profits will be available against which they
Consumables used for the repairs and maintenance
property, plant and equipment.
of the electricity network are included in profit and
are expected to be used during more than one period
or can be used only in connection with an item of
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A474
475
Any gain or loss on disposal of an item of property,
(ii) Amortization
concessionaire free of charge together with the assets
statements according to the instructions developed
plant and equipment is recognised in profit or loss.
part of RAB.
The amortization method used is selected on the
by the Ministry of Finance. ANRE will determine the
recognized annual amounts of the capitalized costs
(ii) Subsequent expenditure
basis of the expected pattern of consumption of
In the case of non-household customers, the value
based on the quantities and prices recognized for NL.
Subsequent expenditure is capitalised only if it is
in the asset, and is applied consistently from period
design/construction of the connection/connection, is
(i) Recognition and measurement
the expected future economic benefits embodied
of the connection works, including those for the
probable that the future economic benefits associated
to period, unless there is a change in the expected
entirely borne by the customers. Assets resulting from
with the expenditure will flow to the Group.Depreciation
pattern of consumption of those future economic
connection work:
benefits. The Group determined that the amortization
The computation of the capitalized amounts is carried
out in compliance with the legislation specific to the
Depreciation is calculated to write off the cost of items
method that reflects appropriately the expected
• In the period from 1 January 2022 to 24 July 2022,
entities that are the subject of GEO 119/2022, with
of property, plant and equipment less their estimated
pattern of consumption of the expected future
they enter the distribution operator’s assets from
subsequent additions and changes.
residual values using the straight-line method over
economic benefits is correlated with the amortisation
the time of commissioning, on the basis of GEO
their estimated useful lives and is recognised in
of the regulated asset base “RAB”.
no. 143/2021, without being recognised by ANRE
According to the legislation in force, the following
profit or loss. Leased assets are depreciated over the
shorter of the lease term and their useful lives unless
(c) Connection fees
it is reasonably certain that the Group will obtain
as part of the regulated asset base.
intangible assets will be created for the NL difference
(in correspondence with “Capitalised costs of
• From 25 July 2022 they do not become part of
intangible non-current assets”):
ownership by the end of the lease term. Land and
According to art. 25 paragraph (1) of Law no. 123/2012
the distribution operator’s assets, on the basis of
construction in progress are not depreciated.
on electricity and natural gas, as subsequently
Law no. 248/2022 and ANRE Order no. 133/2022,
• The first intangible asset - for the NL cost
The estimated useful lives of property, plant and
public interest is a mandatory service provided under
operator for operation.
and September 2022 will be recorded on 30
equipment are as follows:
regulatory conditions, which the transmission and
September 2022;
amended and supplemented, access to power grids of
they are only transferred to the distribution
difference recorded between January 2022
Category
Buildings
Equipment
Motor vehicles and office
equipment
system operator as well as the distribution operators
Starting with 2021, according to ANRE Order no.
Useful lives (years)
must ensure.
160/2020 amending ANRE Order no.59/2013, the
• The second intangible asset - for the NL cost
connection installations that are financed by the
difference recorded between October 2022 and
45-70
At the request of a new or pre-existing customer, the
customers will remain in their ownership and are
December 2022 will be recorded on 31 December
3-25
3-10
distribution operators are obliged to communicate the
being exploited by the network operator. However,
2022;
technical and economic conditions for the connection
according to ANRE Order no. 17/2021 for the connection
network and to cooperate with the applicant to choose
installations of all household consumers and of the
• The third intangible asset - for the NL cost
the most advantageous technical and economic
non-household with lengths less than 2.5 km, the
difference recorded between January 2023 and
solution. Afterwards, a connection contract is
distribution operator has the obligation to finance
March 2023 will be recorded on 31 March 2023;
Depreciation methods, useful lives and residual values
are reviewed at each reporting date and adjusted if
appropriate.
of the connection installation is carried out by a
construction supplier certified by ANRE.
Intangible asset in a service concession arrangement
The Group collects cash from customers, which is
(d) Intangible assets related to the capitalization of
June 2023 will be recorded on 30 June 2023;
own technological consumption (“NL”)
• The fifth intangible asset - for the NL cost
• The fourth intangible asset - for the NL cost
difference recorded between April 2023 and
concluded between the distribution operator and the
them and these will remain in the ownership of the
customer at a regulated tariff. The actual construction
network operator.
(i) Recognition and measurement
used only to pay for the construction of the connection
The difference between the purchase price of
difference recorded between July 2023 and
station, and the Group must then use this asset to
electricity for own technological consumption versus
August 2023 will be recorded on 31 August 2023.
The Group recognises an intangible asset arising from
a service concession arrangement when it has a right
Order no. 59/2013, with subsequent amendments,
in the related regulated tariffs 2022 related to the
• The sixt intangible assets - for the NL cost
these assets remain in the ownership of the network
purchase of electricity and natural gas, made between
difference recorded between September 2023
connect customers to the network. According to ANRE
the ex-ante purchase price recognized by ANRE
to charge for use of the concession infrastructure.
An intangible asset received as consideration for
operator.
1 January 2022 and 31 August 2023, in order to cover
and December 2023 will be recorded on 31
the own technological consumption (NL) for economic
December 2023.
providing construction or upgrade services in a service
concession arrangement is measured at fair value on
initial recognition with reference to the fair value of the
services provided. Subsequent to initial recognition, the
intangible asset is measured at cost, less accumulated
amortization and accumulated impairment losses.
The Group recognizes the assets at nil value, net of
operators for energy transport and distribution
the amount of the deferred income representing the
services are capitalised.
contributions from customers. The assets financed
• Quarterly, on the last day of each quarter, for the
corresponding amounts, between 1 January 2024
from connection fees received from the new users of
According to ANRE regulations, the capitalised costs
and 31 March 2025.
the distribution network are not included in the RAB.
of intangible assets are recorded in the accounting
At the end of the concession contract, the assets built
records and therefore on the annual financial
from the connection tariff will be transferred to the
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A476
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Currently, in the financial statements are recognized
controlling interest (NCI) plus the fair value of previous
The amortized cost of a financial asset is the amount
Cash and cash equivalents
only the intangible assets mentioned above.
equity interests minus the net of the acquisition-date
at which the financial asset is measured at initial
In the future, the following additional intangible assets
liabilities assumed.
the cumulative amortization using the effective interest
call deposits and deposits with maturities of three
will be recognized if it is the case quarterly until 31
method of any difference between that initial amount
months or less from the set-up date that are subject to
March 2025.
(ii) Amortization
Goodwill arising on the acquisition of subsidiaries
and the maturity amount, adjusted for any loss
an insignificant risk of changes in their fair value and
is measured at cost less accumulated impairment
allowance. The gross carrying amount of a financial
are used by the Group in the management of its short-
losses.
asset is the amortized cost of a financial asset before
term commitments.
amounts of the identifiable assets acquired and the
recognition minus the principal reimbursements, plus
Cash and cash equivalents comprise cash balances,
The capitalized costs are amortized through the
(g) Financial instruments
straight-line method over a period of 5 years from the
adjusting for any loss allowance.
Foreign exchange gains and losses
(ii) Financial liabilities
date of capitalization.
Financial assets and financial liabilities are recognised
All financial liabilities are measured subsequently at
in the Group’s statement of financial position when the
The carrying amount of financial assets that are
amortised cost using the effective interest method or
(e) Other intangible assets
Group becomes a party to the contractual provisions
denominated in a foreign currency is determined in
at fair value through profit or loss.
(i) Recognition and measurement
of the instrument.
Financial assets and financial liabilities are initially
that foreign currency and translated at the spot rate at
the end of each reporting period.
Other intangible assets that are acquired by the Group
measured at fair value. Transaction costs that are
Loans and receivables
and have finite useful lives are measured at cost less
directly attributable to the acquisition or issue of
Financial liabilities that are not (i) contingent
consideration of an acquirer in a business
combination, (ii) held-for-trading, or (iii) valued as at
fair value, are measured subsequently at amortised
accumulated amortization and any accumulated
financial assets and financial liabilities (other than
These assets are initially recognised at fair value plus
cost using the effective interest method.
impairment losses.
financial assets and financial liabilities at fair value
any directly attributable transaction costs. Subsequent
(ii) Subsequent expenditure
from the fair value of the financial assets or financial
cost using the effective interest method. The amortised
calculating the amortised cost of a financial liability
liabilities, as appropriate, on initial recognition.
cost is reduced by impairment losses. Loans and
and of allocating interest expense over the relevant
Subsequent expenditure is capitalised only when it
Transaction costs directly attributable to the
receivables comprise trade receivables, cash and
period. The effective interest rate is the rate that
through profit or loss) are added to or deducted
to initial recognition, they are measured at amortised
The effective interest method is a method of
increases the future economic benefits embodied
acquisition of financial assets or financial liabilities
cash equivalents and deposits.
in the specific asset to which it relates. All other
at fair value through profit or loss are recognised
expenditure, including expenditure on internally
immediately in profit or loss.
Trade receivables
generated goodwill and brands, is recognised in profit
exactly discounts estimated future cash payments
(including all fees and points paid or received that
form an integral part of the effective interest rate,
transaction costs and other premiums or discounts)
or loss as incurred.
(i) Financial assets
Trade receivables include mainly unsettled invoices
through the expected life of the financial liability, or
(iii) Amortization
All regular way purchases or sales of financial assets
of electricity and services, late payment penalties and
cost of a financial liability.
are recognised and derecognised on a trade date
accrued revenue for electricity delivered and services
Amortization is calculated to write off the cost of
basis. Regular way purchases or sales are purchases
rendered until the end of the year,but invoiced after
Other financial liabilities include bank borrowings, bank
intangible assets less their estimated residual values
or sales of financial assets that require delivery of
the end of the year.
using the straight-line method over their estimated
assets within the time frame established by regulation
overdrafts, financing for network construction related
to concession agreements and trade payables.
issued until reporting date for supply and distribution
(where appropriate) a shorter period, to the amortised
useful lives and is generally recognised in profit or loss.
or convention in the marketplace. All recognised
Other receivables from capping schemes
The estimated useful lives of software and licenses are
their entirety at either amortised cost or fair value,
The compensation of household consumers for part
3-5 years.
depending on the classification of the financial assets.
of the costs incurred by the electricity invoices was
Ordinary shares
financial assets are measured subsequently in
(iii) Share capital
applicable between 1 November 2021 until 31 March
Amortization methods, useful lives and residual values
Financial assets are initially measured at fair value
2022.
are reviewed at each reporting date and adjusted if
and subsequently at amortized cost, as they are held
Ordinary shares are classified as equity. Incremental
costs directly attributable to the issue of ordinary
appropriate.
(f) Goodwill
in a business model to collect contractual cash flows
The exemption was applicable between 1 November
shares, net of any tax effects, are recognised as a
and these cash flows consist solely of payments
of principal and interest on the principal amount
outstanding.
2021 until 31 January 2022 for several types of non-
deduction from equity.
household consumers from payment of regulated
tariffs and other taxes/contributions.
Goodwill is measured as the value of the consideration
transferred (fair value) plus the amount of any non-
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A478
479
Repurchase and reissue of ordinary shares (treasury
has reasonable and supportable information to
(h) Revaluation reserve
shares)
demonstrate that a more lagging default criterion is
obligation that can be estimated reliably, and it is
probable that an outflow of economic benefits will
more appropriate.
The difference between the revalued amount and the
be required to settle the obligation. Provisions are
When shares recognised as equity are repurchased,
net carrying amount of property, plant and equipment
determined by discounting the expected future cash
the amount of the consideration paid, which includes
(ii) Write-off policy
is recognised as revaluation reserve included in equity.
flows at a pre-tax rate that reflects current market
directly attributable costs, net of any tax effects, is
assessments of the time value of money and the risks
recognised as a deduction from equity. Repurchased
The Group writes off a financial asset after the
If an asset’s carrying amount is increased as a
specific to the liability. The unwinding of the discount is
shares are classified as treasury shares and are
finalization of the bankruptcy proceedings. Financial
result of a revaluation, the increase is recognised
recognised as finance cost.
presented in the treasury share reserve.
assets written off may still be subject to enforcement
and accumulated in equity under the heading
When treasury shares are sold or reissued
taking into account legal advice where appropriate.
recognised in profit and loss to the extent that it
the Group has approved a detailed and formal
subsequently, the amount received is recognised
Any recoveries made are recognised in profit or loss.
reverses a revaluation decrease of the same amount
restructuring plan, and the restructuring either has
as an increase in equity and the resulting surplus or
of the asset previously recognised in profit and loss.
commenced or has been announced publicly. Future
deficit on the transaction is presented within share
(iii) Measurement and recognition of expected credit
operating losses are not provided for.
activities under the Group’s recovery procedures,
of revaluation reserve. However, the increase is
A provision for restructuring is recognised when
premium.
(iv) Impairment
losses
If an asset’s carrying amount is decreased as a result
The measurement of expected credit losses is a
or loss. However, the decrease is recognized in equity
function of the probability of default, loss given default
in revaluation reserves if there is any credit balance
A contingent liability is:
of a revaluation, the decrease is recognised in profit
(l) Contingent assets and liabilities
Impairment of financial assets
(i.e. the magnitude of the loss if there is a default)
existing in the revaluation reserve in respect of that
The Group recognizes a loss allowance for expected
probability of default and loss given default is based
and the exposure at default. The assessment of the
asset.
(a) a possible obligation that arises from past events
and whose existence will be confirmed only by
credit losses on investments in debt instruments
on historical data adjusted by forward-looking
The revaluation reserve is transferred to retained
the occurrence or non-occurrence of one or more
that are measured at amortized cost or at fair value
information as described above. As for the exposure at
earnings in an amount corresponding to the use of the
uncertain future events not wholly within the
through other comprehensive income. The amount of
default, for financial assets, this is represented by the
asset (as the asset is depreciated) and upon disposal
control of the Group; or
expected credit losses is updated at each reporting
assets’ gross carrying amount at the reporting date.
of the asset.
date to reflect changes in credit risk since initial
recognition of the respective financial instrument.
For financial assets, the expected credit loss is
(i) Dividends
estimated as the difference between all contractual
(b) a present obligation that arises from past events
that is not recognised because:
The Group always recognizes lifetime expected credit
cash flows that are due to the Group in accordance
Dividends are recognized as a deduction from equity
i. it is not probable that an outflow of resources
losses for trade receivables. The expected credit
with the contract and all the cash flows that the Group
in the period in which their distribution is approved
embodying economic benefits will be required
losses on these financial assets are estimated using a
expects to receive, discounted at the original effective
and recognised as a liability to the extent it is unpaid
to settle the obligation; or
provision matrix based on the Group’s historical credit
interest rate.
loss experience, adjusted for factors that are specific
at the reporting date. Dividends are disclosed in the
notes to financial statements when their distribution is
ii. the amount of the obligation cannot be
to the debtors, general economic conditions and an
Derecognition of financial assets
proposed after the reporting date and before the date
measured with sufficient reliability.
assessment of both the current as well as the forecast
of the issuance of the financial statements.
direction of conditions at the reporting date, including
The Group derecognises a financial asset only when
Contingent liabilities are not recognized in the
time value of money where appropriate.
the contractual rights to the cash flows from the asset
(j)
Pre-paid capital contributions in kind from
Group’s financial statements, but disclosed unless
expire, or when it transfers the financial asset and
shareholders
the possibility of an outflow of resources embodying
(i) Significant increase in credit risk
substantially all the risks and rewards of ownership
economic benefits is remote.
of the asset to another entity. If the Group neither
These contributions from a shareholder represent
In assessing whether the credit risk on a financial
transfers nor retains substantially all the risks and
pre-paid contributions of land for which the Company
A contingent asset is a possible asset that arises from
instrument has increased significantly since initial
rewards of ownership and continues to control the
obtained title deeds in respect of future issuance of
past events and whose existence will be confirmed
recognition, the Group compares the risk of a default
transferred asset, the Group recognises its retained
shares. The amounts recorded are based on the fair
only by the occurrence or non-occurrence of one or
occurring on the financial instrument at the reporting
interest in the asset and an associated liability for
value of the land.
more uncertain future events not wholly within the
date with the risk of a default occurring on the financial
amounts it may have to pay. If the Group retains
control of the Group.
instrument at the date of initial recognition.
substantially all the risks and rewards of ownership of
(k) Provisions
Irrespective of the above analysis, the Group considers
recognise the financial asset and also recognises a
A provision is recognised if, as a result of a past
financial statements, but disclosed when an inflow of
that default has occurred when a financial asset
collateralised borrowing for the proceeds received.
event, the Group has a present, legal or constructive
economic benefits is probable.
a transferred financial asset, the Group continues to
A contingent asset is not recognized in the Group’s
is more than 90 days past due unless the Group
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A480
481
(m)
Leases
by discounting the revised lease payments
profit or loss and other comprehensive income of the
(p) Subsequent events
using an unchanged discount rate (unless the
associate.
(i) The Group as lessee
lease payments change is due to a change in
Events occurring after the reporting date 31
a floating interest rate, in which case a revised
When the Group’s share of losses of an associate
December 2023, which provide additional
The Group assesses whether a contract is or contains
discount rate is used);
exceeds the Group’s interest in that associate (which
information about conditions prevailing at the
a lease, at inception of the contract. The Group
includes any long-term interests that, in substance,
reporting date (adjusting events) are reflected
recognises a right-of-use asset and a corresponding
• a lease contract is modified and the lease
form part of the Group’s net investment in the
in the consolidated financial statements. Events
lease liability with respect to all lease arrangements
modification is not accounted for as a separate
associate), the Group discontinues recognising
occurring after the reporting date that provide
in which it is the lessee, except for short-term leases
lease, in which case the lease liability is
its share of further losses. Additional losses are
information on events that occurred after the
(with a lease term of 12 months or less) and leases of
remeasured based on the lease term of the
recognised only to the extent that the Group has
reporting date (non-adjusting events), when
low value assets (of less than USD 5,000). For these
modified lease by discounting the revised lease
incurred legal or constructive obligations or made
material, are disclosed in the notes to the
leases, the Group recognises the lease payments
payments using a revised discount rate at the
payments on behalf of the associate.
consolidated financial statements. When the going
as an operating expense on a straight-line basis
effective date of the modification.
concern assumption is no longer appropriate at or
over the term of the lease unless another systematic
An investment in an associate is accounted for
after the reporting period, the financial statements
basis is more representative of the time pattern in
Right-of-use assets are depreciated over the shorter
using the equity method from the date on which the
are not prepared on a going concern basis.
which economic benefits from the leased assets are
period of lease term and useful life of the underlying
investee becomes an associate. On acquisition of the
consumed.
asset. If a lease transfers ownership of the underlying
investment in an associate, any excess of the cost of
asset or the cost of the right-of-use asset reflects
the investment over the Group’s share of the net fair
The lease liability is initially measured at the present
that the Group expects to exercise a purchase option,
value of the identifiable assets and liabilities of the
value of the lease payments that are not paid at
the related right-of-use asset is depreciated over the
investee is recognised as goodwill, which is included
the commencement date, discounted by using the
useful life of the underlying asset. The depreciation
within the carrying amount of the investment. Any
default rate in the lease. If this rate cannot be readily
starts at the commencement date of the lease. The
excess of the Group’s share of the net fair value of
determined, the Group uses its incremental borrowing
right-of-use assets are presented as a separate line in
the identifiable assets and liabilities over the cost of
rate.
the consolidated statement of financial position.
the investment, after reassessment, is recognised
immediately in profit or loss in the period in which the
The lease liability is presented as a separate line in the
(ii) Rental income
investment is acquired.
consolidated statement of financial position. The lease
liability is subsequently measured by increasing the
Rental income from property, plant and equipment
When necessary, the entire carrying amount of
carrying amount to reflect interest on the lease liability
other than investment property is recognised as Other
the investment (including goodwill) is tested for
(using the effective interest method) and by reducing
income. Rental income is recognised on a straight-line
impairment as a single asset by comparing its
the carrying amount to reflect the lease payments
basis over the term of the lease.
made.
(n) Investment in associates
The Group remeasures the lease liability (and makes a
recoverable amount (higher of value in use and fair
value less costs of disposal) with its carrying amount.
Any impairment loss recognised is not allocated to
any asset, including goodwill that forms part of the
corresponding adjustment to the related right-of-use
An associate is an entity over which the Group has
carrying amount of the investment. Any reversal of that
asset) whenever:
significant influence and that is neither a subsidiary
impairment loss is recognised to the extent that the
nor an interest in a joint venture. Significant influence is
recoverable amount of the investment subsequently
• the lease term has changed or there is a
the power to participate in the financial and operating
increases.
significant event or change in circumstances
policy decisions of the investee but is not control or
resulting in a change in the assessment of
joint control over those policies.
exercise of a purchase option, in which case the
The Group discontinues the use of the equity method
from the date when the investment ceases to be an
lease liability is remeasured by discounting the
The results and assets and liabilities of associates
associate.
revised lease payments using a revised discount
are incorporated in these consolidated financial
rate;
statements using the equity method of accounting,
(o) Segment reporting
except when the investment is classified as held for
• the lease payments change due to changes
sale. Under the equity method, an investment in an
Segment results that are reported to the Company’s
in an index or rate or a change in expected
associate is recognised initially in the consolidated
Board of Directors (the chief operating decision maker)
payment under a guaranteed residual value,
statement of financial position at cost and adjusted
include items directly attributable to a segment as well
in which cases the lease liability is remeasured
thereafter to recognise the Group’s share of the
as those that can be allocated on a reasonable basis.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A482
483
7 Disclosure for the additional set of the consolidated financial statements
There are varying levels of integration between the Electricity supply, Electricity distribution and External
The Company also issues a set of consolidated financial statements prepared in accordance with IFRS-EU.
Until 31 December 2021, the consolidated financial statements prepared in accordance with OMFP no.
2844/2016 were equivalent to IFRS-EU. Starting with 31 December 2022, according to Order of Ministry of
electricity network maintenance segments. 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
Public Finances (OMFP) no. 3900/2022 that has included a new clause related to the regulatory accounts to
assets.
cover for own technological consumption network additional expenses for actual energy costs as compared
with the ex-ante ANRE prices recognised in distribution tariffs. On the additional set of the consolidated
financial statement in accordance with IFRS-EU, these expenses have a different accounting treatment
(please see the voluntary set of financial statements in accordance with IFRS-EU).
8 Operating segments
(a) Basis for segmentation
The following summary describes the operations of each reportable segment:
Reportable segments
Operations
Electricity and natural gas
supply
Buying and 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 (Sunwind Energy S.R.L.,
New Trend Energy S.R.L., and Foton Power Energy S.R.L and the activity
carried out by Electrica S.A. in the electricity production segment).
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).
Headquarter
Consulting activities for business and management, the parent company
also carrying out corporate activities in relation to its subsidiaries
(Electrica S.A. but without the activity carried out in the electricity
production segment)
The Board of Directors of the Company reviews management reports of each segment. Segment earnings
before interest, tax, depreciation and amortisation (“Adjusted 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.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A484
485
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NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
486
487
9 Revenue
Rental income refers mainly to the subsidies, following by rental of the electricity poles by the distribution
subsidiary to telecom operators.
During 2023, the Group recognized subsidies on the supply segment recognized subsidies of RON 3,306,839
thousand, out of which RON 2,614,535 thousand outstanding receivable from the Ministry of Energy following
the application of the electricity and natural gas price capping and compensation mechanism, approved
by Order no.118/2021 with subsequent amendments and GEO no.27/2022, the latter being amended by GEO
Electricity distribution and supply
Supply of natural gas
Construction revenue related to concession agreements (Note 23)
Repairs, maintenance and other services rendered
Proceeds from sale of green certificates
Re-connection fees
Consulting services
Sales of merchandise
Total
2023
8,457,651
191,339
1,018,912
74,077
3,212
14,362
106
56,934
2022
8,991,986
322,320
611,294
45,937
3,741
3,824
-
30,794
9,816,593
10,009,896
In respect to the timing of the revenue recognition, most of the Group’s services provided are transferred
to the customer over time, only a small part amounting to RON 2,921 thousand (2022: RON 2,694 thousand)
being transferred at a point in time (e.g. metering services provided by the distribution companies,
no.119/2022.
(b) Other operating expenses
Utilities
Other taxes and duties
IT services
Fines and penalties
Printing and distribution of invoices services
providing periodic data analysis to the customer for certain taxes collected on behalf of them).
Meters reading expenses
10 Electricity, natural gas and merchandise purchased
Electricity purchased
Green certificates purchased
Natural gas purchased
Cost of merchandise
Total
2023
8,238,811
543,359
221,255
54,551
2022
9,380,690
609,107
493,847
23,165
9,057,976
10,506,809
The cost of electricity and natural gas purchased includes the cost of the green certificates purchased
by the supply subsidiary which 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 purchased and supplied to final customers. The cost of green certificates is then
invoiced to final customers separately from electricity tariffs.
11 Other income and expenses
(a) Other income
Subsidies related to electricity supply (Note 18)
Rental income
Late payment penalties from customers
Other
Total
2023
3,306,839
92,332
71,075
28,307
2022
2,687,131
92,486
52,110
9,236
3,498,553
2,840,963
Bank fees
Security services
Advertising and publicity expenses
Penalties to State budgets
Cash collection services
Postage and telecommunication services
Call centre services
Rent
Other
Total
12. Net finance income/(cost)
Interest income
Other finance income
Total finance income
Interest expense
Interest cost for employee benefits (Note 15)
Foreign exchange losses, net
Total finance costs
Net finance cost
2023
63,138
51,549
51,151
48,404
36,341
29,831
26,635
19,795
14,654
14,482
13,148
12,047
12,461
11,448
26,315
2022
56,643
46,950
34,929
12,948
44,092
39,748
10,836
17,549
7,440
2,135
14,632
18,998
10,929
21,010
14,132
431,399
352,971
2023
3,270
155
3,425
2022
2,847
6,871
9,718
(280,463)
(156,985)
(10,043)
(6,714)
(297,220)
(293,795)
(7,354)
(10,374)
(174,713)
(164,995)
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A488
489
13 Earnings/(loss) per share
15 Post-employment and other long-term employee benefits
The calculation of basic and diluted earnings/(loss) per share has been based on the following profit
The Group provides cash benefits to employees depending on seniority in the form of jubilee bonuses and
attributable to Company’s shareholders and weighted-average number of ordinary shares outstanding:
depending on the years of service at retirement in the form of retirement bonuses. The post-employment
Profit/(Loss) attributable to shareholders
Profit for the year attributable to the owners of the Company
Profit attributable to shareholders of the Company
Number of ordinary shares (in number of shares)
Number of ordinary shares at 31 December
2023
620,494
620,494
2022
558,954
558,954
2023
2022
339,553,004
339,553,004
and other long-term employee benefits are stipulated in the Collective Labour Contracts.
In 2023 and 2022, employee benefit obligations were computed by an independent actuary using the
projected unit credit method with benefits calculated proportionally to the period of service.
Defined benefit liability
Other long-term employee benefits
Total
- Current portion*
- Non-current portion
*included in Personnel payables in Note 14
31 December 2023
31 December 2022
55,839
108,923
164,762
13,404
151,358
41,675
87,762
129,437
12,168
117,269
For the calculation of 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.
(i) Movement in the defined benefit liability and other long-term employee benefits
The following tables shows a reconciliation from the opening balances to the closing balances for the
defined benefit liability and other long-term employee benefits and its components. There are no plan
Basic and diluted earnings/(loss) per share (RON)
14 Short-term employee benefits
Personnel payables
Current portion of defined benefit liability and other employee benefits
Social security charges
Tax on salaries
Total
For details of the related employee benefit expenses, see Notes 16.
2023
1.83
2022
1.65
31 December
31 December
2023
70,598
12,871
31,192
5,887
2022
70,105
11,548
27,301
5,220
120,548
114,174
assets.
Defined benefit liability
Balance at 1 January
Included in profit or loss
Current service cost
Past service cost
Interest cost
Included in other comprehensive income
Remeasurements loss
- Actuarial loss
Other
Benefits paid
Balance at 31 December
In Romania, all employers and employees, as well as other persons, are contributors to the State social
Other long-term employee benefits
security system. The social security system covers pensions, child benefit, temporary inability to work
situations, risks of work accidents and professional diseases and other social assistance services,
redundancy payments and incentives granted to employers for creating new job.
Balance at 1 January
Included in profit or loss
Current service cost
Past service cost
Actuarial (gain)/ loss
Interest cost
Other
Benefits paid
Balance at 31 December
2023
41,675
4,904
-
3,278
2022
79,078
4,893
(23,367)
3,100
11,918
(9,503)
(5,936)
55,839
2023
87,761
7,580
-
16,637
6,764
(9,819)
108,924
(12,526)
41,675
2022
88,356
7,786
(353)
(4,509)
4,256
(7,775)
87,761
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A490
491
Defined benefits refer to the retirement bonuses granted according to the seniority within the Group and
Termination benefits
other long-term benefits refer to the jubilee bonuses granted for seniority.
(ii) Actuarial assumptions
The following were the main actuarial assumptions at each reporting date:
(a) Macroeconomic assumptions:
a. Termination benefits for individual lay-offs at the Group’s initiative
In accordance with the Collective Labour Contracts concluded between the Group and the Unions, when
individual labour contract are terminated at the Group’s initiative, the Group pays termination benefits to
the employees depending on their period of service, as follows:
• inflation. The actuary used information from the National Commission for Strategy and Prognosis:
Period of service
Year
2023
2024
2025
2026
2027+
Valuation date
31 December 2023
Valuation date
31 December 2022
10.4%
4.8%
3.5%
3%
2.5%
7.5%
4.9%
3%
2.5%
2.5%
• the discount rate used is based on the yield of the Romanian Government bonds at the reporting date,
therefore the weighted average discount rate is 6% for the year 2023 (2022: 8.1%);
• taxes and social charges are those in force as at the reporting date.
(b) Group specific assumptions:
• For the year 2023 were taken into consideration the salaries’ growth rates budgeted by the Group.
Starting with the year 2024, salaries’ growth is forecasted at the inflation rate;
• Employees’ turnover: based on historical data;
• Jubilee and retirement bonuses granted based on seniority as per the collective labour contracts, as
1 – 2 years
2 – 5 years
5 – 10 years
10 – 20 years
More than 20 years
No of gross monthly base salaries
31 December 2023
31 December 2022
2
3
4
5
8
2
3
4
5
8
b. Termination benefits for collective lay-offs at the Group’s initiative:
For collective lay-offs, according to the Collective Labour Contracts, the Group pays termination benefits to
the employees depending on their period of service, as follows:
Period of service
1 – 3 years
3 – 5 years
5 – 10 years
10 – 20 years
More than 20 years
No of gross monthly base salaries
31 December 2023
31 December 2022
3
6
7
11
16
3
6
7
11
16
follows:
Jubilee bonus based on years of service in the Group
Seniority
20 years
30 years
35 years
40 years
45 years
No of gross monthly base salaries
The above mentioned stipulations do not apply to employees with individual labour contract concluded
for a determined period. The above stipulations do not apply to employees that obtained other higher
cumulative salary compensation rights, provided by legal regulations regarding the Group’s reorganization
31 December 2023
31 December 2022
and restructuring. Employees who are re-employed within the Group after lay-off are not entitled to the
1
2
3
4
5
1
2
3
4
5
above-mentioned benefits.
Retirement bonus based on years of service in the Group
Seniority
Between 8 and 10 years
Between 10 and 25 years
More than 25 years
No of gross monthly base salaries
31 December 2023
31 December 2022
2
3
4
2
3
4
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
492
493
(iii) Sensitivity analysis
17 Income taxes
Significant actuarial assumptions for the determination of the benefit obligation are the discount rate,
In determining the amount of current and deferred tax, the Group takes into account the impact of
expected salary increase and retirement age. The sensitivity analysis below has been determined based on
uncertain tax positions and whether additional taxes and interest may be due. This assessment relies
reasonably possible changes of the respective assumptions occurring at the end of the reporting period,
on estimates and assumptions and may involve a series of judgments about future events. The Group
while holding all other assumptions constant.
Discount rate
Salary growth
Retirement age
Increase by 1%
Decrease by 1%
2023
(11,301)
2022
(9,237)
2023
12,675
2022
8,611
13,195
9,415
(11,930)
(10,049)
Increase by 1 year
Decrease by 1 year
2023
1,135
2022
812
2023
(1,135)
2022
(812)
The sensitivity analysis presented above may not be representative of the actual change in the benefit
obligation as it is unlikely that the changes in assumptions would occur in isolation of one another as some
of the assumptions may be correlated. In presenting the above sensitivity analysis, the present value of the
benefit obligation has been calculated using the projected unit credit method at the end of the reporting
period, which is the same as that applied in calculating the benefit obligation liability recognized in the
statement of financial position.
16 Employee benefit expenses
Average number of employees
Number of employees at 31 December
Wages and salaries*
Social security contributions
Meal tickets
Termination benefits
Total employees benefits for the year
Capitalised employee benefit expenses
Total employees benefits in the statement of profit or loss
2023
7,676
7,960
2023
911,995
27,163
46,583
1,015
986,756
(24,691)
962,065
2022
7,760
7,874
2022
790,425
20,694
33,187
267
844,573
(21,151)
823,422
* Wages and salaries includes also current service cost, defined benefits and other long-term employee benefits
Management remuneration is disclosed in Note 31 b) Related parties.
considers that the accounting records for taxes due are adequate for all open tax years, based on
assessment made by management taking into account various factors, including the interpretation of
tax legislation and previous experience. New information may become available that causes the Group to
change its judgment regarding the adequacy of existing tax liabilities; such changes to tax liabilities will
impact tax expense in the period when such a determination is made.
(i) Amounts recognised in profit or loss
Current tax expense
Deferred tax expense
Total expense related to income tax
(ii) Amounts recognised in other comprehensive income
2023
Tax
2022
2,576
102,502
105,078
2023
78,819
18,095
96,914
2022
Tax
Revaluation of property, plant
and equipment
Remeasurement of defined
benefit liability
Total
Before tax
(expense)/
Net of tax
Before tax
(expense)/
Net of tax
benefit
benefit
85,510
(13,699)
71,811
-
-
-
(11,918)
1,907
(10,011)
9,503
(1,479)
8,024
73,592
(11,792)
61,800
9,503
(1,479)
8,024
(iii) Reconciliation of effective tax rate
Profit before tax
Tax using Company’s domestic tax rate
Non-deductible expenses
Non-taxable income
Deduction of legal reserves
Other tax effects
Recognition of tax effect of previously unrecognised tax losses
Income tax expense
2023
2022
717,294
663,923
16%
114,767
16%
106,230
2%
-4%
0%
-1%
0%
17,338
(25,426)
(3,165)
(5,622)
(978)
4%
-3%
-1%
0%
-1%
28,843
(22,083)
(3,388)
(137)
(4,387)
14%
96,914
16%
105,078
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.ADeferred tax assets have not been recognised in respect of the certain tax losses generated by the
Company, because it is not probable that future taxable profit will be available against which the entity
generating it can use the benefits therefrom.
494
495
(iv) Movement in deferred tax balances
(v) Unrecognised deferred tax assets
2023
Net balance
at 1 January
2023
Recognised
in profit or
loss
Recognised
in other
comprehensive
income
Net
Deferred tax
assets
Deferred
tax
liabilities
Balance at 31 December 2023
Property, plant and equipment
36,980
8,837
13,699
59,516
208,015
21,679
-
229,694
-
-
59,516
229,694
(21,101)
(4,236)
(1,907)
(27,244)
(27,244)
(30,930)
(6,068)
5,370
1,712
(4,521)
(15,267)
-
-
-
(25,560)
(25,560)
(4,356)
(4,356)
(19,788)
(19,788)
-
-
-
-
182,375
18,095
11,792
212,262
(76,948)
289,210
-
-
-
-
44,544
(44,544)
Tax losses
18 Trade receivables
Trade receivables, gross
Bad debt allowance
Total trade receivables, net
Trade receivables from related parties are presented in Note 31.
182,375
18,095
11,792
212,262
(32,404)
244,666
Trade receivables, gross, comprise:
Balance at 31 December 2022
2022
Net balance
at 1 January
2023
Recognised
in profit or
loss
Recognised
in other
comprehensive
income
Net
Deferred
tax assets
Property, plant and equipment
39,838
(2,858)
187,500
20,515
-
-
36,980
208,015
-
-
Electricity distribution and supply
Late payment penalties receivable
Customers with judicial execution titles
Repairs, maintenance and other services
Other
Total trade receivables, gross
2023
318,176
2022
337,136
31 December 2023
31 December 2022
3,180,660
(640,218)
2,540,442
3,118,691
(652,689)
2,466,002
31 December 2023
31 December 2022
2,603,238
2,482,266
89,346
333,682
20,904
133,490
80,658
347,667
11,850
196,250
3,180,660
3,118,691
(23,940)
1,360
1,479
(21,101)
(21,101)
(24,732)
(6,198)
(95,972)
89,904
(4,299)
(222)
-
-
-
(30,930)
(30,930)
(6,068)
(6,068)
(4,521)
(4,521)
78,395
102,501
1,479
182,375
(62,620)
244,995
-
-
-
-
32,440
(32,440)
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 to final
consumers will be recovered from the Romanian State through National Agency for Payments (domestic
consumers) and Social Inspection and Ministry of Energy (non-household consumers).
Electricity distribution and supply
On 31 December 2023, the amounts estimated to be received from the Ministry of Energy for non-household
consumers are 10,130 thousand RON (31 December 2022: 20,480 thousand RON) and from the National
78,395
102,501
1,479
182,375
(30,180)
212,555
Agency for Payments and Social Inspection for household consumers are 36,496 thousand RON (31
December 2022: 21,043 thousand RON). The receivables are booked under the caption “Electricity distribution
and supply”.
Grants to be received
As at 31 December 2023, the estimated amount for subsidies to be received from the Ministry of Energy
is RON 2,595,554 thousand (31 December 2022: RON 1,280,788 thousand) and from County Agency for
Intangible assets related to
concession agreements
Employee benefits
Impairment of trade receivables
Tax loss carried forward
Other items
Tax liabilities/(assets) before
set-off
Set off of tax
Net tax liabilities/(assets)
Intangible assets related to
concession agreements
Employee benefits
Impairment of trade receivables
Tax loss carried forward
Other items
Tax liabilities/(assets) before
set-off
Set off of tax
Net tax liabilities/(assets)
Deferred
tax
liabilities
36,980
208,015
-
-
-
-
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A496
497
Payments and Social Inspection is RON 18,981 thousand. From the total amount of subsidies to be received,
The reconciliation between the opening balances and the closing balances of the impairment for other
RON 1,528,679 thousand represent uncollected claims submitted to the state authorities and RON 1,085,856
receivables is as follows:
thousand claims not yet submitted to the state authorities as at 31 December 2023.
According to the legal provisions and regulations adopted regarding the recovery of these subsidies,
the amounts should be recovered within 40 days after submission of the required documentation to the
National Agency for Payments and Social Inspection or the Ministry of Energy, as the case may be.
The amounts should be recovered within 40 days of submission of the required documentation to the
National Agency for Payments and Social Inspection or the Ministry of Energy, as appropriate. Claims are
Loss allowance
Balance as at 1 January
Decrease in loss allowance
Balance as at 31 December
2023
20,480
(253)
20,227
2022
20,124
356
20,480
recorded under the line “Electricity distribution and supply”.
20 Cash and cash equivalents
The reconciliation between the opening balances and the closing balances of the impairment for trade
receivables in the form of lifetime expected credit losses is as follows:
Lifetime expected credit losses
Balance as at 1 January
Loss allowance recognized
Decrease in loss allowance
Amounts written off
Balance as at 31 December
2023
652,689
111,271
(35,198)
(88,544)
640,218
2022
980,858
146,203
(34,248)
(440,124)
652,689
The aging of trade receivables is presented in Note 30.
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.
Bank current accounts
Call deposits
Cash in hand
Total cash and cash equivalents in the consolidated statement of
financial position
31 December 2023
31 December 2022
223,213
153,997
5
377,215
141,656
193,219
12
334,887
In the context of the consolidated statement of cash flows, non-cash activity includes the netting of trade
receivables and trade payables in the amount of RON 160,104 thousand in 2023 (31 December 2022: RON
53,106 thousand).
21 Inventories
As at 31 December 2023 and 31 December 2022, inventories are as follows:
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 amounts written-
Spare parts
off in 2022 relates to Oltchim (please see Note 18 from prior year financial statements).
Consumables and other materials
The Group has considered all the information available without undue costs (including forward looking
Natural gas
information) that may affect the credit risk of its receivables since original recognition, thus recording a bad
Other inventories
31 December 2023
31 December 2022
35,057
50,060
25,536
13,692
(8,686)
29,589
53,527
23,319
17,004
(9,467)
115,659
113,972
Allowance for impairment of inventories
Total inventories
Inventories include mainly spare parts, consumables and the natural gas storage (applicable only for the
supply subsidiary) that was set up according to ANRE’s regulations. Spare parts refer mainly to items such
as cables, conductors, sockets, switches which are used for the distribution network.
As at 31 December 2023, the remaining quantity of natural gas stored is of MWh 143,870 (31 December 2022:
MWh 107,472), amounting to RON 25,536 thousand (31 December 2022: RON 23,319 thousand).
debt allowance in amount of RON 111,271 thousand.
19 Other receivables
VAT receivable
Receivables from EU funds
Other receivables
Lifetime expected credit losses
Total other receivables, net
31 December 2023
31 December 2022
12,762
45,194
56,103
(20,227)
93,832
13,024
13,932
120,777
(20,480)
127,253
Other receivables include mainly guarantees from energy suppliers and receivables to be recovered from
state authorities in respect to medical leave indemnities.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A498
499
22 Property, plant and equipment
The movements in property, plant and equipment in 2023 and 2022 are as follows:
Land and land
improvements
Buildings
Equipment
Vehicles,
furniture
and office
equipment
Construction
in progress
Total
252,798
202,557
91,801
96,950
29,188
673,297
Net carrying amounts
At 1 January 2022
At 31 December 2022
At 31 December 2023
Land and land
improvements
Buildings
Equipment
Vehicles,
furniture
and office
equipment
Construction
in progress
Total
252,798
189,079
251,835
185,217
47,213
44,132
301,483
216,466
39,873
5,775
2,089
455
10,554
505,419
16,117
499,390
36,718
594,994
Gross carrying amount
Balance at 31 December 2021
Reclassification of assets held for
sale
Balance at 1 January 2022
Additions
Transfer from construction in
progress
Disposals
Acquisition of subsidiary
Balance at 31 December 2022
Additions
Transfer from construction in
progress
Disposals
Effect of revaluation recognised in
other comprehensive income
Effect of revaluation recognised in
profit or loss
Decrease in gross value through
reversal of accumulated
depreciation
Balance at 31 December 2023
1,024
4,115
-
-
-
5,139
Tangible assets include mainly land, buildings and equipment.
253,822
206,672
91,801
96,950
29,188
678,433
As at 31 December 2023, the Group carried out a revaluation to fair value of property, plant and equipment
1,179
-
85
1,133
1,977
2,386
804
269
5,475
9,435
(3,778)
95
(3,276)
(1,093)
(1,844)
(838)
(9)
(7,060)
consisting of land, land improvements and buildings. The revaluation was carried out by an independent
chartered valuer Darian DRS S.A.
As a result of the revaluation, the gain recorded in the Consolidated Statement of Comprehensive Income
was RON 85,510 thousand and the gain recorded in the Consolidated Statement of Profit or Loss was RON
25
-
-
-
3,875
3,900
2,081 thousand.
251,835
206,712
94,320
97,185
34,751
684,803
763
-
(576)
936
124
-
46,999
38,511
2,462
(381)
-
(23,907)
239
1,862
371
110
21,872
24,181
-
2,096
Measurement of fair value
The Group’s land, land improvements and buildings are stated at their revalued amounts, being the
fair value at the date of revaluation, less any subsequent accumulated depreciation and subsequent
(5,236)
(1,308)
(1,271)
(8,391)
accumulated impairment losses. The fair value measurements of the Group’s land, land improvements and
-
-
-
-
-
-
-
-
-
85,510
2,081
(23,907)
buildings as at 31 December 2023 were performed by Darian DRS S.A., an independent valuer not related to
the Group. Darian DRS S.A. is member of the National Association of Authorised Romanian Valuers and has
appropriate qualifications and recent experience in the fair value measurement of properties in the relevant
locations. The valuation conforms to International Valuation Standards and was based on recent market
transactions on arm’s length terms for similar properties, whenever possible and discounted cash-flows
method.
301,483
221,995
91,185
96,358
55,352
766,373
There were no significant changes to the valuation technique in the period between the current revaluation
performed on 31 December 2023 and the previous one performed on 31 December 2020.
Accumulated depreciation and impairment losses
Balance at 1 January 2022
Depreciation
Accumulated depreciation of
disposals
Impairment loss
Balance at 31 December 2022
Depreciation
Accumulated depreciation of
disposals
Cancellation of accumulated
depreciation
Balance at 31 December 2023
-
-
-
-
-
-
-
-
-
44,588
91,175
18,634
167,875
13,478
8,022
7,378
(1,778)
(5)
-
4,515
(594)
-
-
-
-
19,915
(2,372)
(5)
21,495
50,188
95,096
18,634
185,413
7,450
6,499
2,442
-
(5,375)
(1,635)
(23,416)
-
-
-
-
-
16,391
(7,010)
(23,416)
5,529
51,312
95,903
18,634
171,378
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A500
501
The following table shows the valuation techniques used in measuring fair values (Level 3), as well as the
23 Intangible assets
significant unobservable inputs used.
Category
Valuation technique
Significant
unobservable inputs
Land and land
improvements
Market approach
The fair value is estimated based on selling price
per square meter of land of similar characteristics
(i.e. ownership, legal limitations, financing
and selling conditions, location, physical and
economical properties and best use). The market
price is mainly based on recent transactions.
• Adjustment for
liquidity, location,
size.
Buildings
Buildings were evaluated using the following
methods, depending on the best use and the
availability and credibility of available market
information:
The income approach:
The income approach is based on the
determination of the reproducible annual flow,
derived from the rental of the property and a
determination of the capitalization rate and
implicitly the multiplier factor.
Market approach
The market approach is based on the selling
price per square meter for buildings with similar
characteristics (i.e. ownership, legal limitations,
financing and selling conditions, location, physical
and economical properties, and best use),
adjusted for liquidity, location, size etc.
The cost approach
It was applied for fixed assets where it was
not possible to apply the market or income
approach, as is the case with rural housing. The
cost approach assumes that the maximum value
of a good for an informed buyer is the amount
needed to buy or build a new good with equivalent
utility. When the good is not new, all the forms of
depreciation that can be attributed to the good
must be deducted (deducted) from the current
new cost, until the evaluation date.
• Adjustment for
liquidity, location,
size.
Office space rent
• Occupancy rates
(between 85% and
90%)
• Capitalisation rates
(between 7% and 8%)
• Annual rent per sqm
(between 15 and 20
EUR/sqm), depending
on location;
Commercial space rent
• Occupancy rates
(between 80% and
90%)
• Capitalisation rates
(between 7% and 8%)
• Annual rent per sqm
(between 10 and 60
EUR/sqm), depending
on location
Inter-relationship
between key
unobservable
inputs and fair value
measurement
The estimated fair
value would increase/
(decrease) if:
• Adjustment for
liquidity, location or
size would be lower/
(higher)
The estimated fair
value would increase/
(decrease) if:
• Adjustment for
liquidity, location
or size would be
lower/(higher)
• Occupancy rates
were higher/(lower)
• Yield rates were
lower/(higher)
• Annual rent per sqm
was higher/(lower)
Intangible assets include mainly intangible assets related to distribution service concession agreements
recorded in accordance with IFRIC 12 “Service Concession Arrangements”, as well as licenses and costs of
SAP ERP implementation, customer management and billing system and other software, as follows:
Intangible
assets related
to concession
agreements
Intangible
assets from
capitalization
Software
and
licenses
Intangible
assets in
progress
Total
Gross book value
Balance at 1 January 2022
Additions
Transfers from intangible assets
in progress
Disposals
Additions
Transfers from tangible assets in
progress
Disposals
10,132,347
-
193,401
611,294
989,291
7,694
-
-
-
-
-
-
-
-
2
(1,006)
200,091
680
(11,106)
210,424
1,909
140
(2)
-
2,047
994
(680)
10,327,657
1,608,419
-
(1,006)
11,935,070
1,059,282
-
-
(11,106)
2,361
12,983,246
Balance at 31 December 2022
10,743,641
989,291
1,018,912
18,617
20,759
Balance at 31 December 2023
11,762,553
1,007,908
Accumulated amortization and
impairment losses
Balance at 1 January 2022
Amortization
Accumulated amortization of
disposals
Balance at 31 December 2022
Amortization
Accumulated amortization of
disposals
Balance at 31 December 2023
Net carrying amounts
At 1 January 2022
At 31 December 2022
At 31 December 2023
4,617,790
449,987
-
186,327
37,734
3,960
-
-
(1,005)
5,067,777
37,734
189,282
474,246
199,240
6,171
-
-
(10,490)
5,542,023
236,959
184,963
-
-
-
-
-
-
-
4,804,117
491,681
(1,005)
5,294,793
679,657
(10,490)
5,963,960
5,514,557
5,675,864
6,220,530
-
951,557
770,934
7,074
10,809
25,461
1,909
2,047
2,361
5,523,540
6,640,277
7,019,286
The Group applies IFRIC 12 for the accounting of the transactions under these concession contracts. (See
further details in Notes 4, 6(d) and 6(l)).
For the year ended 31 December 2023, the Group has recognized construction revenue related to the
concession agreements of RON 1,018,912 thousand (2022: RON 611,294 thousand) and construction costs of
RON 976,436 thousand (2022: RON 593,490 thousand).
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A502
503
The main information related to the current concession contracts agreements and the intangible assets
During 2023, capitalized costs with own technological consumption were RON 18,617 thousand, related to the
amounts recognized for each network distribution area is summarized below:
Muntenia Nord distribution area, as shown in the table below:
Network distribution
areas
Contract
date
Concession
period
(years)
Contract
expiry date
Concession
period
remaining
(years)
Renewal
option
Muntenia Nord area
Transilvania Nord area
Transilvania Sud area
2005
2005
2005
49
49
49
2054
2054
2054
33
33
33
Yes
Yes
Yes
Total
Net
carrying
amount
at 31
December
2023
Net
carrying
amount
at 31
December
2022
2,197,712
1,968,811
2,007,855
1,890,409
2,014,963
1,816,644
6,220,530
5,675,864
The concession contracts can be prolonged for a period up to half of the initial established period of 49
years.
The investments in relation to the development and modernization of the infrastructure incurred in 2023
refers mainly to:
• Modernization of the current transformer points and stations, current underground and overhead power
lines in amount of RON 484,220 thousand (2022: RON 139,487 thousand);
• Investments related to improvements for electricity distribution network in amount of RON 81,660
thousand (2022: RON 79,132 thousand).
• Significant construction works of new transformer stations, new underground and overhead power lines
in amount of 2023: RON 144,980 thousand (2022: RON 148,404 thousand);
• Acquisition of own car fleet, including utilities vehicles and specialized vehicles in amount of RON 0
thousand; (2022: RON 58,256 thousand);
• Modernization and inclusion in SCADA (which is an automatic control system which monitors the
equipment) of transformers points and stations, in amount of RON 24,880 thousand (2022: RON 164
thousand);
During 2022 and 2023, the additional expenses for actual energy costs as compared with the ex-ante ANRE
prices recognised in distribution tariffs are capitalised as intangible assets. These costs will be recuperated
in tariffs in 5 years.
Network distribution
areas
Net carrying amount at
31 December 2022
Intangible asset
01 Oct-31 Dec 2023 (gross
value)
Amortisation
during 2023
Net carrying amount
at 31 December 2023
Muntenia Nord area
Transilvania Nord area
Transilvania Sud area
Total
374,613
329,937
247,007
951,557
24 Investments in associates
18,617
-
-
78,045
65,965
55,230
18,617
199,240
315,185
263,972
191,777
770,934
On 28 July 2021 and on 7 December 2021, Electrica SA concluded four agreements for the sale-purchase
of shares in four project companies having as main activity the production of electricity from renewable
sources. The sale-purchase agreements concluded, mention the fact that in the first stage the Group
acquires 30% of the share capital of the four companies, remaining that in the following stages, to acquire
the remaining 70% of the share capital after the conditions provided in the sale-purchase agreements will
be fulfilled. By the end of 31 December 2023, three of the project companies were acquired by at least 60%
(please see Note 1), therefore they are accounted as subsidiaries, the other one is as follows:
• Crucea Power Park SRL. develops the wind project „Crucea Est”, with a projected installed capacity of
121 MW and a projected electricity storage capacity of 60 MWh (15 MW x 4h), located outside the Crucea
area, Constanta County. The estimated purchase price for the „Crucea Est” wind project is 70 thousand
EUR/MW for the aforementioned capacity, totalling the amount of 8,470 thousand EUR. On 28 July 2021,
Electrica SA paid the amount of EUR 2,541 thousand representing 30% of the project value, respectively
30% of the shares of Crucea Power Park SRL. On 15 May 2023, Electrica acquired a further 10% of the
shares and voting interests in Crucea Power Park S.R.L. As a result, the Group’s shareholding increased
from 30% to 40%.
Considering the holding percentage of 40%, as at 31 December 2023, the entity is accounted for using the
equity method in these consolidated financial statements as provided in the Group’s accounting policies in
Note 6.
The cost of the investments at acquisition date, totalling the amount of RON 12,500 thousand, is detailed as
The capitalised costs with own technological consumption are recognized for each network distribution
follows:
area, the first asset being recorded on 30 September 2022 and the second one on 31 December 2022, is
summarized below:
Network distribution
areas
Muntenia Nord area
Transilvania Nord area
Transilvania Sud area
Total
Intangible asset
01 Jan-30 Sep 2022
(gross value)
Intangible asset
01 Oct-31 Dec 2022
(gross value)
Amortisation
during 2022
Net carrying amount
at 31 December 2022
Acquisition date
Percentage ownership and voting rights at acquisition date
302,413
258,513
193,881
754,807
87,321
84,342
62,820
234,483
15,121
12,919
9,694
37,734
374,613
329,937
247,007
951,557
Net assets at acquisition date
Group’s share of net assets
Goodwill
Cost of investment at acquisition date
Crucea Power Park S.R.L.
31.07.2021
30%
(242)
(73)
12,573
12,500
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A504
505
Summarised financial information in respect of the Group’s associate is set out below:
The holders of ordinary shares are entitled to receive dividends as declared and are entitled to one vote per
Crucea Power Park S.R.L.
31.12.2023
share in the shareholders’ meetings of the Company, except for the 6,890,593 treasury shares purchased by
the Company in July 2014 in order to stabilize the price. All shares rank equally and confer equal rights to the
net assets of the Company’s, except for treasury shares.
Non-current assets
Current assets
Non-current liabilities
Current liabilities
Net assets
Reconciliation to carrying amounts:
Opening net assets at acquisition date
Additions net assets/liabilities
Loss for the period
Closing net assets 31.12.2023
Reconciliation of the financial information summarized above with the net accounting value of the
participation in the associated entity recognized in the consolidated financial statements:
9,199
1,187
(10,376)
(45)
(36)
(246)
293
(83)
(36)
The Company recognizes changes in share capital only after their approval in the General Shareholders
Meeting and their registration by the Trade Register. The contributions made by the shareholders which are
not yet registered with the Trade Register at year end are recognized as pre-paid capital contributions from
shareholders.
The share premium resulted at IPO was RON 171,128 thousand. The transaction costs of RON 68,079 thousand
were deducted from the share premium.
Following the SPO that took place in November 2019, the share capital of Electrica SA was increased by in
kind and in cash contribution, with the amount of RON 5,037 thousand, from the amount of RON 3,459,399
thousand to the amount of RON 3,464,436 thousand, by issuing a number of 503,668 new nominative and
dematerialized shares with a nominal value of 10 RON/share.
The costs generated by the secondary public offering were in amount of RON 964 thousand. Also, the
Company recorded gains referring to share issue of RON 2,186 thousand, resulting from the difference
between the contribution value of the plots of land and their value recorded as pre-paid capital
contributions in kind from shareholders.
Closing net assets of associates 31.12.2023
Group’s share in associates %
Group’s share of net assets as at 31.12.2023
Goodwill
Carrying amount of interest in associate 31.12.2023
Crucea Power Park S.R.L.
(b) Treasury shares reserve
(36)
40%
(14)
16,652
16,638
In July 2014, the Company purchased 5,206,593 ordinary shares and 421,000 Global Depositary Receipts,
equivalent to 1,684,000 shares (totalling 6,890,593 shares). The total amount paid for acquiring the shares
and Global Depositary Receipts was RON 75,372 thousand.
(c) Revaluation reserve
The reconciliation between opening and closing balance of revaluation reserve is as follows:
The share loss in amount of RON 39 thousand for the period was recognized in the consolidated statement
of profit and loss for the year ended as at 31 December 2023.
25 Capital and reserves
(a) Share capital and share premium
The issued share capital in nominal terms consists of 346,443,597 ordinary shares as at 31 December 2023
(31 December 2022: 346,443,597) with a nominal value of RON 10 per share. As of 4 July 2014, after the Initial
Public Offering (“IPO”), the Company’s shares are listed on the Bucharest Stock Exchange and the Global
Depositary Receipts are listed on the London Stock Exchange.
The shares owned by the Company’s shareholders that are traded on the London Stock Exchange are the
global depositary receipts (GDRs). A global depositary receipt represents four shares. The Bank of New
York Mellon is the depositary bank for these securities. The GDRs’ weight in Electrica’s total share capital
diminished following the Initial Public Offering, reaching a level of 0.7842% at the end of 2021 as compared to
10.17% at 4 July 2014.
Balance at 1 January
Revaluation reserve for tangible fixed assets
Deferred tax relating to the revaluation reserve
Release of revaluation reserve to retained earnings corresponding to
depreciation and disposals of property, plant and equipment
Balance as at 31 December
2023
2022
92,117
85,510
(13,699)
102,829
-
-
(4,392)
(10,712)
159,536
92,117
As at 31 December 2023, the Group has revalued its land, land improvements and buildings to fair value. The
previous revaluation was carried out on 31 December 2020 (see note 22).
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A506
507
(d) Legal reserves
Electricity suppliers are mainly state-owned electricity producers, as detailed in Note 31, but also other
Legal reserves are set up as 5% of the gross profit for the year in the statutory individual financial
statements of the companies within the Group, until the total legal reserves reach 20% of the paid-up
Other suppliers include suppliers of services, materials, consumables, etc.
participants to the electricity market.
nominal share capital of each company, according to the legislation. These reserves are deductible for
income tax purposes and are not distributable.
27 Other payables
Balance at 1 January 2022
Set-up of legal reserves
Balance at 31 December 2022
Set-up of legal reserves
Balance at 31 December 2023
(e) Dividends
Legal reserves
408,405
21,178
429,583
19,780
449,363
VAT payable
Liabilities towards the State
Other liabilities
Total
31 December 2023
31 December 2022
Current
Non-current
Current
Non-current
588,814
33,372
412,898
-
-
565,075
11,733
37,161
290,728
1,035,084
37,161
867,536
-
-
72,432
72,432
Other liabilities include mainly guarantees, sundry creditors, connection fees, habitat tax and cogeneration
contribution. Other non-current liabilities refer to guarantees from customers related to electricity supply.
28 Provisions
Romanian companies may distribute dividends from statutory profits, according to the separate financial
statements prepared in accordance with Romanian accounting regulations.
The dividends declared by the Company in 2023 and 2022 (from the statutory profits of previous years) are
as follows:
To the owners of the Company
Total
2023
39,999
39,999
2022
152,799
152,799
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). When calculating the dividend per share, the Company’s repurchased own
shares (6,890,593 shares) were not considered as outstanding shares and are deducted from the total
number of issued ordinary shares.
Distribution of dividends
Balance at 1 January 2023
Provisions recognized
Provisions utilised
Provisions reversed
Balance at 31 December 2023
As at 31 December 2023, provisions refer mainly to benefits upon the termination of executive directors’
mandate contracts in the form of a non-compete clause amounting to RON 710 thousand (31 December
2022: RON 1,839 thousand) and for various claims and litigations involving the Group companies in amount
of RON 40,457 thousand (31 December 2022: RON 51,862 thousand) of which the most significant was for the
Out of the dividends declared by the Company of RON 39,999 thousand (2022: RON 152,799 thousand),
distribution segment amounting to RON 24,345 thousand for a dispute with ANCOM.
the dividends paid were of RON 39,894 thousand (2022: RON 152,447 thousand) the remaining difference
represents dividends uncollected by the shareholders.
26 Trade payables
Electricity suppliers
Capital expenditure suppliers
Other suppliers
Total
31 December 2023
31 December 2022
1,005,761
453,014
212,703
970,815
243,715
192,567
1,671,478
1,407,097
For the supply segment, starting with July 2022, from the amendment of the Performance Standard 82/2021,
the compensations are calculated daily or weekly and paid to the customers. Thus, for the provision
recognised until 31 December 2022, amounting to RON 11,020 thousand, a reversal of RON 8,770 thousand
was recorded during 2023 and an additional provision of RON 1,482 thousand was set up for the period
January-December 2023.
Tax related
Other
1,084
-
-
-
1,084
52,617
7,924
(229)
(20,229)
40,083
Total
53,701
7,924
(229)
(20,229)
41,167
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A508
509
29 Bank borrowings and overdrafts
Drawings and repayments of borrowings during the year ended 31 December 2023 were as follows:
Currency
Interest rate
Maturity year
Amount (RON
thousand)
Balance at 1 January 2023
Drawings of borrowings during the period,
out of which:
EBRD
Exim Bank Romania
Vista Bank
CEC Bank
ERSTE Group Bank and Raiffeisen Bank
Total drawings
Accumulated interest
Payment of interest out of which paid in 2022
Reimbursements, out of which:
BRD
BRD
BRD
Banca Transilvania
Unicredit Bank
BCR
EBRD
Exim Bank Romania
Balance at 31 December 2023
Floating rate
(2.1% + interbank rate +
ROBOR spread)
ROBOR 3M+1.65%
ROBOR 3M+2.95%
ROBOR 3M+2.85%
ROBOR 3M +1.16%
3.99%
3.85%
3.85%
4.59%
3.85%
ROBOR 3M+1%
Floating rate
(1.15% + interbank rate +
ROBOR spread)
ROBOR 3M+1.65%
RON
RON
RON
RON
RON
RON
RON
RON
RON
RON
RON
RON
RON
760,713
180,000
245,890
25,000
200,000
91,768
742,658
11,125
(9,124)
187,730
20,800
14,286
11,425
17,857
9,600
18,950
11,478
83,334
1,317,642
2028
2024
2024
2026
2024
2026
2028
2028
2027
2026
2028
2031
2024
As at 31 December 2023, respectively 31 December 2022, the bank borrowings is as follows:
Lender
Borrower
Banca Transilvania
Distributie Energie Electrica Romania
(formerly SDEE Transilvania Sud S.A.)
UniCredit Bank
BRD
BRD
BRD
Distributie Energie Electrica Romania
(formerly SDEE Transilvania Nord S.A.)
Distributie Energie Electrica Romania
(formerly SDEE Muntenia Nord S.A.)
Distributie Energie Electrica Romania
(formerly SDEE Transilvania Nord S.A.)
Distributie Energie Electrica Romania
(formerly SDEE Transilvania Sud S.A.)
Balance at
31 December
2023
Balance at
31 December
2022
62,508
80,367
29,103
38,793
62,400
83,200
64,286
78,571
51,467
62,904
Lender
Borrower
BCR
EBRD
EBRD
Distributie Energie Electrica Romania
(formerly SDEE Muntenia Nord S.A.)
Distributie Energie Electrica Romania
Distributie Energie Electrica Romania
CEC Bank
Electrica Furnizare S.A.
Exim Bank Romania
Distributie Energie Electrica Romania
Vista Bank
Societatea Energetica Electrica S.A.
ERSTE Group Bank
and Raiffeisen Bank
Total
Societatea Energetica Electrica S.A.
Less: current portion of the long-term bank borrowings
Less: accumulated interest
Total long-term borrowings, net of current portion
Balance at
31 December
2023
Balance at
31 December
2022
90,542
109,785
189,971
182,773
200,000
167,825
125,000
91,768
202,983
-
-
4,110
100,000
-
1,317,642
760,713
(512,169)
(104,400)
(11,125)
794,348
(9,120)
647,193
Bank Borrowings description:
loan amount: RON 60,000 thousand; Interest rate:
a) Investment loan granted by Banca Transilvania
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 purpose of financing
investments in the electricity distribution network,
according to the investment plan. Main provisions
are: Maximum loan amount: RON 125,000 thousand;
fixed, 3.85% per annum; Reimbursements: quarterly
instalments until 13.11.2026; Grace period: 12 months.
As at 31 December 2023, the outstanding balance is of
RON 29,103 thousand, of which RON 28,800 thousand
principal and RON 303 thousand accrued interest.
(Outstanding balance as at 31 December 2022: RON
38,793 thousand).
c) Investment loan granted by BRD – Groupe Societe
Generale
Interest rate: fixed, 4.59% per annum; Reimbursements:
On 29 October 2019, Societatea de Distributie a Energiei
quarterly instalments until 30.06.2027; Grace period:
Electrice Muntenia Nord S.A., currently Distributie
12 months. As at 31 December 2023, the outstanding
Energie Electrica Romania S.A., as borrower, concluded
balance is of RON 62,508 thousand, of which RON
with BRD – Groupe Societe Generale an investment
62,500 thousand principal and RON 8 thousand
credit agreement with the purpose of financing
accrued interest. (Outstanding balance as at 31
investments in the electricity distribution network,
December 2022: RON 80,367 thousand).
according to the investment plan. Main provisions
b) Investment loan granted by Unicredit Bank
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
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 31 December 2023, the outstanding
balance is of RON 62,400 thousand. (Outstanding
balance as at 31 December 2022: RON 83,200
thousand).
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
510
511
d) Investment loan granted by BRD – Groupe Societe
annum; Reimbursements: quarterly instalments until
the European Investment Bank an investment credit
The main provisions are: The maximum value of the
Generale
2028; Grace period: 12 months. As at 31 December
contract, representing the second part of the Approved
loan RON 180,000 thousand; Interest rate: agreed
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
2023, the outstanding balance is RON 90,542 thousand,
Credit in the amount of EUR 210,000 thousand for the
individually for each tranche drawn; Repayments:
of which RON 90,011 thousand principal and RON 531
purpose of financing investments in the electricity
14 quarterly instalments until 31.01.2028; Grace
thousand accrued interest. (Outstanding balance as
distribution network according to the 2021-2023
period: 18 months. Maximum credit amount: 180,000
at 31 December 2022: RON 109,785 thousand).
investment plan. The main provisions are: Maximum
thousand RON; Interest rate: ROBOR 3M + 2.10%. As at
investment credit agreement with the purpose of
g) Investment loan granted by the European Bank for
financing investments in the electricity distribution
Reconstruction and Development (“EBRD”)
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
On 2 July 2021, Societatea de Distributie Energie
Electrica Romania SA, as a borrower, concluded
with the European Bank for Reconstruction and
2028; Grace period: 12 months. As at 31 December 2023,
Development a credit agreement for investments
the outstanding balance is of RON 64,286 thousand.
(Outstanding balance as at 31 December 2022: RON
78,571 thousand).
in order to finance investments in the electricity
distribution network according to the 2021-2023
investment plan. The main provisions are: The
value of the loan: EUR 90,000 thousand; Interest rate
19 December 2023, the value of the loan increased
and Repayments will be agreed individually for each
to 240,000 thousand RON. As at 31 December 2023,
tranche drawn. On 31 December 2023, the outstanding
the outstanding balance is RON 182,775 thousand, of
balance is Nil as no withdraw was made from the loan.
which RON 180,000 thousand principal and RON 2,775
The loan agreement is guaranteed by Electrica SA.
thousand accrued interest. The loan agreement is
j)
Loan for financing current activity granted by
guaranteed by Electrica SA.
Eximbank Romania
m) Multicredit facility for multiple financing by
On 22 December 2022, Distributie Energie Electrica
Romania S.A., as a borrower, concluded with Eximbank
accessing cash and non-cash products granted
by CEC BANK SA (“CEC”)
e) Investment loan granted by BRD – Groupe Societe
Interest rate: agreed individually for each tranche
The main provisions are: Maximum loan amount:
borrower, concluded a Facility Agreement Multicredit.
Generale
drawn; Repayments: 17 half-yearly instalments
until 31.07.2031; Grace period: 24 months. As at 31
250,000 thousand RON; Interest rate: ROBOR 3M +1.65 %
The main provisions are: The maximum value of the
p.a.; Repayments: 6 equal quarterly instalments; Grace
loan RON 150,000 thousand; Interest rate: ROBOR
maximum value of the loan RON 195,136 thousand;
Romania a credit agreement for a period of 24 months.
On 4 August 2023, Electrica Furnizare S.A., as the
December 2023, the outstanding balance is RON
period: 6 months.
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
189,970 thousand, of which RON 183,657 thousand
principal and RON 6,313 thousand accrued interest.
The loan agreement is guaranteed by Electrica SA.
(Outstanding balance as at 31 December 2022: RON
202,983 thousand.
for 2020. Main provisions are: Maximum loan amount:
h) Investment loan granted by the European
RON 80,000 thousand; Interest rate: fixed, 3.85% per
Investment Bank (“EIB”)
annum; Reimbursements: quarterly instalments until
2028; Grace period: 12 months. As at 31 December
2023, the outstanding balance is RON 51,467 thousand,
of which RON 51,429 thousand principal and RON 39
thousand accrued interest. (Outstanding balance as
at 31 December 2022: RON 62,904 thousand).
On 14 July 2021, Societatea de Distributie Energie
Electrica Romania SA, as a borrower, concluded with
the European Investment Bank an investment credit
contract, representing the first part of the Approved
Credit in the amount of EUR 210,000 thousand for the
purpose of financing investments in the electricity
f)
Investment loan granted by Banca Comerciala
distribution network according to the 2021-2023
Romana (“BCR”)
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
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 31 December 2023, the outstanding
balance is Nil as no withdraw was made from the loan.
The loan agreement is guaranteed by Electrica SA.
credit agreement with the purpose of financing
i)
Investment loan granted by the European
investments in the electricity distribution network,
Investment Bank (“EIB”)
according to the approved investment plan for 2020.
Main provisions are: Maximum loan amount: Ron
155,000 thousand; Interest rate: ROBOR 3M+1% per
On 7 December 2021, Societatea de Distributie Energie
Electrica Romania SA, as a borrower, concluded with
On 31 December 2023, the outstanding balance
is RON 167,825 thousand. The loan benefits from a
guarantee in the name and account of the state and is
3M+2.85%; full repayment at maturity; Maturity date: 03
August 2026. As at 31 December 2023, the outstanding
balance is RON 200,000 thousand. The loan agreement
is guaranteed by Electrica SA.
guaranteed by Electrica SA. (Outstanding balance as
n) Syndicated credit facility granted by Erste Group
at 31 December 2022: RON 4,110 thousand).
Bank AG and Raiffeisen Bank SA
k)
Line of Credit for working capital and for issuing
On 2 November 2021, Electrica S.A., as borrower, entered
Bank Guarantee Letters granted by Vista Bank
into a syndicated credit facility with Erste Group
Bank AG and Raiffeisen Bank SA. The main provisions
are: Maximum loan amount RON 750,000 thousand;
Interest rate: ROBOR 3M+1.16%. On 3 November 2023
the loan was extended for a period of one year and
the maximum loan amount was reduced to RON
450,000,000. As at 31 December 2023 the balance of
the loan is RON 91,768 thousand, of which principal
RON 91,768 thousand and accrued interest RON 619
thousand (31 December 2022: RON 0.0 thousand).
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 31 December
2023, the balance of the loan is 125,000 thousand RON.
(Outstanding balance as at 31 December 2022: RON
100,000 thousand).
l)
Investment loan granted by the European Bank for
Reconstruction and Development (“EBRD”)
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.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A512
513
Overdrafts
30 Financial instruments - fair values and risk management
Until the authorization for issue of these Consolidated Financial Statements by the Board of Directors, the
(a) Accounting classifications and fair values
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 S.A., Alpha Bank and UniCredit)
with a total overdraft limit of up to RON 2,963,947 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 31
December 2023 is of RON 2,851,221 thousand (31 December 2022: RON 2,571,037 thousand).
Lender (overdrafts)
Borrower
ING Bank N.V
Alpha Bank
BCR
BRD
Societatea Energetica Electrica S.A.
Electrica Furnizare S.A.
Electrica Furnizare S.A.
Electrica Furnizare S.A.
Banca Transilvania
Electrica Furnizare S.A.
ING Bank N.V
Electrica Furnizare S.A.
Raiffeisen Bank
Electrica Furnizare S.A.
UniCredit Bank
Electrica Furnizare S.A.
BNP Paribas
Electrica Furnizare S.A.
BCR
Distributie Energie Electrica Romania S.A
Banca Transilvania
Distributie Energie Electrica Romania S.A
ING Bank N.V
Distributie Energie Electrica Romania S.A
Intesa San Paolo
Distributie Energie Electrica Romania S.A
Raiffeisen Bank
Distributie Energie Electrica Romania S.A
Total overdrafts
Financial Covenants
Balance at 31
December 2023
Balance at 31
December 2022
206,986
213,702
378,887
218,817
187,194
170,602
369,274
302,399
28,830
210,593
159,544
49,682
135,815
218,895
209,138
147,497
227,311
216,570
185,528
169,600
343,001
300,294
-
208,412
158,965
49,855
135,096
219,770
Financial assets are measured at amortised cost as 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.
The Group assessed that the carrying amount is a reasonable approximation of the fair value for the financial
assets and financial liabilities.
(b) Financial risk management
The Group has exposure to the following risks arising from financial instruments:
• credit risk;
• liquidity risk;
• market risk.
These risks are further explained and detailed.
(i) Credit risk
Credit risk is the risk of financial loss to the Group if a customer or counterparty to a financial instrument fails to
meet its contractual obligations, and arises principally from the Group’s receivables from customers, cash and
cash equivalents, restricted cash and bank deposits.
The Group’s exposure to credit risk is influenced mainly by the individual characteristics of each customer. In the
past, the Group had a high credit risk mainly from State-owned companies.
2,851,221
2,571,037
Cash and bank deposits are placed in financial institutions which are considered to have low risk of default.
The carrying amount of financial assets represents the maximum credit exposure.
The financial covenants specified in the agreements with BRD – Groupe Societe Generale, Unicredit Bank, Banca
Trade receivables
Comerciala Romana, European Bank for Reconstruction and Development and European Investment Bank have
The Group’s credit risk in respect of receivables was concentrated in the past around state-controlled
been fulfilled as at 31 December 2023.
Pledged Assets
On 31 December 2023, for several overdrafts the Group has pledges (guarantees) for trade receivables amounts,
as specified on contracts.
Bank Guarantees
The maximum limit of the facility for issuing bank guarantees (credit facility for issuing guarantee instruments
and multi-product lines) RON 3,110,456 thousand, of which non-cash uses RON 1,104,986 thousand.
companies and in the recent years refers to clients that are facing financial difficulties in their industries due to
specific changes in circumstances in their industry sector. The Group has implemented a policy on credit risk
management and is also considering securing trade receivables. Also, the electricity supply contracts include
termination clauses in certain circumstances.
The Group establishes an allowance for impairment that represents the amount of expected credit losses,
calculated based on the expected loss rate.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A514
515
Impairment
Exposure to liquidity risk
The following table provides information about the exposure to credit risk and expected credit losses for trade
The following are the remaining contractual maturities of financial liabilities at the reporting date. The amounts
receivables for customers as at 31 December 2023:
are gross and undiscounted.
31 December 2023
Contractual cash flows
Neither past due nor impaired
Past due 1-30 days
Past due 31-60 days
Past due 61-90 days
Past due more than 90 days
Total
Expected
credit loss
rates (“ECL”)
Gross value
Lifetime ECL
Net trade
Credit
receivables
impaired
2%
7%
14%
37%
92%
2,229,339
(35,330)
2,194,009
255,100
(16,875)
238,225
47,635
25,927
(6,670)
(9,640)
622,659
(571,703)
40,965
16,287
50,956
3,180,660
(640,218)
2,540,442
No
No
No
No
Yes
The Group performed a sensitivity analysis and a 5% increase in the expected credit loss rates would not lead a
material impact on the results of the Group.
31 December 2022
Expected
credit loss
rates (“ECL”)
Gross value
Lifetime ECL
Net trade
Credit
receivables
impaired
3%
4%
16%
35%
95%
1,951,656
(60,310)
1,891,346
490,985
(19,342)
471,643
66,365
27,259
(10,488)
(9,671)
582,426
(552,878)
55,877
17,588
29,548
No
No
No
No
Yes
Neither past due nor impaired
Past due 1-30 days
Past due 31-60 days
Past due 61-90 days
Past due more than 90 days
Total
Financial liabilities
Carrying
amount
Total
less than
1 year
1-2 years
2-5 years
more than
5 years
31 December 2023
Bank overdrafts
Lease liability
2,851,221
2,851,221
2,851,221
-
-
-
43,195
43,195
14,052
9,920
3,980
15,243
Long term bank borrowings
1,317,642
1,317,642
523,294
258,923
475,905
59,520
Trade payables
Total
31 December 2022
Bank overdrafts
Lease liability
Trade payables
Total
(iii) Market risk
1,671,478
1,671,478
1,671,478
-
-
-
5,883,536
5,883,536
5,060,045
268,843
479,885
74,763
2,571,037
2,571,037
2,571,037
-
-
-
53,673
53,673
19,211
10,795
10,645
13,022
760,713
760,713
113,520
354,471
200,505
92,217
1,407,097
1,407,097
1,407,097
-
-
-
4,792,520
4,792,520
4,110,865
365,266
211,150
105,239
Market risk is the risk that changes in market prices – such as foreign exchange rates and interest rates – will
affect the Group’s income or the value of its financial instruments held. The objective of market risk management
is to manage and control market risk exposures within acceptable parameters, while optimising the return.
Currency risk
The Group is exposed to currency risk to the extent that there is a mismatch between the currencies in which
sales, purchases and borrowings are denominated and the functional currency of the Group. The functional
The following table provides information about the exposure to credit risk and expected credit losses for trade
Long-term bank borrowings
receivables for customers as at 31 December 2022:
3,118,691
(652,689)
2,466,002
currency of all entities belonging to the Group is the Romanian Leu (RON).
Details of the main movements in the allowances for doubtful debts are disclosed in Note 18.
(ii) Liquidity risk
Liquidity risk is the risk that the Group will encounter difficulty in meeting the obligations associated with its
financial liabilities that are settled by delivering cash or another financial asset. The Group’s approach to
managing liquidity is to ensure, as far as possible, that it will have sufficient liquidity to meet its liabilities when
they are due, under both normal and stressed conditions, without incurring unacceptable losses.
The Group aims to maintain the level of its cash and cash equivalents at an amount in excess of expected cash
outflows on financial liabilities. The Group also monitors the level of expected cash inflows on trade receivables
together with expected cash outflows on trade and other payables. In addition, the Group maintains overdrafts
(refer to Note 29).
The currency in which these transactions are primarily denominated is RON. Certain liabilities are denominated in
foreign currency (EUR). The Group also has deposits and bank accounts denominated in foreign currency (EUR).
The Group’s policy is to use the local currency in its transactions as far as practically possible. The Group does not
use derivative or hedging instruments.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A516
517
Exposure to currency risk
Exposure to interest rate risk
The summary of quantitative data about the Group’s exposure to currency risk is as follows:
The interest rate profile of the Group’s interest-bearing financial instruments is as follows:
in thousands of RON
Cash and cash equivalents
Lease liability
Net statement of financial position exposure
31 December 2023
31 December 2022
denominated in EUR
denominated in EUR
347
(42,231)
(41,844)
277
(21,004)
(20,727)
The following significant exchange rates have been applied during the year:
RON
EUR 1
Sensitivity analysis
Average rate
Year-end spot rate
2023
4.9465
2022
4.9315
2023
4.9746
2022
4.9474
Fixed-rate instruments
Financial assets
Call deposits
Financial liabilities
Long-term bank borrowings
Lease liability
Total
Variable-rate instruments
Financial liabilities
A reasonably possible strengthening (weakening) of the EUR against RON at 31 December would have affected
Lease liability
the measurement of financial instruments denominated in a foreign currency and profit before tax by the
amounts shown below. The analysis assumes that all other variables, in particular interest rates, remain constant
and ignores any impact of forecast sales and purchases.
Long-term bank borrowings
Bank overdrafts
Total
31 December 2023
31 December 2022
153,997
193,219
(1,068,912)
(32,312)
(947,227)
(651,752)
(37,378)
(495,911)
(10,883)
(248,730)
(16,295)
(108,961)
(2,851,221)
(2,571,037)
(3,110,834)
(2,696,293)
Effect
31 December 2023
EUR (5% movement)
31 December 2022
EUR (5% movement)
Interest rate risk
Profit before tax
Strengthening
Weakening
Fair value sensitivity analysis for fixed-rate instruments
(2,092)
(1,036)
2,092
1,036
The Group does not account for any fixed-rate financial assets or financial liabilities at fair value through profit or
loss. Therefore, a change in interest rates at the reporting date would not affect profit or loss.
Cash flow sensitivity analysis for variable-rate instruments
A reasonably possible change of 50 basis points in interest rates at the reporting date would have increased
(decreased) profit before tax by the amounts shown below. This analysis assumes that all other variables, in
particular foreign currency exchange rates, remain constant.
For financing purposes, the Group uses both medium and long-term bank loans and short-term loans in the form
of overdraft facilities (please see Note 29).
The Group is exposed to interest rate risk because entities in the Group borrow funds at both fixed and floating
interest rates. The risk is managed by the Group by maintaining an appropriate mix between fixed and floating
rate borrowings (please see Note 29), as the long-term borrowings are contracted mainly at fixed rates, while the
overdraft facilities bear variable rates. The Group does not have in place hedging contracts for interest rate.
The Groups exposures to interest rates on financial assets and financial liabilities are detailed below. The Group is
exposed to the interest rate benchmark ROBOR, which is the interest rate on the Romanian interbank market.
31 December 2023
Variable-rate instruments
31 December 2022
Variable-rate instruments
Profit before tax
50 bp increase
50 bp decrease
(15,554)
15,554
(13,481)
13,481
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
518
519
31 Related parties
(a) Main shareholders
Supplier
2023
2022
31 December 2023
31 December 2022
Purchases (without VAT)
Balance (including VAT)
As at 31 December 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 a share of ownership of 48.79% from the share
Electrocentrale Bucuresti
capital.
(b) Management and administrators’ compensation
Executive Management compensation
2023
36,623
2022
34,726
ANRE
Transgaz
Others
Total
-
16,763
7,638
5,945
191,862
10,458
8,029
7,768
-
12
1,850
1,513
-
14
986
1,168
5,585,186
6,299,475
635,845
426,562
Executive management compensation refers to both the managers with mandate contract and those with
supply of electricity, of which the most important transactions are the following:
The Group also makes sales to companies in which the State has control or significant influence representing
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:
Members of Board of Directors
2023
4,151
2022
3,063
Electrica SA’s Board of Directors comprises 7 members. According to the remuneration policy approved by the
General Meeting of Shareholders that took place on 20 April 2022, the annual number of paid sessions is limited
to twelve for Board of Directors meetings and to six for each of the committees. Additional committee meetings
can be organized only in exceptional situations, upon the Chairs’ committee decision, who are responsible to
efficiently organize the agenda and activity. However, only one such additional meeting shall be remunerated, for
each committee.
No loans were granted to directors or administrators in 2023 and 2022.
(c) Transactions with companies in which the state has control or significant influence
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, transport and system services and sale of
electricity. Significant purchases and balances are mainly with energy producers/suppliers, as follows:
Supplier
OPCOM
Transelectrica
Nuclearelectrica
Hidroelectrica
Complexul Energetic Oltenia
OMV Petrom SA
SNGN Romgaz SA
Purchases (without VAT)
Balance (including VAT)
2023
2022
31 December 2023
31 December 2022
2,879,757
2,727,101
671,172
799,117
44,631
1,107,474
-
52,689
968,470
866,763
581,598
478,813
261,123
197,490
212,746
170,242
107,671
37
132,693
-
9,081
23,981
185,856
93,013
42,493
45,257
26,349
7,445
Sales
Balance, gross
Allowance
(without VAT)
(including VAT)
(including VAT)
Balance, net
Client
OPCOM
Transelectrica
C.N.C.F CFR S.A.
SNGN Romgaz SA
Hidroelectrica
CN Romarm
CFR Electrificare
Transgaz
CN Remin SA
C.N.C.A.F MINVEST SA
Oltchim
CET Braila
Termoelectrica
2023
37,429
157,861
114,009
32,762
288,923
25,158
19,043
1,684
923
-
-
14
-
2,174
44,220
33,841
-
32,882
4,279
2,347
544
71,347
26,802
115,426
3,378
1,206
County Agency for Payments and
Social Inspection
18,981
18,981
Ministry of Energy/ National Agency
for Payments and Social Inspection
3,287,858
2,605,684
31 December 2023
-
-
5
-
-
-
-
-
71,216
26,802
115,426
3,361
1,206
-
-
2,174
44,220
33,836
-
32,882
4,279
2,347
544
131
-
-
17
-
18,981
2,605,684
Others
Total
211,691
9,173
364
8,809
4,196,336
3,008,780
218,380
2,790,400
(*) In the 12-month period ended 31 December 2023, Electrica Furnizare S.A. recognised subsidies amounting to RON 3,306,839 thousand, to
be received from the Ministry of Energy/National Agency for Payments and Social Inspection, as a result of the application of the price cap
mechanism for electricity and natural gas according to the legislation in force.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A520
521
Balance, gross
(including VAT)
Allowance
Balance, net
31 December 2022
-
-
9
-
-
-
-
71,148
26,802
115,943
3,361
1,206
-
522
22,630
112,754
2,245
16,429
648
2,089
764
132
-
-
3
-
1,322,311
10,754
Client
OPCOM
Transelectrica
SNGN Romgaz SA
Hidroelectrica
CN Romarm
CFR Electrificare
Transgaz
CN Remin SA
C.N.C.A.F MINVEST SA
Oltchim
CET Braila
Termoelectrica
Sales
(excluding
VAT)
2022
326,640
314,253
86,353
68,716
17,386
10,332
11,580
704
-
-
5
-
22,630
112,754
2,253
16,429
648
2,089
764
71,279
26,802
115,943
3,365
1,206
Ministry of Energy/ National Agency
for Payments and Social Inspection
2,687,131
1,322,311
127,686
11,277
Others
Total
32 Contingencies
Contingent liabilities
Fiscal environment
Tax inspection report for SDEE Muntenia Nord S.A (currently Distributie Energie Electrica Romania S.A.)
The subsidiary SDEE Muntenia Nord S.A. (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 building taxes 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 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.
The Group recognised an expense in amount of RON 12,051 thousand during the year ended 31 December 2019
in accordance with IFRIC 23 „Uncertainty over Income Tax Treatments”. 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 14 August 2024, in order to mitigate the associated risks.
Other litigations and claims
The Group is involved in a series of litigations and claims (ie, with ANRE, NAFA, Court of Accounts, claims for
damages, claims over land titles, labour related litigations etc.).
As summarised in Note 28, the Group set-up 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 present information in the financial statements and
did not set-up provisions for items for which the management assessed as remote the possibility of outflow of
3,650,786
1,709,750
218,991
1,490,759
economic benefits.
The Group discloses if the case information on the most significant items of litigations or claims for which the
Group did not set-up 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).
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.
(a) Contractual commitments
Consequently, companies may be found liable for significant taxes and fines. Moreover, tax legislation is subject
33 Commitments
to frequent changes and the authorities demonstrate inconsistency in interpretation of the law.
Contractual commitments as at 31 December 2023 and 31 December 2022 are as follows:
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 as a result of controls and litigations
with tax authorities. The management of the Group believes that adequate provisions were recorded in
the consolidated financial statements for all significant tax obligations; however, a risk persists that the tax
authorities might have different positions.
Purchase of electricity
Purchase of green certificates
Purchase of property, plant and equipment and intangible assets
Purchase of investments
Total
31 December 2023
31 December 2022
707,797
172,979
626,617
45,122
802,252
129,246
446,937
289,636
1,552,515
1,668,071
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A522
523
(b) Investment program
The investment program at Group level estimated to be approved for the year 2024 is as follows:
Distribution activity
Supply activity
Maintenance activity
Production activity
Other
Total
2024
865,480
53,290
10,300
588,130
16,600
1,533,790
The capital expenditures actually incurred may differ from the ones planned.
(c) Guarantees and pledges
At 31 December 2023 and 31 December 2022, the Group has guarantees on its bank accounts opened at ING Bank
N.V., Raiffeisen Bank, Banca Comerciala Romana, Banca Transilvania, Intesa Sanpaolo Bank and Alpha Bank for
the overdrafts contracted (please see Note 29), and also on its bank accounts opened at BRD – Group Societe
Generale, Unicredit Bank, Banca Transilvania, Banca Comerciala Romana, Vista Bank and CEC Bank for the long-
term borrowings contracted (please see Note 29).
At 31 December 2023, the Group has outstanding bank letters of guarantee of RON 1,193,823 thousand (31
December 2022: RON 952,008 thousand) issued in favour of its suppliers.
(d) Audit fees
The audit fees for the consolidated financial statements were in amount of 1,075 thousand RON, and during
the year 2023, non-audit services fees were in amount of 174 thousand RON (limited review of the interim
consolidated financial statements). The audit fees for the individual financial statements is mentioned in the
annual individual financial statements of Electrica S.A..
34 Subsequent events
On 15 February 2024, the subsidiary Distributie Energie Electrica Romania (DEER) has obtained approval for EUR
171 million in non-reimbursable European funding through the Modernisation Fund (FM), representing 80% of the
eligible expenditure for seven new investment projects in the electricity distribution network, projects with an
estimated value of approximately EUR 266 million (with VA).
Chief Executive Officer
Alexandru-Aurelian Chirita
Chief Financial Officer
Stefan Alexandru Frangulea
25 March 2024
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A524
525
INDEPENDENT AUDITOR’S REPORT
ON 2023 CONSOLIDATED FINANCIAL
STATEMENTS (OMFP 2844/2016)
526
527
Deloitte Audit S.R.L.
The Mark Tower,
82-98 Calea Griviței,
Sector 1, 010735
Bucharest, Romania
T: +40 21 222 16 61
F: +40 21 222 16 60
www.deloitte.ro
INDEPENDENT AUDITOR’S REPORT
To the Shareholders,
SOCIETATEA ENERGETICA ELECTRICA S.A.
Report on the Audit of the Consolidated Financial Statements
Opinion
1. We have audited the consolidated financial statements of Societatea Energetica Electrica S.A.and its subsidiaries (“the
Group”), with registered office in Bucharest, District 1, Street Grigore Alexandrescu, No. 9 , identified by unique tax
registration code 13267221, which comprise the consolidated statement of financial position as at December 31, 2023, and
the consolidated statement of comprehensive income, consolidated statement of changes in equity and consolidated
statement of cash flows for the year then ended, and notes to the consolidated financial statements, including material
accounting policy information.
2.
The financial statements as at December 31, 2023 are identified as follows:
• Net assets / Equity RON 6,008,000 thousand
• Net profit for the financial year
RON 620,380 thousand
3.
In our opinion, the accompanying consolidated financial statements present fairly, in all material respects, the consolidated
financial position of the Group as at December 31, 2023, and its consolidated financial performance and its consolidated cash
flows for the year then ended in accordance with Ministry of Public Finance Order no. 2844/2016, with subsequent
amendments.
Basis for Opinion
4. We conducted our audit in accordance with International Standards on Auditing (ISAs), Regulation (EU) No. 537/2014 of the
European Parliament and the Council (herein after referred to as “the Regulation”) and Law 162/2017 on the statutory audit
of annual financial statements and annual consolidated financial statements and on amending other pronouncements (herein
after referred to as “the Law 162/2017”). Our responsibilities under those standards are further described in the Auditor’s
Responsibilities for the Audit of the Financial Statements section of our report. We are independent of the Company in
accordance with the International Ethics Standards Board for Accountants’ International Code of Ethics for Professional
Accountants (including International Independence Standards) (IESBA Code), in accordance with ethical requirements
relevant for the audit of the financial statements in Romania including the Regulation and the Law 162/2017 and we have
fulfilled our other ethical responsibilities in accordance with these requirements and the IESBA Code. We believe that the
audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.
Emphasis of Matter
5. We draw attention to Note 7 of the consolidated financial statements, which describes that the Group prepares two sets of
consolidated financial statements, one under statutory regulations, namely Ministry of Finance Order 2844/2016 with
subsequent amendments and one under International Financial Reporting Standards as adopted by the European Union
(“IFRS”). These consolidated financial statements are prepared under OMF 2844/2016 with subsequent amendments, which
differs from IFRS as summarized in Note 7. Consequently these consolidated financial statements do not comply with IFRS.
Our audit report is not modified in respect of this matter.
Key Audit Matters
6.
Key audit matters are those matters that, in our professional judgment, were of most significance in our audit of the
consolidated financial statements of the current period. These matters were addressed in the context of our audit of the
consolidated financial statements as a whole, and in forming our opinion thereon, and we do not provide a separate opinion
on these matters.
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited ("DTTL"), its global network of member firms, and their related entities (collectively, the "Deloitte organization"). DTTL (also
referred to as "Deloitte Global") and each of its member firms and related entities are legally separate and independent entities, which cannot obligate or bind each other in respect of third parties.
DTTL and each DTTL member firm and related entity is liable only for its own acts and omissions, and not those of each other. DTTL does not provide services to clients.
Please see www.deloitte.com/about to learn more.
1
Key audit matters
Going Concern
As presented in Note 6 the consolidated financial
statements have been prepared on the going concern
basis. The key judgement leading to this conclusion are set
out in that note.
In particular the Group operates in the electricity
distribution and supply industry which is currently affected
by the capping laws on sales to end customers. The
Romanian authorities regulatory position is under review
and there may be further laws enacted which could
adversely impact the Group’s operating cash flows. In the
forthcoming twelve months the Group will need to obtain
additional financing and given the position of the Group
and its significance to the Romanian economy
management expects that all necessary financing will be
made available.
The ability of the Group to continue as a going concern is
dependent on the successful extension of the existing debt
facilities, drawdown of new financing and on stabilizing of
the regulatory regime on energy prices as described in
note 6 which provides an appropriate margin to support
servicing of the Group’s short and long term financings.
In view of the significant judgements, the application and
disclosures of the basis of the going concern assumption
are considered a Key Audit Matter.
Valuation of Retail accrued revenue, related to electricity
supplied to households
The Group recognizes at the end of each reporting period
accrued revenue from the energy supply activity, related
to the household population. If the actual meter readings
are not available at the end of the reporting period,
energy supplied to households is estimated based on
internal information related to historical patterns of
consumption. The degree of estimation uncertainty
reduces from one period to another, however judgement
is inherent in the valuation of the accrued revenue related
to the household population.
Because of the significance of the estimations around the
accrued revenue related to the households and the
inability of relying on the effectiveness of the controls, we
consider the valuation of retail accrued revenue, related to
households a key audit matter.
How our audit addressed the key audit matter
We have assessed managements valuation of the going concern
assumption by performing the following procedures:
• We have obtained the cash flow forecasts and critically
challenged the management and the Board of Directors and
Audit Committee on the assumptions used;
• We considered whether at the date of this report additional
information exist from the Romanian authorities with
respect to the capping mechanism;
• We have assessed the Group’s position on the existing debt
facilities, covenant compliance and newly negotiated debt
facilities, during 2024 until the date of this report;
• We assessed the adequacy of the disclosure of the basis of
going concern assumption, including the key judgements
adopted;
The group has a number of IT systems across the businesses and
we were not able to rely on the effectiveness of IT controls within
the revenue cycle. The audit procedures adopted were
substantive in nature and included the following:
•
•
•
•
Obtaining an understanding of the accounting policies used
in the preparation of the consolidated financial statements,
with respect to revenue recognition;
Testing the reconciliation made by the Group between the
quantity of electricity purchased for supply purposes and
the quantity of electricity delivered from the supply activity;
Testing the acquired electricity for supply purposes through
a combination of direct confirmations received from the
electricity producers and other supporting documents;
Testing the revenues related to electricity supplied to final
customers through a combination of direct confirmations
and other supporting documents;
•
Performing analytical procedures on all electricity sales.
2
INDEPENDENT AUDITOR’S REPORT ON 2023 CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTINDEPENDENT AUDITOR’S REPORT ON 2023 CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORT
528
529
Other information
7.
The administrators are responsible for the preparation and presentation of the other information. The other information
comprises the Administrators’ Consolidated report and the Remuneration report, but does not include the consolidated
financial statements and our auditor’s report thereon, or the non-financial information declaration, which is being presented
in a separate report.
Our opinion on the financial statements does not cover the other information and, unless otherwise explicitly mentioned in
our report, we do not express any form of assurance conclusion thereon.
In connection with our audit of the consolidated financial statements for the year ended December 31, 2023, our
responsibility is to read the other information and, in doing so, consider whether the other information is materially
inconsistent with the financial statements or our knowledge obtained in the audit or otherwise appears to be materially
misstated.
Other reporting responsibilities with respect to other information – Administrators’ consolidated report
With respect to the Administrators’ consolidated report, we read it and report if this has been prepared, in all material
respects, in accordance with the provisions of Ministry of Public Finance Order no. 2844/2016, with subsequent amendments.
On the sole basis of the procedures performed within the audit of the consolidated financial statements, in our opinion:
a)
the information included in the Administrators’ consolidated report and the Remuneration report for the financial year
for which the consolidated financial statements have been prepared, is consistent, in all material respects, with the
consolidated financial statements;
b)
the Administrators’ consolidated report has been prepared, in all material respects, in accordance with the provisions of
Ministry of Public Finance Order no. 2844/2016, with subsequent amendments.
Moreover, based on our knowledge and understanding concerning the Group and its environment gained during the audit on
the financial statements prepared at December 31, 2023, we are required to report if we have identified a material
misstatement of this Administrators’ consolidated report and the Remuneration report. We have nothing to report in this
regard.
Other reporting responsibilities with respect to other information – Remuneration report
With respect to the Remuneration report, we read it to determine if it presents, in all material respects, the information
required by article 107, paragraphs (1) and (2) of Law 24/2017 regarding the issuers of financial instruments and market
operations, republished. We have nothing to report in this regard.
Responsibilities of Management and Those Charged with Governance for the Consolidated Financial Statements
8. Management is responsible for the preparation and fair presentation of the consolidated financial statements in accordance
with Ministry of Public Finance Order no. 2844/2016, with subsequent amendments and for such internal control as
management determines is necessary to enable the preparation of consolidated financial statements that are free from
material misstatement, whether due to fraud or error.
9.
In preparing the consolidated financial statements, management is responsible for assessing the Group’s ability to continue
as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting
unless management either intends to liquidate the Group or to cease operations, or has no realistic alternative but to do so.
10. Those charged with governance are responsible for overseeing the Group’s financial reporting process.
Auditor’s Responsibilities for the Audit of the Consolidated Financial Statements
11. Our objectives are to obtain reasonable assurance about whether the consolidated financial statements as a whole are free
from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion.
Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with ISAs will
always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered
material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users
taken on the basis of these consolidated financial statements.
12. As part of an audit in accordance with ISAs, we exercise professional judgment and maintain professional skepticism
throughout the audit. We also:
•
•
•
•
•
•
Identify and assess the risks of material misstatement of the consolidated financial statements, whether due to fraud or
error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and
appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is
higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions,
misrepresentations, or the override of internal control.
Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are
appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Group's
internal control.
Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related
disclosures made by management.
Conclude on the appropriateness of management’s use of the going concern basis of accounting and, based on the
audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant
doubt on the Group’s ability to continue as a going concern. If we conclude that a material uncertainty exists, we are
required to draw attention in our auditor’s report to the related disclosures in the consolidated financial statements or,
if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up
to the date of our auditor’s report. However, future events or conditions may cause the Group to cease to continue as a
going concern.
Evaluate the overall presentation, structure and content of the consolidated financial statements, including the
disclosures, and whether the consolidated financial statements represent the underlying transactions and events in a
manner that achieves fair presentation.
Obtain sufficient appropriate audit evidence regarding the financial information of the entities or business activities
within the Group to express an opinion on the consolidated financial statements. We are responsible for the direction,
supervision and performance of the group audit. We remain solely responsible for our audit opinion.
13. We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the
audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit.
14. We also provide those charged with governance with a statement that we have complied with relevant ethical requirements
regarding independence, and to communicate with them all relationships and other matters that may reasonably be thought
to bear on our independence, and where applicable, actions taken to eliminate threats or safeguards applied.
15. From the matters communicated with those charged with governance, we determine those matters that were of most
significance in the audit of the financial statements of the current period and are therefore the key audit matters. We
describe these matters in our auditor’s report unless law or regulation precludes public disclosure about the matter or when,
in extremely rare circumstances, we determine that a matter should not be communicated in our report because the adverse
consequences of doing so would reasonably be expected to outweigh the public interest benefits of such communication.
Report on Other Legal and Regulatory Requirements
16. We were appointed by the General Meeting of Shareholders on April 27, 2023 to audit the financial statements of Societatea
Energetica Electrica S.A. for the financial year ended December 31, 2023. The uninterrupted total duration of our
commitment is 6 of years, covering the financial years ended December 31, 2018 to December 31, 2023.
3
4
INDEPENDENT AUDITOR’S REPORT ON 2023 CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTINDEPENDENT AUDITOR’S REPORT ON 2023 CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORT
530
531
We confirm that:
• Our audit opinion is consistent with the additional report submitted to the Audit Committee of the Company that we
issued the same date we issued this report. Also, in conducting our audit, we have retained our independence from the
audited entity.
• No non-audit services referred to in Article 5 (1) of EU Regulation no. 537/2014 were provided.
The engagement partner on the audit resulting in this independent auditor’s report is Răzvan Ungureanu.
Răzvan Ungureanu, Audit Partner
For signature, please refer to the original
signed Romanian version.
Registered in the Electronic Public Register of Financial
Auditors and Audit Firms under AF 4866
On behalf of:
DELOITTE AUDIT SRL
Registered in the Electronic Public Register of Financial
Auditors and Audit Firms under FA 25
The Mark Building, 84-98 and 100-102 Calea Griviței, 9th Floor, District 1
Bucharest, Romania
March 5, 2024
5
INDEPENDENT AUDITOR’S REPORT ON 2023 CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORTINDEPENDENT AUDITOR’S REPORT ON 2023 CONSOLIDATED FINANCIAL STATEMENTS (OMFP 2844/2016)2023 ANNUAL REPORT
532
533
2023 CONSOLIDATED
FINANCIAL STATEMENTS
(IFRS-EU)
as at and for the year ended
31 December 2023
prepared in accordance with
International Financial Reporting Standards
as adopted by the European Union
Free translation from Romanian,
which is the official and binding version
534
535
Contents
Consolidated statement of financial position
Consolidated statement of profit or loss
Consolidated statement of comprehensive income
Consolidated statement of changes in equity
Consolidated statement of cash flows
Notes to the consolidated financial statements
Basis of preparation
1.
2.
3.
4.
Reporting entity and general information
Basis of accounting
Functional and presentation currency
Use of judgments and estimates
Accounting policies
5.
6.
7.
8.
9.
Restatements
Basis of measurement
Changes in significant accounting policies
Accounting policies
Adoption of new and revised standards
Performance for the year
10. Operating segments
11.
Revenue
12.
Electricity, natural gas and merchandise purchased
13. Other operating income and expenses
14
Net finance result
15.
Earnings per share
536
538
539
540
542
544
551
552
552
554
556
556
556
570
572
576
576
577
578
578
Employee benefits
16
17
18
Short-term employee benefits
Post-employment and other long-term employee benefits
Employee benefit expenses
Income taxes
19.
Income taxes
Assets
20. Trade receivables
21. Other receivables
22. Cash and cash equivalents
23.
Inventories
24. Property, plant and equipment
25.
Intangible assets
26.
Investments in associates
Equity and liabilities
27. Capital and reserves
28. Trade payables
29. Other payables
30. Provisions
31.
Bank borrowings and overdrafts
Financial instruments
32.
Financial instruments - Fair values and risk management
Other information
33. Related parties
34. Contingencies
35. Commitments
36. Subsequent events
579
579
583
583
585
587
588
588
589
592
593
595
597
597
597
598
603
608
610
611
612
2023 CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU) 2023 CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU) 2023 ANNUAL REPORT2023 ANNUAL REPORT536
537
Note
31 December 2023
31 December 2022
(restated)*
Note
31 December
2023
31 December 2022
(restated)*
ASSETS
Non-current assets
Intangible assets related to concession arrangements
Other intangible assets
Goodwill
Property, plant and equipment
Investments in associates
Other investments
Deferred tax assets
Other non-current assets
Right of use assets
Total non-current assets
Current assets
Trade receivables
Subsidies receivable
Other receivables
Cash and cash equivalents
Inventories
Prepayments
Current income tax receivable
Assets held for sale
Total current assets
Total assets
EQUITY AND LIABILITIES
Equity
Share capital
Share premium
Treasury shares reserve
Pre-paid capital contributions in kind from shareholders
Revaluation reserve
Legal reserves
Retained earnings
Total equity attributable to the owners of the Company
Non-controlling interests
Total equity
*please see Note 5
(Continued on next page)
25
25
24
26
19
20
13
21
22
23
27
27
27
27
27
27
6,220,530
5,675,866
27,822
24,663
594,994
16,638
7,000
32,404
51,954
40,993
12,854
12,040
499,390
18,824
7,000
30,180
2,393
52,152
7,016,998
6,310,699
2,540,442
2,614,535
93,832
377,215
115,660
12,935
-
280
2,466,002
1,280,788
127,253
334,887
113,972
13,874
24,000
280
5,754,899
4,361,056
12,771,897
10,671,755
3,464,436
103,049
(75,372)
7
159,536
449,363
1,259,396
5,360,415
(451)
5,359,964
3,464,436
103,049
(75,372)
7
92,117
429,583
554,634
4,568,454
(516)
4,567,938
Liabilities
Non-current liabilities
Lease liability – long term
Deferred tax liabilities
Employee benefits
Other payables
Long-term bank borrowings
Total non-current liabilities
Current liabilities
Current portion of long-term bank borrowings
Lease liability – short term
Bank overdrafts
Trade payables
Other payables
Deferred revenue
Employee benefits
Provisions
Current tax liabilities
Total current liabilities
Total liabilities
Total equity and liabilities
*please see Note 5
19
16
29
31
31
31
28
29
16,17
30
29,143
121,318
151,358
37,161
794,348
1,133,328
523,294
14,052
2,851,221
1,671,478
1,035,084
7,837
120,548
41,167
13,924
6,278,605
7,411,933
34,462
60,306
117,269
72,432
647,193
931,662
113,520
19,211
2,571,037
1,407,097
867,536
24,750
114,174
53,701
1,129
5,172,155
6,103,817
12,771,897
10,671,755
The accompanying notes are an integral part of these consolidated financial statements.
Chief Executive Officer
Alexandru-Aurelian Chirita
Chief Financial Officer
Stefan Alexandru Frangulea
25 March 2024
CONSOLIDATED STATEMENT OF FINANCIAL POSITION (IFRS-EU)AS AT 31 DECEMBER 20232023 ANNUAL REPORTCONSOLIDATED STATEMENT OF FINANCIAL POSITION (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AAS AT 31 DECEMBER 2023ELECTRICA S.A
538
539
Note
2023
2022
(restated)*
Note
2023
2022
(restated)*
Profit/(Loss) for the year
772,103
(240,463)
9,816,593
3,498,553
10,009,896
2,840,963
(9,057,976)
(10,506,809)
(976,436)
(962,065)
(95,218)
(524,481)
(75,820)
(431,399)
1,191,751
3,425
(297,220)
(293,795)
(593,490)
(823,422)
(88,229)
(496,253)
(112,311)
(352,971)
(122,626)
9,718
(174,713)
(164,995)
11
5,13
25
18
24,25
20,21
13
14
14
26
5,19
Revenue
Other income
Electricity, natural gas and merchandise purchased
Construction costs related to concession agreements
Employee benefits
Repairs, maintenance and materials
Depreciation and amortization
Impairment for trade and other receivables, net
Other operating expenses
Operating profit
Finance income
Finance costs
Net finance cost
Share of results of associates
Profit/(Loss) before tax
Income tax (expense)/benefit
Profit/(Loss) for the year
Profit/(Loss) for the year attributable to:
- owners of the Company
- non-controlling interests
Profit/(Loss) for the year
Earnings/(Loss) per share
Basic and diluted earnings/(loss) per share (RON)
15
2.27
(0.71)
*please see Note 5
The accompanying notes are an integral part of these consolidated financial statements.
Chief Executive Officer
Alexandru-Aurelian Chirita
Chief Financial Officer
Stefan Alexandru Frangulea
25 March 2024
Other comprehensive income
Items that will not be reclassified to profit or loss
Revaluation of property, plant and equipment
Tax related to revaluation of property, plant and equipment
Re-measurements of the defined benefit liability
Tax related to re-measurements of the defined benefit liability
Other comprehensive income, net of tax
Total comprehensive income/(loss)
Total comprehensive income/(loss) attributable to:
- owners of the Company
- non-controlling interests
24
19
17
19
85,510
(13,699)
(11,918)
1,907
-
-
9,503
(1,479)
61,800
8,024
833,903
(232,439)
834,017
(114)
833,903
(232,330)
(109)
(232,439)
(39)
(13)
Total comprehensive income/(loss)
*please see Note 5
897,917
(125,814)
772,103
772,217
(114)
772,103
(287,634)
47,171
(240,463)
(240,354)
(109)
(240,463)
The accompanying notes are an integral part of these consolidated financial statements.
Chief Executive Officer
Alexandru-Aurelian Chirita
Chief Financial Officer
Stefan Alexandru Frangulea
25 March 2024
CONSOLIDATED STATEMENT OF PROFIT OR LOSS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTCONSOLIDATED STATEMENT OF PROFIT OR LOSS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A,
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CONSOLIDATED STATEMENT OF CHANGES IN EQUITY (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTCONSOLIDATED STATEMENT OF CHANGES IN EQUITY (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
542
543
Note
2023
2022 (restated)*
Note
2023
2022 (restated)*
772,103
(240,463)
Payments for network construction related to concession agreements
Cash flows from investing activities
Payments for purchases of property, plant and equipment
Cash flows from operating activities
Profit/(Loss) for the year
Adjustments for:
Depreciation
Amortisation
24
25
Reversal of impairment of property, plant and equipment and intangible
assets, net
24,25
Revaluation of property, plant and equipment recognized in profit or loss,
net
24
Gain on disposal of property, plant and equipment and intangible assets
24,25
Impairment of trade and other receivables, net
Change in provisions, net
Net finance cost
Changes due to employee benefits
Share of loss of associates
Income tax expense/(benefit)
20,21
30
14
26
19
Changes in:
Trade receivables
Subsidies receivable
Other receivables
Prepayments
Inventories
Trade payables
Other payables
Provisions and employee benefits
Deferred revenue
Cash used in operating activities
Interest paid
Income tax paid
16,391
508,090
-
(2,081)
(82)
75,820
(12,534)
293,795
-
39
125,814
1,777,355
19,915
476,469
(5)
-
(393)
112,311
18,779
164,995
(4,358)
13
(47,171)
500,092
(309,158)
(1,286,734)
(1,333,747)
(1,280,788)
5,636
939
(1,688)
244,355
110,400
28,545
(16,913)
505,724
(278,462)
(58,993)
13,914
(8,840)
(41,014)
494,611
570,158
(6,454)
15,088
(1,029,967)
(149,397)
(1,232)
25
26
31
31
27
22
22
22
(10,391)
(845,331)
(21,313)
232
3,270
(4,149)
(6,308)
(1,924)
(8,295)
(537,782)
(7,829)
614
2,847
(3)
(4,452)
-
(885,914)
(554,900)
742,658
271,943
(187,730)
(26,762)
(40,136)
759,973
42,328
334,887
-
377,215
217,561
1,900,371
(92,925)
(24,163)
(152,291)
1,848,553
113,057
(405,572)
627,402
334,887
Payments for purchase of other intangible assets
Proceeds from sale of property, plant and equipment
Interest received
Acquisition of investments in associates
Payments for acquisition of subsidiaries, net of cash acquired
Payments for non-controlling interest acquired without change in
control
Net cash flow used in investing activities
Cash flows from financing activities
Proceeds from long-term bank borrowings
Proceeds from overdrafts
Repayment of long-term bank loans
Payment of lease liabilities
Dividends paid
Net cash generated from financing activities
Net increase in cash and cash equivalents
Cash and cash equivalents at 1 January
Reclassification of overdrafts previously presented as cash and cash
equivalents
Cash and cash equivalents at 31 December
*please see Note 5
The accompanying notes are an integral part of these consolidated financial statements.
The non-cash transactions are disclosed in Note 22.
Chief Executive Officer
Alexandru-Aurelian Chirita
Chief Financial Officer
Stefan Alexandru Frangulea
Net cash flow from/(used in) operating activities
168,269
(1,180,596)
*please see Note 5
(Continued on next page)
25 March 2024
CONSOLIDATED STATEMENT OF CASH FLOWS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTCONSOLIDATED STATEMENT OF CASH FLOWS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
544
545
1
Reporting entity and general information
(a) General information about the Group
Subsidiary
Activity
Sole
registration
code
Head Office
% shareholding
These financial statements are the consolidated financial statements of Societatea Energetica Electrica S.A.
(“the Company” or “Electrica SA”) and its subsidiaries (together “the Group”) as at and for the year ended 31
December 2023.
The registered office of the Company is no. 9, Grigore Alexandrescu Street, District 1, Bucharest, Romania. The
Electrica Producție Energie
S.A.(“EPE”)
Electrica Energie Verde 1 SRL*
(“EEV1” – formerly Long Bridge
Milenium SRL)
Electricity generation
44854129
Bucuresti
99.9920%
Electricity generation
19157481
Bucuresti
100%*
Company has sole registration code 13267221 and Trade Register registration number J40/7425/2000.
Sunwind Energy S.R.L.
Electricity generation
As at 31 December 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 a share of ownership 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. 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.
New Trend Energy S.R.L.
Electricity generation
Green Energy Consultancy &
Investments S.R.L.
Electricity generation
29172101
Prahova
Foton Power Energy S.R.L.
Electricity generation
43652555
Constanta
42910478
42921590
Constanta
Constanta
60%
60%
75%
30%
Indirect ownership - Electrica Energie Verde 1 SRL is 100% owned by the subsidiary Electrica Furnizare S.A.
*
** On 31.12.2023 the merger by absorption took place between Societatea Energetica Electrica SA (ELSA) as absorbing company and
Societatea Electrica Productie Energie SA (EPE), Electrica Energie Verde 1 SRL (EEV1) and Green Energy Consultancy & Investments SRL
(GECI) as absorbed companies.
As at 31 December 2023 the Company’s subsidiaries are the following:
As at 31 December 2023 and 31 December 2022, the Company’s associates are the following:
Subsidiary
Activity
Distributie Energie Electrica
Romania S.A. (“DEER”)
Electricity distribution in
geographical areas Transilvania
Nord, Transilvania Sud and
Muntenia Nord
Sole
registration
code
Head Office
% shareholding
14476722
Cluj-Napoca
99.99999929%
Associate
Activity
registration
code
Sole
Head
Office
% shareholding
% shareholding
as at 31
as at 31
December 2023
December 2022
Crucea Power Park S.R.L.
Electricity generation
25242042
Constanta
40%
30%
Changes in Group structure during 2023
is in the «ready-to-build» phase and is located in
Electrica Furnizare S.A. (“EFSA”)
Electricity and natural gas supply
28909028
Bucuresti
99.9998444099934%
the vicinity of Botiz commune, Satu Mare county.
Electrica Serv S.A. (“SERV”)
Services in the energy sector
(maintenance, repairs,
construction)
Sunwind Energy S.R.L.
Electricity generation
New Trend Energy S.R.L.
Electricity generation
Foton Power Energy S.R.L.
Electricity generation
17329505
Bucuresti
99.99998095%
42910478
42921590
43652555
Constanta
Constanta
Constanta
100%
60%
60%
As at 31 December 2022 the Company’s subsidiaries are the following:
Subsidiary
Activity
Sole
registration
code
Head Office
% shareholding
Distributie Energie Electrica
Romania S.A. (“DEER”)
Electricity distribution in
geographical areas Transilvania
Nord, Transilvania Sud and
Muntenia Nord
Electrica Furnizare S.A. (“EFSA”)
Electricity and natural gas supply
28909028
Bucuresti
99.9998444099934%
Electrica Serv S.A. (“SERV”)
Services in the energy sector
(maintenance, repairs,
construction)
17329505
Bucuresti
99.99998095%
Acquisition of shares in subsidiaries
Also, the Financing Contract was signed between
Sunwind Energy SRL as the Beneficiary and the
On 6 February 2023, Electrica completed the
Ministry of Energy as the coordinator of reforms
acquisition of Green Energy Consultancy &
and/or investments for the National Recovery and
Investments S.R.L., having as main object of activity
Resilience Plan (NRRP).
the production of energy from photovoltaic sources.
Until 31 December 2022 the company was acquired
On 31 July 2023, Electrica acquired an additional 30%
75%. Green Energy Consultancy & Investments
of the shares and voting interests in Foton Power
S.R.L. develops the photovoltaic project “Vulturu”,
Energy S.R.L.,having as main object of activity the
with a designed installed capacity of 12 MWp DC
production of energy from photovoltaic sources. As
(peak power at the panels level) and 9.75 MW AC
a result, the Group’s equity interest increased from
(authorised power for delivery into the grid), located
30% to 60%, thus, Foton Power Energy S.R.L. becoming
near Vulturu locality, Vrancea county. The project is
a subsidiary of Electrica Group. Foton Power Energy
in the “ready-to-build” phase.
S.R.L. develops the photovoltaic project “Bihor 1”, with
On 24 March 2023, Electrica completed the
near Oradea.
acquisition of Sunwind Energy S.R.L, which has
as its main activity production of energy from
Acquisition of shares in associates
photovoltaic sources. Until 31 December 2022
the project was acquired 60%. Sunwind Energy
On 15 May 2023, Electrica acquired an additional 10%
develops the photovoltaic project «Satu Mare 2»,
of the shares and voting interests in Crucea Power
with an installed capacity of 27 MW. The project
Park S.R.L.. As a result, the Group’s equity interest
14476722
Cluj-Napoca
99.99999929%
a projected installed capacity of 77.5 MW, located
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A546
547
increased from 30% to 40%.
S.A. subsidiary) which further invoices the electricity
by Law no. 184/2018). The postponed green
Regarding the costs of electricity purchased for own
consumption to final consumers.
certificates will be reinserted starting from 1 January
technological consumption (“NL”):
Merger by absorption within the Group
2021, in equal monthly tranches until 31 December
On 20 December 2023, the Extraordinary General
competitive market and as the supplier of last resort
Meeting of the Company’s Shareholders (EGMS)
for approx. 3.4 million clients. Electrica Furnizare
(b) Regulations in the energy sector
approved the merger by absorption between
S.A. holds an electricity supply license that covers
Societatea Energetica Electrica SA (“ELSA”),
the entire territory of Romania, which was extended
Regulatory environment
Electrica Furnizare S.A. is active on both the
2030.
Societatea Electrica Productie Energie SA (“EPE”),
in 2021 for a period of 10 years. At the same time,
Electrica Energie Verde 1 SRL (“EEV1”) and Green
Electrica Furnizare S.A. ensures the supply of
The activity in the energy sector is regulated by the
• at the justified request of the Distribution
Energy Consultancy & Investments SRL (“GECI”)
electricity for household customers in a universal
Romanian Energy Regulatory Authority.
(together the „Companies”) and the participation
service regime. At the same time, it also holds a
of the Companies in the merger, with Societatea
license for carrying out the activity of natural gas
Energetica Electrica SA as absorbing company,
supply, valid until 2032. In 2023, Electrica Furnizare
Some of the main responsibilities of ANRE are
to approve prices and tariffs and to issue
Electrica Productie Energie SA, Electrica Energie
S.A. was designated supplier of last resort („FUI”) for
substantiation methodologies used to set regulated
Verde 1 SRL and Green Energy Consultancy &
electricity in May and October, and for natural gas
prices and tariffs.
• ANRE has the right to correct the projection
of distribution tariffs for a regulatory period
or for one year, if there have been significant
variations in prices on the electricity market,
which lead to an important change in
distribution service costs;
Operator, the regulated revenue of year t + 1
may include a cost of electricity purchased
for own technological consumption (“NL”)
forecast for year t + 1, by changing the reference
price, depending on the evolution of prices
on the electricity market and the result of the
analysis of the evolution of tariffs for the current
Investments SRL as absorbed companies, with the
it was nominated supplier of last resort in April and
effective date of the merger being 31 December
November 2023.
2023.
Group’s main activities
Through the acquisition of the new subsidiary
Electrica Energie Verde 1 S.R.L. (formerly Long Bridge
Milenium S.R.L.) as of 31 August 2020, establishment
The activities of the Group include operation and
of a new legal entity Electrica Productie Energie
electricity and natural gas supply to final consumer
agreements in five project companies having
as well as energy production from renewable
as main activity the production of energy from
sources. The Group is the electricity distribution
renewable sources the Group entered on the
operator and the main electricity supplier in
electricity generation segment, in particular from
Muntenia Nord area (Prahova, Buzau, Dambovita,
renewable sources. Currently, one of the project
Braila, Galati and Vrancea counties), Transilvania
companies has been absorbed through merger by
Nord area (Cluj, Maramures, Satu Mare, Salaj, Bihor
the parent company where a photovoltaic park with
and Bistrita Nasaud counties) and Transilvania
a capacity of 12 MW is being developed.
Sud area (Brasov, Alba, Sibiu, Mures, Harghita and
Covasna counties), operating with transformation
Through the merger that took place on 31 December
subsidiary, Electrica Energie Verde 1 S.R.L., Electrica
The Company’s distribution subsidiary, Distributie
SA became a producer of electricity from renewable
Energie Electrica Romania S.A. which resulted
sources that operates a photovoltaic park in
from the merger through absorption of the three
Stanesti, Giurgiu county, with an installed capacity
distribution subsidiaries Societatea de Distributie a
of MW 7.5 (operating capacity limited MW to 6.8).
Energiei Electrice Transilvania Nord S.A., Societatea
In 2023 the operation of the plant was continuous,
de Distributie a Energiei Electrice Muntenia Nord S.A.
with no significant events leading to production
and Societatea de Distributie a Energiei Electrice
shutdowns, producing in total MWh 9,599 (2022:
Transilvania Sud S.A. now operates electric lines
MWh 10,466). According to Law no. 220/2008 and
in 18 counties, from three geographical areas of
based on the accreditation issued by ANRE, Stanesti
the country, representing 40.7% of the Romanian
park receives a number of 6 green certificates
territory, and serves over 3.93 million users. It
(“GC”) for each MWh produced and delivered, of
invoices the electricity distribution service to
which until 2020, 4 GC were issued for trading and 2
electricity suppliers (mainly to Electrica Furnizare
GC were postponed (the amendment is introduced
Electricity distribution
regulatory period.
In 2019, a new regulatory period began, governed
In 2022, according to the Government’s emergency
by the provisions of ANRE Order no. 169/2018 for
ordinance (GEO) no. 119/2022, the additional
the approval of the Methodology for establishing
costs for purchased electricity (determined as
the tariffs for the electricity distribution service (IV
the difference between the realized costs and the
The following items are considered by ANRE
when setting the target revenue for one year
costs included in the approved distribution tariffs),
made between 1 January 2022 and 31 August
2023, in order to cover the own technological
consumption, compared to the costs included in
of the regulatory period: controllable and non-
the tariffs regulated (and not only borrowings), are
controllable operating and maintenance costs;
capitalized quarterly and remunerated with 50%
costs of electricity purchased for own technological
of the regulated rate of return (RRR) approved by
consumption (related to distribution network);
ANRE, applicable during the amortization period
regulated depreciation charge; the return on the
of the respective costs and are recognized as a
regulated assets base (“RAB”); revenues from
distinctive component in the regulated tariffs,
reactive energy and revenues from other activities,
called the component related to additional costs
with NL. Also, ANRE elaborated the Methodological
norms regarding the recognition in the tariffs of the
Starting with 13 May 2020, the regulated rate of
additional costs with the acquisition of electricity
return („RRR”) of RAB is 6.39% to which is added:
for covering the network losses compared to the
• 1% incentive for new investments in RED,
approved by ANRE;
costs included in the regulated tariffs, the purpose
of these norms is to establish the substantiation
of additional costs with the purchase of electricity
• 2% incentive for investments in the electricity
to cover the NL, as well as the conditions for their
distribution network financed from own funds in
recognition in the regulated income, based on
projects in which European non-reimbursable
which the distribution tariffs are established. Law no.
funds are also attracted, if the investments are
357/2022 regarding the approval of GEO no. 119/2022
performed and put into function by operators
provides for the capitalization of additional costs
after 1 February 2021, approved by ANRE;
with the purchase of electricity made between 1
January 2022 and 31 March 2025.
• 1% incentive for investments in projects of
common interest (PCI), approved by ANRE.
station and 0.4 kV to 110 kV power lines.
2023 between the parent company and its former
as well as corrections from previous periods.
construction of electricity distribution networks and
S.A. and also the five shares sales and purchase
regulatory period: 2019-2023).
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A548
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According to the Government’s Emergency
differences are recovered or returned through the
Competitive market
Ordinance (“GEO”) no. 153/2022 during the period
annual tariff changes, except the capitalised costs
of gas that covers 90% of Romania’s storage
capacity and the market share that each
1 January 2023 – 31 March 2025 is established the
with own technological consumption. The difference
Transactions on the competitive wholesale market
supplier has had it in 2022;
centralized electricity purchasing mechanism,
between the purchase price of electricity for own
OPCOM being designated the sole purchaser. The
technological consumption versus the ex-ante
are transparent, public, centralised and non-
discriminatory. Participants to the wholesale
distribution operators (“OD”) will buy from OPCOM
purchase price recognized by ANRE in the related
market can trade electricity based on the bilateral
through an annual/monthly mechanism at least 75%
regulated tariffs 2022 related to the purchase of
contracts concluded on the dedicated markets.
of the quantity forecasted and validated by National
electricity and natural gas, made between 1 January
Authority for Energy Regulation (“ANRE”) at the price
2022 and 31 March 2025, in order to cover the costs
The following support mechanisms have been put in
of 450 RON/MWh, and the producers will sell to
of electricity purchased for own technological
place:
OPCOM through annual/monthly mechanism 80% of
consumption (“NL”) for economic operators for
the quantity forecasted and validated by ANRE and
energy transport and distribution services are
Transelectrica at the price of 450 RON/MWh.
capitalised. These are recognized as a distinctive
component in the regulated tariffs, named
In 2023 ANRE amended the Methodology for setting
component related to additional network losses
tariffs for the electricity distribution service, by
costs. Also, law no. 357/2022 regarding the approval
ANRE Order no. 79/2023 (Order) and defined 2024
of GEO no. 119/2022 provides for the capitalization
as the transition period from the fourth regulatory
of additional costs with the purchase of electricity
period (PR4) to the fifth regulatory period (PR5).
made between 1 January 2022 and 31 March 2025.
Thus, for DEER, in 2024 the zonal distribution tariffs
established on the basis of a single regulated
Electricity supply
revenue and single NL targets for the total DEER are
maintained.
Tariff adjustments
The regulatory framework has undergone significant
changes over the past decade, including the
liberalization of electricity and natural gas markets,
the separation of supply and distribution activities,
Annually, ANRE makes revenue corrections
the implementation of the support scheme for
due to: change in the quantities of electricity
renewable energy, the support of electricity
distributed compared to the forecast; change in
prosumers and the capping of prices to final
quantities and acquisition price for the regulated
customers.
own technological consumption compared to
the forecast; the annual change in controllable
In 2022 the electricity market was completely
operating and maintenance costs, realized and
liberalized for all categories of customers and the
accepted against the forecast; annual change
price was established by suppliers through free
in uncontrollable operating and maintenance
market mechanisms, both for universal service
costs compared to the forecast; changes in
offers and for the offers related to the competitive
revenues from reactive energy compared to the
market.
forecast; failure to meet/exceeding the approved
investments programme; revenues generated from
Regulated market
other operations made by the distribution operator
and the quantity of electricity recovered from
Starting with 1 November 2021, in the context of the
recalculations.
increase in prices for the electricity and natural
gas markets at international and national level,
• The obligation of natural gas producers to sell
at the price of 150 RON/MWh the necessary
quantities to the suppliers of domestic
customers/heat energy producers;
• 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
• compensation of household consumers for part
of the costs incurred by the electricity invoices
(1 November 2021 until 31 March 2022);
• capping the selling price for household and
transmission system operator electricity and
non-household consumers (1 November 2021 –
distribution system operators electricity to
31 March 2025);
• exemption (1 November 2021 until 31 January
2022) of several types of non-household
consumers from payment of regulated tariffs
and other taxes/contributions.
The amounts compensated will be received from
the National Agency for Payments and Social
Inspection for household consumers and a from the
Ministry of Energy for non-household consumers (for
further details please refer to Note 20).
Over 2023, several changes have been brought to
the legislation, having a significant impact on the
supply of electricity, as follows:
• Price capped for electricity for household and
non-domestic customers according to GEO no.
27/2022, with subsequent amendments and
additions
cover their 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).
• The limitation of the average purchase price
price capped applies in 2023:
The categories of customers to whom the electricity
considered for determining the amounts to
be recovered from the state budget initially to
1,300 RON/MWh; and currently at 900 RON/MWh
(according to Law no. 206/2023, which approves
GEO 153/2022), except of the purchase intended
• household customers (tranche <100 KWh/
month - maximum price 0.68 lei/KWh, tranche
100-300 KWh/month - with the distinct estimate
of the volume exceeding 255 KWh/month -
respectively the price level capped at 0.800 lei/
KWh and with a maximum price of 1.3 lei/KWh;
• non-household customers - divided separately
into the category of customers benefiting
from capping for 85% of consumption with
The regulator establishes through the regulated
the energy crisis, as well as the effects caused by
for supply as a last resort, where this limitation
income and tariffs for the following year taking into
these increases among the population, in Romania,
does not apply;
account the justified corrections presented above,
a series of support measures for electricity and
which are added algebraically to the income for
natural gas customers have been applied, by
the following year. The group does not recognize
establishing compensation and capping schemes
assets and liabilities resulting from regulation
between 1 November 2021 and 31 March 2025.
in relation to these deficits or surpluses, as the
• The obligation to store natural gas was
calculated by ANRE according to two criteria:
the obligation of all suppliers to store a quantity
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A550
551
a price capped at 1 leu/KWh, category of
6 (six) green certificates for each MWh of electricity
year. The computation of the capitalized amounts
effects on the activity of Group companies and over
customers benefiting from capping for 100% of
produced and delivered to the grid, out of which,
is carried out in compliance with the legislation
the financial results will be analyzed.
consumption, price capped at 1 leu/KWh and the
for the period 1 July 2013 – 31 December 2020,
specific to the entities that are the subject of GEO
rest of the companies at a maximum price of
according to Law 23/2014 and Law 184/2018, 2 (two)
119/2022, with subsequent additions and changes.
Geopolitical tensions
1.300 lei/KWh.
green certificates were postponed from trading.
Those two GC postponed from trading are to be
The changes brought by EGO 119/2022 are changes
In February 2022 global geopolitical tensions
The categories of customers to whom the natural
recovered in equal monthly tranches starting from 1
the recuperation of the additional cost of NL by
significantly escalated following military
gas price capped applies in 2023:
January 2021 until 31 December 2030.
splitting it in current operating expenses (“OPEX”)
interventions in Ukraine by the Russian Federation.
• household customers – the maximum price is
capped at 0.310 lei/KWh;
• non-household customers - the maximum
price is capped at 0.370 lei/KWh for an annual
consumption of up to 50 GWh.
The green certificates issued by Transelectrica for
of unit costs recuperated at cost at 450 RON/MWh
uncertainties in energy and capital markets have
the production made by the Stanesti photovoltaic
(ex-ante tariffs recognition) and for the difference
increased, with global energy prices expected to be
park, during the validity period of the accreditation
above this level of 450 RON/MWh up to the effective
highly volatile for the foreseeable future. As at the
decision issued by ANRE, can be traded, according
average price, recognized by ANRE, there is a linear
date of these consolidated financial statements,
to GEO 24/2017, until 31 March 2032, respectively
depreciation over 5 years stipulated with return
management is unable to reliably estimate the
including the period after the expiration of the
at 50% of Regulated Rate of Return (RRR). These
effects on the Groups financial outlook and cannot
and capitalised costs (“CAPEX”), there is a portion
As a result of these escalations, economic
The compensated amounts are settled by the
National Agency for Payments and Social Inspection
(„ANPIS”) for household consumers and by the
Ministry of Energy for non-household consumers.
validity period of the accreditation decision
(31 January 2028 in the case of the Stanesti
photovoltaic park).
changes are also applicable for the year 2023.
exclude adverse consequence on the business,
operations, and financial position. Management
For the supply segment, both in 2023 and in 2022
believes it is taking all the necessary measures to
the effect of retail prices for electricity was covered
support the sustainability and growth of the Group’s
Green certificates
Electricity suppliers have 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 purchased and supplied
to final consumers. The cost of green certificates
is invoiced to final consumers separately from the
tariffs for electricity.
Electricity generation
Green certificates
Producers of electricity from renewable energy
sources (RES) have the right, according to Law no.
220/2008, to receive a certain number of green
certificates, depending on the technology used
(for example: hydraulic, wind, solar, geothermal,
biomass, bioliquids, biogas), for each MWh
produced and delivered to the network and for a
certain period of time, depending on the degree of
novelty of the group/power plant.
Starting from February 2013, the Stanesti
photovoltaic park has the right to receive (the
month from which it started injecting electricity
into the network), for a period of 15 (fifteen) years,
Increase in Energy price impact
as grants received from the state authorities, as
business in the current circumstances and that
a result of the application of the mechanism of
judgements used in these financial statements
The regulatory framework in the electricity
capping the prices for electricity and natural gas,
remain appropriate.
sector has undergone significant changes in the
as a result of the application of Ordinance 27/2022,
last decade, regarding the total liberalization
with subsequent amendments and additions.
of the electricity and natural gas market, the
The implementation method of these schemes
2 Basis of accounting
implementation of the support scheme for
renewable energy, the support of electricity
consumers, the limitation of prices for final
and the settlement mechanism of the amounts
granted as support to clients, ex post from the
state budget to the electricity suppliers, have
consumers and the capitalization of additional costs
generated constraints in terms of cash flow, as well
with own technological consumption.
As a result, for the distribution segment,
as uncertainties regarding the recovery the full
amount of the respective amounts by the suppliers.
In this context, EFSA has adapted its medium and
Romanian Regulatory Authority for Energy – ANRE
long-term strategy, so as to manage the impact
(https://www.anre.ro/) has to adopt similar
of these measures on the company’s activities in a
measures through its Order 129/12.10.2022 approving
responsible and sustainable manner in the context
the Methodological Norms regarding the recognition
of a regulatory framework that has seen numerous
in the tariffs of the additional costs with the
successive and major changes in the recent period.
acquisition of electricity for covering the network
losses compared to the costs included in the
The Group actively reviews and implements policies
regulated tariffs, carried out between 1 January 2022
and strategies to recover from the loss generated
– 31 March 2025.
by the increase in energy price, strategies which
mainly aim in revising the method of generating
ANRE will determine the recognized annual amounts
the selling price for final consumers, concluding
of the capitalized costs based on the quantities and
agreements with specific clauses ensuring new
prices recognized for NL, and by 15 March of the year
financing facilities, closely monitoring suppliers and
immediately following the year of capitalization
consumers payment terms, monitoring daily cash
of the additional costs, ANRE will transmit to the
flow and forecasted cash flow. The Group continues
distribution operators the recognized annual
to closely monitor the macroeconomic outlook and
amounts of the capitalized costs for the previous
as additional information will be available, their
These annual consolidated financial statements
have been prepared in accordance with
International Financial Reporting Standards (“IFRS”)
as adopted by the European Union (“IFRS-EU”). The
consolidated financial statements were authorized
for issue by the Board of Directors on 25 March 2024
and will be submitted for shareholders’ approval in
the meeting scheduled on 25 April 2024.
Starting with the year ended 31 December 2022,
the Company also issues a primary set of the
consolidated financial statements prepared in
accordance with OMFP no. 2844/2016 (statutory
financial statements). Until 31 December 2021,
the consolidated financial statements prepared
in accordance with OMFP no. 2844/2016 were
equivalent to IFRS-EU. Starting with 31 December
2022, according to Order of Ministry of Public
Finances (OMFP) no. 3900/2022 that has included
a new clause related to the regulatory accounts
to capitalise the additional expenses for actual
energy costs as compared with the ex-ante ANRE
prices recognised in distribution tariffs for own
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A552
553
technological consumption network, which are
(a) Judgements
recognised as intangible assets (please see the
(a) the grantor controls or regulates what
revenues and expenditures being recognized
services the operator must provide with the
in the profit and loss account (related to the
primary set of financial statements in accordance
Information about judgements made in applying
infrastructure, to whom it must provide them,
construction and modernization of infrastructure),
with OMFP no. 2844/2016). Also, according to ANRE
accounting policies that have the most significant
and at what price; and
regulations issued in 2022, the capitalised costs
effects on the amounts recognised in the
as well as of a margin resulting from rendering the
construction services established by the Group.
of intangible non-current assets for the period
consolidated financial statements is included below.
(b) the grantor controls - through ownership,
Starting with 30 June 2023, the Group reassessed
01 January 2022 – 31 March 2025 are recorded in
the accounting records on the annual financial
Revenue recognition
statements according to the instructions developed
beneficial entitlement or otherwise - any
the margin applied and a margin of 4.35% is applied
significant residual interest in the infrastructure
for period 01 January 2023 – 31 December 2023,
at the end of the term of the arrangement.
based on the Group’s experience in working with
by the Ministry of Finance OMFP no. 2844/2016 with
The Group assesses its revenue arrangements
external contractors. Until 31 December 2022, the
subsequent amendments (Romanian GAAP).
based on specific criteria to determine if it is acting
The control or regulation referred to in condition
margin applied was 3%, as presented in the annual
as a principal or an agent. In applying IFRS 15, the
(a) could be by contract or otherwise (such as
consolidated financial statements as at and for the
The Group has consistently applied the accounting
Group has identified that it acts in the capacity
through a regulator). The activities of the electricity
year ended 31 December 2022.
policies to all periods presented in these
of an agent in case of transactions as Balancing
distribution operators, including distribution tariffs,
consolidated financial statements. Details of the
Responsible Party (“BRP”) and thus recognises
are regulated by ANRE.
(b) Assumptions and estimation uncertainties
Group’s accounting policies are included in Notes 7
revenue as the net amount of the commission
and 8.
earned by the Group. The Group concluded that
The concession contracts are concluded for a
Information about assumptions and estimation
it is acting as a principal in all other revenue
period of 49 years and may be extended for a
uncertainties that may result in a material
Other matters – format in accordance with the
arrangements.
period equal to no more than half of that period.
adjustment in the subsequent twelve-month period
European Securities and Markets Authority
As a price for the concession, the operators pay an
is included in the following notes:
(“ESMA”)
Service Concession Arrangements
annual royalty fee recognized in the distribution
tariff of 1/1000 of the revenues from electricity
Due to the technical limitations of the software used
The distribution subsidiaries (as operators) that
distribution. According to the concession contracts,
to present the consolidated financial statements in
merged into one single distribution operator as of
the operators use the assets representing the
the European single electronic format (“ESEF”), the
31 December 2020 concluded concession contracts
distribution network owned by them located in the
tables included in the footnotes are displayed in a
with the Ministry of Economy (as grantor) in 2005,
above-mentioned territory for electricity distribution.
linear, logical, and understandable manner.
updated by subsequent addendums. These
According to the concession contracts, the grantor
3
Functional and presentation currency
These consolidated financial statements are
presented in Romanian Lei (RON), which is the
functional currency of all Group companies.
All amounts have been rounded to the nearest
thousand, unless otherwise indicated.
4 Use of judgements and estimates
In preparing these consolidated financial
statements, management has made judgements,
estimates and assumptions that affect the
application of the Group’s accounting policies and
the reported amounts of assets, liabilities, income
and expenses. Actual results may differ from these
estimates. Estimates and underlying assumptions
are reviewed on an ongoing basis. Revisions to
estimates are recognised prospectively.
contracts concern the operation of electricity
distribution service in the established territory
(Transilvania Nord, Transilvania Sud, Muntenia
will buy at the end of the term of concession
contract the ownership right of the „relevant assets”,
that are mainly the electricity distribution networks,
Nord), on the risk and responsibility of the operators
at a price equal to the value of the regulated assets
and taking into account the regulations applicable
base at the end of the concession.
to the operation, modernization, rehabilitation
and development of energy distribution networks
Within the arrangements, the Group incurs
specified in the Electricity Law, the terms and
significant expenditure in relation to the
conditions of the licenses for electricity distribution
development and maintenance of the infrastructure.
and the regulations issued by ANRE. The distribution
The construction works are either outsourced by the
• Note 20 – assumptions and estimates of
operator resulting from the merger of the three
Group to sub-contractors, or performed internally.
amounts to be received from the state following
distribution operators within the Group, Distributie
Significant management judgment is involved in
the application of the compensation and
Energie Electrica Romania concluded addendums
accounting for the concession arrangements under
capping scheme.
to the concession agreements signed with the
IFRIC 12, including those in respect of the recognition
Ministry of Economy for the operation of electricity
of revenue based on the separation of construction
Measurement of fair values
distribution service in all three areas.
or upgrade services from operation services.
IFRIC 12 “Service Concession Arrangements”
The concessionaires act as service suppliers (they
disclosures require the measurement of fair values,
deals with public-to-private service concession
build, modernize and maintain the distribution
for both financial and non-financial assets and
arrangements. IFRIC 12 applies to public-to-private
network) and the revenues related to the
liabilities.
A number of the Group’s accounting policies and
service concession arrangements if:
construction or improvement of infrastructure
is recorded according to IFRS 15. This results in
• Note 8 d) – assumptions regarding recognition
of revenue from supply and distribution of
electricity to consumers based on estimates for
electricity delivered and for which no reading
was performed yet;
• Notes 20 and 32 – assumptions and estimates
about measurement of the allowance for trade
receivables at the level of expected credit losses
(ECL), respectively in determining the loss rates;
• Note 24 - assumptions regarding the revalued
value of tangible assets;
• Notes 30 and 34 – recognition and measurement
of provisions and contingencies;
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A554
555
When measuring the fair value of an asset or a liability, the Group uses market observable data as far as
Consolidated statement of financial position
possible. Fair values are categorised into different levels in a fair value hierarchy based on the inputs used
in the valuation techniques as follows:
• Level 1: quoted prices (unadjusted) in active markets for identical assets or liabilities, which the Group
can access;
• Level 2: inputs other than quoted prices included in Level 1 that are observable for the asset or liability,
either directly (i.e. as prices) or indirectly (i.e. derived from prices);
• Level 3: inputs for the asset or liability that are not based on observable market data (unobservable
inputs).
If the inputs used to measure the fair value of an asset or a liability might be categorised in different levels
of the fair value hierarchy, then the fair value measurement is categorised in its entirety in the same level of
the fair value hierarchy as the lowest level input that is significant to the entire measurement.
Financial assets related to concession
arrangements – non current portion
Financial assets related to concession
arrangements – current portion
Retained earnings
Deferred tax liabilities
Total assets
Total equity
Total liabilities
31 December 2022
as reported
previously
31 December 2022
reclassifications
31 December 2022
as restated
761,246
(761,246)
190,311
1,353,942
212,555
11,623,312
5,367,246
6,256,066
(190,311)
(799,308)
(152,249)
(951,557)
(799,308)
(152,249)
-
-
554,634
60,306
10,671,755
4,567,938
6,103,817
The Group recognises transfers between levels of the fair value hierarchy at the end of the reporting period
during which the change has occurred.
Consolidated statement of profit or loss
Further information about the assumptions made in measuring fair values is included in the following notes:
• Note 32 – Financial instruments;
• Note 24 – Property, plant and equipment.
5 Restatements
Other income
Income tax benefit/(expense)
31 December 2022
as reported
previously
3,792,520
(105,078)
31 December 2022
reclassifications
31 December 2022
as restated
(951,557)
152,249
2,840,963
47,171
Profit for the year
558,845
(799,308)
(240,463)
During 2023, the Group reassessed its previous position with the consolidated financial statements, related
to the recognition of financial asset from the amendment of the concession agreements, described in Note
Earnings/(Loss) per share
4. As of 31 December 2022, the Group recognised a financial asset in the amount of RON 951,557 thousand
as a result of such amendment in the balance sheet, representing the difference between the net cost with
the purchase of the energy for NL and the NL cost included in the regulatory tariff by ANRE, for the period
1 January – 31 December 2022. An equivalent amount was also recognised in the profit or loss as „Other
Basic and diluted earnings/(loss) per share
(RON)
Consolidated statement of cash flows
income”.
1.65
2.35
(0.71)
The following table summarise the impact on the Group’s consolidated financial statements:
Cash flows from operating activities
Profit
Other income from initial recognition of financial
assets rising from concession agreements
amendments
Income tax (benefit)/expense
Changes in:
Other receivables
Other payables
31 December 2022
as reported
previously
31 December 2022
reclassifications
31 December 2022
as restated
558,845
(799,308)
(240,463)
(951,557)
951,557
-
105,078
(152,249)
(47,171)
(138,335)
722,407
152,249
(152,249)
13,914
570,158
Net cash flow used in operating activities
(1,029,967)
-
(1,029,967)
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A556
557
6 Basis of measurement
Group has prepared a forecast that includes the
implemented and the strategies to reduce the
controlling interests are based on a proportionate
following assumptions:
risks which may occur due to the instability of the
amount of the net assets of the subsidiary.
The consolidated financial statements have been
prepared on the historical cost basis except for the
• A continuation of the support scheme until
land and buildings which are measured based on
31 March 2025 according to the applicable
the revaluation model.
7 Changes in significant accounting policies
Adopting new standards
The Group has not adopted new standards issued
by the International Accounting Standards Board
legislation but with a more stable flow of
repayments of the reimbursement requests for
subsidies as compared with last year, as the
mechanism has been operationally improved;
• The renewal of confirmed debt facilities is
planned up to a limit of RON 4,961,482 thousand,
including RON 2,736,419 thousand overdraft limits
(IASB) and adopted by the EU applicable on 1
limit;
January 2023, so there is no significant change in
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.
(b) Basis of consolidation
(iv) Transactions eliminated on consolidation
Intra-group balances and transactions, and any
unrealized income and expenses arising from intra-
group transactions, are eliminated in preparing the
consolidated financial statements.
Unrealized gains arising from transactions with
equity-accounted investees are eliminated against
the investment to the extent of the Group’s interest
in the investee. Unrealized losses are eliminated in
the same way as unrealized gains, but only to the
the consolidated statements of the Group.
• The utilization of not yet confirmed facilities,
The Group controls an entity when it is exposed
Adoption of new changes to existing standards
which will be drawn during the forecast period
involvement with the entity and has the ability to
overdrafts amounting to RON 574,111 thousand
to, or has rights to, variable returns from its
(c) Business combinations
and of which RON 250,000 thousand will be
affect those returns through its power over the
Subsidiaries are entities controlled by the Group.
extent that there is no evidence of impairment.
and RON 2,225,063 thousand long term loans
(i) Subsidiaries
The group adopted the Presentation of information
reimbursed during the forecast period.
regarding accounting policy (Amendments to IAS 1
and Statement 2 regarding IFRS practice). Although
the amendments did not lead to any change in the
accounting policies themselves, they had an impact
on the information presented in the consolidated
financial statements regarding the accounting
At the date of issuance of these consolidated
financial statements the regulatory position may
laws enacted which could adversely impact the
Groups operating cash flows during the forecast
policies. The management reviewed the accounting
period. Given the current market uncertainties, the
policies and updated the information presented in
„Note 8 Accounting Policies” and Note 9 “Adoption
of new and revised standards” (31 December 2022:
„Note 6 Significant Accounting Policies” and Note 7
“Adoption of new and revised standards”) in certain
cases, in accordance with the changes.
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
Except the above, the new amendments to existing
2022 for the distribution segment) as market share
standards that are effective starting with 1 January
on the electricity distribution and 17.72 % (according
8 Accounting policies
(a) Going concern
The consolidated 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
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
entity. Subsidiaries are included in the consolidation
perimeter from the date that control commences
until the date on which control ceases.
Acquisitions of businesses are accounted for
using the acquisition method. The consideration
transferred in a business combination is measured
at fair value, which is calculated as the sum of the
acquisition-date fair values of assets transferred
by the Group, liabilities incurred by the Group to
the former owners of the acquiree and the equity
On the loss of control, the Group derecognizes the
interest issued by the Group in exchange for control
assets and liabilities of the subsidiary, any non-
of the acquiree. Acquisition-related costs are
controlling interests and the other components
recognised in profit or loss as incurred.
of equity related to the subsidiary. Any surplus or
deficit arising on the loss of control is recognized in
(d) Revenue
profit or loss. If the Group retains any interest in the
previous subsidiary, then such interest is measured
at fair value at the date that control is lost.
Subsequently that retained interest is accounted
for as an equity-accounted investee or as an
available-for-sale financial asset depending on the
(iii) Non-controlling interests
The Group recognize the revenues from contracts
with customers in accordance with IFRS 15.
Under the standard, Revenue is recognized when
or as the customer acquires control over the goods
or services rendered, at the amount which reflects
the price at which the Group is expected to be
entitled to receive in exchange of those goods or
services. Revenue is recognized at the fair value of
The Group measures any non-controlling interests
the services rendered or goods delivered, net of VAT,
in the subsidiary at their proportionate share of the
excises or other taxes related to the sale.
subsidiary’s identifiable net assets.
Changes in the Group’s interest in a subsidiary that
do not result in a loss of control are accounted
for as equity transactions. Adjustments to non-
Supply and distribution of electricity
The revenue from supply and distribution of
electricity to consumers is recognized when
2023 do not have a material impact over the
to the latest ANRE report October 2022 for the supply
level of influence retained.
Group’s consolidated financial statements.
segment) as market share on the electricity supply
be further amended and there may be further
(ii) Loss of control
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A558
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electricity is delivered to consumers (consumed by
Generation and sale of electricity
the facts, circumstances and terms of each
(g) Finance income and finance costs
consumers), based on meter readings and based
project and only recognised to the extent that
on estimates for electricity delivered and for which
The electricity produced by the Group is mainly
it is highly probable not to significantly reverse
The Group’s finance income and finance costs
no reading was performed yet. The invoicing of
sold on the Day Ahead Market and the revenue is
in the future. Revenue in respect of claims is
include:
electricity sales is performed on a monthly basis.
recognized when the electricity is injected into the
recognised only if it is highly probable not to
Monthly electricity invoices are based on meter
network and is being sold on the market.
reverse in future periods.
readings or on estimated consumptions based on
the historical data of each consumer. Electricity
supplied to consumers which is not yet billed as at
the reporting date is accrued on the basis of recent
average consumption or based on subsequent
meter readings. Differences between estimated and
actual amounts are recorded in subsequent periods.
Revenues from electricity distribution and supply
also include the cost of green certificates recharged
by the Group to final consumers (see paragraph
(k)).
The Group acts in the capacity of an agent in case
of transactions as Balancing Responsible Party
(“BRP”). Thus, in its quality as an agent, the Group
recognizes revenue for the commission earned
in exchange for facilitating the transfer of goods
or services. Any holder of a production/supply/
distribution license must be established as a
Balancing Responsible Party or must delegate this
responsibility to a Balancing Responsible Party. By
delegating this responsibility to a BRP, there is the
benefit of imbalance aggregation in the meaning of
Balancing Market cost reduction by comparison with
the case where the producer/supplier/distributor
would act itself as a Balancing Responsible Party.
Electrica Furnizare S.A. acts as BRP for a large
number of participants, electricity producers as well
as electricity suppliers and distribution operators.
For the settlement of imbalances, BRP Electrica
is using the “method of internal redistribution
of payments”, ensuring benefits of imbalance
aggregation for all the participants included in
the BRP. BRP Electrica provides the transmission of
physical notifications to CNTEE Transelectrica SA
and its role is to balance the differences between
the electricity contracted and the electricity
measured at the level of the entire BRP.
Sale of green certificates
Electricity suppliers have 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 purchased and supplied
to final customers. Cost of green certificates is
invoiced to final customers separately from the
tariffs for electricity.
Electricity producers are entitled by the law in force
to receive a certain number of green certificates for
each MWH of electricity produced from renewable
sources and injected into the network. The green
certificates can be sold on the spot market, term
• If the outcome of a construction contract can
be estimated reliably, then contract revenue is
recognised in profit or loss in proportion to the
stage of completion of the contract. The stage of
completion is assessed with reference to surveys
of work performed. Otherwise, contract revenue
is recognized only to the extent of contract costs
incurred that are likely to be recoverable.
• Contract expenses are recognized as incurred
unless they create an asset related to future
contract activity. An expected loss on a contract
is recognised immediately as expense.
(e) Other income
market or a combination of both. The selling price
Revenues from the subsidies
must fall between the minimum and maximum
values set by Law no. 220/2008 for establishing the
system for promoting the production of electricity
from renewable energy sources, republished, with
subsequent amendments. Revenue from green
certificates is recognized in the profit or loss
statement when the green certificates are sold on
the trading market.
Service concession arrangement
Revenue related to construction or upgrade
services under service concession arrangement is
recognised based on the stage of completion of
the work performed, consistent with the accounting
policy on recognising revenue on construction
contracts, as follows:
Revenues from subsidies are recognised in profit or
loss on a systematic basis over the periods in which
the Group recognises as expenses the related costs
for which the grants are intended to compensate,
as a result of the application of the electricity price
cap. These subsidies are recoverable from the
National Agency for Payments and Social Inspection
for household consumers and from the Ministry of
Energy for non-household consumers, as a result
of the application of the electricity and natural gas
price ceiling mechanism and are applicable for
period 1 November 2021 – 31 March 2025. Starting
with April 2022, the revenues from subsidies are
recorded as the difference between the income
calculated at the contract price and the income
invoiced to the customer at the capped price.
• Revenue in respect of variations to contracts
and incentive payments is recognised when
(f) Repairs and maintenance
there is an enforceable right to payment and
Repair and maintenance expense is recorded as the
it is highly probable it will be agreed by the
operating expense base on an accrual basis.
customer. Variable consideration is assessed
on a contract by contract basis according to
• interest income;
• interest expense;
• foreign currency gains or losses on financial
assets and financial liabilities;
• impairment losses recognised on financial
assets (other than trade receivables).
Interest income or expense is recognised using the
effective interest method.
Income from financial assets is initially recognised
at fair value plus or minus transaction costs that are
directly attributable to its acquisition or issue.
(h)
Employee benefits
(i) Short-term employee benefits
Short-term employee benefits are measured on
an undiscounted basis and are expensed as the
related service is provided. A liability is recognised
for the amount expected to be paid if the Group has
a present legal or constructive obligation to pay
this amount as a result of past service provided by
the employee and the obligation can be estimated
reliably.
(ii) Defined benefit plans
The Group’s net obligation in respect of defined
benefit plans is calculated separately for each plan
by estimating the amount of future benefit that
employees have earned in the current and prior
periods, discounting that amount.
The calculation of defined benefit obligations is
performed annually by a qualified actuary using the
projected unit credit method.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A560
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Re-measurements of the net defined benefit liability,
(i) Current tax
in which the Group expects, at the reporting date, to
(j) Green certificates
which comprise actuarial gains and losses, are
recover or settle the carrying amount of its assets
recognised immediately in other comprehensive
Current tax comprises the expected tax payable or
and liabilities. Deferred tax assets and liabilities are
Electricity supply
income. The Group determines the net interest
expense/(income) on the net defined benefit
receivable on the taxable income or loss for the year
and any adjustment to tax payable or receivable
liability for the period by applying the discount rate
in respect of previous years. It is measured using
offset only if certain criteria are met.
Unrecognized deferred tax assets are reassessed at
purchase green certificates from producers of
Electricity suppliers have a legal obligation to
used to measure the defined benefit obligation at
tax rates enacted or substantively enacted at the
each reporting date and recognized to the extent
electricity from renewable sources, based on annual
the beginning of the annual period to the then-net
reporting date. Current tax also includes any tax
defined benefit liability, taking into account any
arising from dividends.
changes in the net defined benefit liability during
the period as a result of contributions and benefit
payments. Net interest expense and other expenses
related to defined benefit plans are recognised in
profit or loss.
When the benefits of a plan are changed or when
a plan is curtailed, the resulting change in benefit
that relates to past service or the gain or loss on
curtailment is recognised immediately in profit or
loss. The Group recognises gains and losses on
the settlement of a defined benefit plan when the
settlement occurs.
(iii) Other long-term employee benefits
The Group’s net obligation in respect of long-term
employee benefits is the amount of future benefit
that employees have earned in return for their
service in the current and prior periods. That benefit
is discounted to determine its present value. Re-
measurements are recognised in profit or loss in the
period in which they arise.
(ii) Deferred tax
Deferred tax is recognised in respect of temporary
differences between the carrying amounts of assets
and liabilities for financial reporting purposes and
the amounts used for taxation purposes. Deferred
tax is not recognised for:
• temporary differences on the initial recognition
of assets or liabilities in a transaction that is not
a business combination and that affects neither
accounting nor taxable profit or loss;
• temporary differences related to investments in
subsidiaries, associates and joint arrangements
to the extent that the Group is able to control
the timing of the reversal of the temporary
differences and it is probable that they will not
reverse in the foreseeable future; and
that it has become probable that the future taxable
targets or quotas set by law, which are applied to
profits will be available against which they can be
the quantity of electricity purchased and supplied to
used.
final customers.
The Group applies IFRIC 23 „Uncertainty over Income
The cost of green certificates is accrued in the profit
Tax Treatments”. IFRIC 23 clarifies how to apply
or loss based on the quantitative quota determined
the recognition and measurement requirements
by the regulator representing the quantity of the
in IAS 12 when there is uncertainty over income tax
green certificates that the Group has to purchase
treatments.
for the year and based on the price of green
certificates acquired on the centralized market. The
In such a circumstance, the Group shall recognise
obligation for covering the annual acquisition quota
and measure its current or deferred tax asset or
is accrued in profit or loss.
liability applying the requirements in IAS 12 based
on taxable profit (tax loss), tax bases, unused tax
Electricity generation
losses, unused tax credits and tax rates determined
applying this interpretation.
Electricity producers are entitled by the law in force
to receive a certain number of green certificates for
The Group assesses whether it is probable (more
each MWH of electricity produced from renewable
than 50% chances) that a tax authority will accept
sources and injected into the network.
an uncertain tax treatment.
Thus, the Group shall reflect the effect of uncertainty
when the producer has the right to receive as a
for each uncertain tax treatment by using either of
result of energy produced and delivered into the
Green certificates are recognized as inventories
• taxable temporary differences arising on the
the following methods, depending on which method
network, at nil nominal value. Recognition in the
initial recognition of goodwill.
the entity expects to better predict the resolution of
profit and loss account is done at the time of their
the uncertainty:
sale.
(iv) Termination benefits
Deferred tax assets are recognised for unused tax
losses, unused tax credits and deductible temporary
(a) the most likely amount - the single most likely
(k) Inventories
Termination benefits are expensed at the earlier of
when the Group can no longer withdraw the offer of
those benefits and when the Group recognises costs
for a restructuring. If benefits are not expected to
be settled wholly within 12 months of the end of the
reporting period, then they are discounted.
differences to the extent that it is probable that
future taxable profits will be available against which
they can be used. Deferred tax assets are reviewed
at each reporting date and are reduced to the
extent that it is no longer probable that the related
tax benefit will be realised.
(i) Income tax
Deferred tax is measured at the tax rates that are
expected to be applied to temporary differences
Income tax expense comprises current and deferred
when they reverse, using tax rates enacted or
tax. It is recognised in profit or loss except to the
substantively enacted at the reporting date. The
extent that it relates to a business combination
measurement of deferred tax reflects the tax
or items recognised directly in equity or in other
consequences that would follow from the manner
comprehensive income.
amount in a range of possible outcomes. The
most likely amount may better predict the
resolution of the uncertainty if the possible
outcomes are binary or are concentrated on one
value.
Inventories consist mainly of spare parts that do not
meet the recognition criteria for property, plant and
equipment, consumables, goods for resale, other
inventories and the natural gas storage.
(b) the expected value - the sum of the
Inventories are measured at the lower of cost and
probability-weighted amounts in a range of
possible outcomes. The expected value may
better predict the resolution of the uncertainty
if there is a range of possible outcomes that are
neither binary nor concentrated on one value.
net realizable value.
The cost of inventories is based on the weighted
average cost method. The cost of inventories
includes all the acquisition costs and other
expenses related to bringing the inventories to their
current place and condition.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A562
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Consumables used for the repairs and maintenance
Spare parts, stand-by and servicing equipment
subsequently amended and supplemented, access
• From 25 July 2022 they do not become part of
of the electricity network are included in profit and
are classified as property, plant and equipment if
to power grids of public interest is a mandatory
the distribution operator’s assets, on the basis of
loss when consumed and presented in “Repairs,
they are expected to be used during more than one
service provided under regulatory conditions, which
Law no. 248/2022 and ANRE Order no. 133/2022,
maintenance and materials”.
period or can be used only in connection with an
the transmission and system operator as well as the
they are only transferred to the distribution
item of property, plant and equipment.
distribution operators must ensure.
operator for operation.
(l) Property, plant and equipment
(i) Recognition and measurement
plant and equipment is recognised in profit or loss.
distribution operators are obliged to communicate
160/2020 amending ANRE Order no.59/2013, the
Any gain or loss on disposal of an item of property,
At the request of a new or pre-existing customer, the
Starting with 2021, according to ANRE Order no.
Property, plant and equipment are stated initially at
(ii) Subsequent expenditure
cost, which includes purchase price and other costs
directly attributable to acquisition and bringing the
Subsequent expenditure is capitalised only if it
asset to the location and condition necessary for
is probable that the future economic benefits
their intended use.
associated with the expenditure will flow to the
After initial recognition, land and buildings
are measured at revalued amounts less any
(iii) Depreciation
accumulated depreciation and any accumulated
Group.
impairment losses since the most recent valuation.
Depreciation is calculated to write off the cost of
The other items of property, plant and equipment
items of property, plant and equipment less their
are measured at cost less any accumulated
estimated residual values using the straight-line
depreciation and any accumulated impairment
method over their estimated useful lives and is
losses. Revaluations of land and buildings are made
recognised in profit or loss. Leased assets are
with sufficient regularity to ensure that the carrying
depreciated over the shorter of the lease term and
amount does not differ materially from the one that
their useful lives unless it is reasonably certain that
would be determined using the fair value at the end
the Group will obtain ownership by the end of the
of the reporting period. When a building is revalued,
lease term. Land and construction in progress are
the accumulated depreciation is eliminated against
not depreciated.
the gross carrying amount of that item, and the net
amount is restated to the revalued amount of the
asset.
The estimated useful lives of property, plant and
equipment are as follows:
the technical and economic conditions for the
connection installations that are financed by the
connection network and to cooperate with the
customers will remain in their ownership and are
applicant to choose the most advantageous
being exploited by the network operator. However,
technical and economic solution. Afterwards,
according to ANRE Order no. 17/2021 for the
a connection contract is concluded between
connection installations of all household consumers
the distribution operator and the customer at
and of the non-household with lengths less than 2.5
a regulated tariff. The actual construction of
km, the distribution operator has the obligation to
the connection installation is carried out by a
finance them and these will remain in the ownership
construction supplier certified by ANRE.
of the network operator.
The Group collects cash from customers, which
(n) Intangible asset in a service concession
is used only to pay for the construction of the
arrangement
connection station, and the Group must then use
this asset to connect customers to the network.
(i) Recognition and measurement
According to ANRE Order no. 59/2013, with
subsequent amendments, these assets remain in
the ownership of the network operator.
The Group recognises an intangible asset arising
from a service concession arrangement when it
has a right to charge for use of the concession
The Group recognizes the assets at nil value, net of
infrastructure. An intangible asset received as
the amount of the deferred income representing the
consideration for providing construction or upgrade
contributions from customers. The assets financed
services in a service concession arrangement is
from connection fees received from the new users of
measured at fair value on initial recognition with
the distribution network are not included in the RAB.
reference to the fair value of the services provided.
At the end of the concession contract, the assets
Subsequent to initial recognition, the intangible
built from the connection tariff will be transferred to
asset is measured at cost, less accumulated
If significant parts of an item of property, plant
and equipment have different useful lives, then
they are accounted for as separate items (major
components) of property, plant and equipment.
Properties in the course of construction for
production, supply or administrative purposes, or
for purposes not yet determined, are carried at
cost, less any recognised impairment loss. Cost
includes professional fees and, for qualifying assets,
borrowing costs capitalised in accordance with the
Group’s accounting policy. Depreciation of these
assets, determined on the same basis as other
property assets, commences when the assets are
ready for their intended use.
Category
Buildings
Equipment
Motor vehicles and office
equipment
Useful lives (years)
the concessionaire free of charge together with the
amortization and accumulated impairment losses.
45-70
3-25
3-10
assets part of RAB.
In the case of non-household customers, the value
of the connection works, including those for the
design/construction of the connection/connection,
is entirely borne by the customers. Assets resulting
from connection work:
(ii) Amortization
The amortization method used is selected on the
basis of the expected pattern of consumption of
the expected future economic benefits embodied
in the asset, and is applied consistently from
period to period, unless there is a change in the
Depreciation methods, useful lives and residual
values are reviewed at each reporting date and
adjusted if appropriate.
(m) Connection fees
According to art. 25 paragraph (1) of Law no.
123/2012 on electricity and natural gas, as
• In the period from 1 January 2022 to 24 July 2022,
expected pattern of consumption of those future
they enter the distribution operator’s assets from
economic benefits. The Group determined that the
the time of commissioning, on the basis of GEO
amortization method that reflects appropriately the
no. 143/2021, without being recognised by ANRE
expected pattern of consumption of the expected
as part of the regulated asset base.
future economic benefits is correlated with the
amortisation of the regulated asset base “RAB”.
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(o) Other intangible assets
(q) Financial instruments
consist solely of payments of principal and interest
The exemption was applicable between 1 November
(i) Recognition and measurement
Financial assets and financial liabilities are
on the principal amount outstanding.
2021 until 31 January 2022 for several types of non-
household consumers from payment of regulated
Other intangible assets that are acquired by the
position when the Group becomes a party to the
amount at which the financial asset is measured
Group and have finite useful lives are measured
contractual provisions of the instrument.
at initial recognition minus the principal
Cash and cash equivalents
at cost less accumulated amortization and any
reimbursements, plus the cumulative amortization
accumulated impairment losses.
Financial assets and financial liabilities are initially
using the effective interest method of any difference
Cash and cash equivalents comprise cash
recognised in the Group’s statement of financial
The amortized cost of a financial asset is the
tariffs and other taxes/contributions.
(ii) Subsequent expenditure
Subsequent expenditure is capitalised only when it
increases the future economic benefits embodied
in the specific asset to which it relates. All other
expenditure, including expenditure on internally
generated goodwill and brands, is recognised in
profit or loss as incurred.
(iii) Amortization
Amortization is calculated to write off the cost of
intangible assets less their estimated residual
values using the straight-line method over their
estimated useful lives and is generally recognised in
profit or loss.
The estimated useful lives of software and licenses
are 3-5 years.
Amortization methods, useful lives and residual
values are reviewed at each reporting date and
adjusted if appropriate.
(p) Goodwill
Goodwill is measured as the value of the
consideration transferred (fair value) plus the
amount of any non-controlling interest (NCI) plus
the fair value of previous equity interests minus
the net of the acquisition-date amounts of the
identifiable assets acquired and the liabilities
assumed (measured in accordance with IFRS 3).
Goodwill arising on the acquisition of subsidiaries
is measured at cost less accumulated impairment
losses.
measured at fair value. Transaction costs that are
directly attributable to the acquisition or issue of
financial assets and financial liabilities (other than
financial assets and financial liabilities at fair value
through profit or loss) are added to or deducted
from the fair value of the financial assets or financial
between that initial amount and the maturity
amount, adjusted for any loss allowance. The
balances, call deposits and deposits with maturities
of three months or less from the set-up date that
gross carrying amount of a financial asset is the
are subject to an insignificant risk of changes in
amortized cost of a financial asset before adjusting
their fair value and are used by the Group in the
for any loss allowance.
management of its short-term commitment.
liabilities, as appropriate, on initial recognition.
Foreign exchange gains and losses
(ii) Financial liabilities
Transaction costs directly attributable to the
acquisition of financial assets or financial liabilities
at fair value through profit or loss are recognised
immediately in profit or loss.
A financial instrument is any contract that gives
rise to both a financial asset of one enterprise
and a financial liability or equity shares of another
enterprise. For this purpose, a financial asset is any
asset that is (a) cash; (b) a contractual right to
receive cash or another financial asset from another
enterprise; (c) a contractual right to exchange
financial instruments with another enterprise under
conditions that are potentially favourable; or (d) an
equity share of another enterprise.
(i) Financial assets
All regular way purchases or sales of financial
assets are recognised and derecognised on a trade
date basis. Regular way purchases or sales are
purchases or sales of financial assets that require
delivery of assets within the time frame established
by regulation or convention in the marketplace.
All recognised financial assets are measured
subsequently in their entirety at either amortised
cost or fair value, depending on the classification of
the financial assets.
Financial assets are initially measured at fair value
and subsequently at amortized cost in accordance
with IFRS 9, as they are held in a business model to
collect contractual cash flows and these cash flows
The carrying amount of financial assets that are
All financial liabilities are measured subsequently at
denominated in a foreign currency is determined in
amortised cost using the effective interest method
that foreign currency and translated at the spot rate
or at fair value through profit or loss.
at the end of each reporting period.
Loans and receivables
Financial liabilities that are not (i) contingent
consideration of an acquirer in a business
combination, (ii) held-for-trading, or (iii) valued
These assets are initially recognised at fair
as at fair value, are measured subsequently at
value plus any directly attributable transaction
amortised cost using the effective interest method.
costs. Subsequent to initial recognition, they are
measured at amortised cost using the effective
The effective interest method is a method of
interest method. The amortised cost is reduced by
calculating the amortised cost of a financial liability
impairment losses. Loans and receivables comprise
and of allocating interest expense over the relevant
trade receivables, cash and cash equivalents and
period. The effective interest rate is the rate that
deposits.
Trade receivables
exactly discounts estimated future cash payments
(including all fees and points paid or received that
form an integral part of the effective interest rate,
transaction costs and other premiums or discounts)
Trade receivables include mainly unsettled
through the expected life of the financial liability,
invoices issued until reporting date for supply and
or (where appropriate) a shorter period, to the
distribution of electricity and services, late payment
amortised cost of a financial liability.
penalties and accrued revenue for electricity
delivered and services rendered until the end of the
Other financial liabilities include bank borrowings,
year,but invoiced after the end of the ye.
bank overdrafts, financing for network construction
related to concession agreements and trade
Other receivables from capping schemes:
payables.
The compensation of household consumers for part
of the costs incurred by the electricity invoices was
applicable between 1 November 2021 until 31 March
2022.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A566
567
(iii) Share capital
(i) Significant increase in credit risk
Derecognition of financial assets
(s) Dividends
Ordinary shares
In assessing whether the credit risk on a financial
The Group derecognises a financial asset only
Dividends are recognized as a deduction from
instrument has increased significantly since initial
when the contractual rights to the cash flows from
equity in the period in which their distribution is
Ordinary shares are classified as equity. Incremental
recognition, the Group compares the risk of a
the asset expire, or when it transfers the financial
approved and recognised as a liability to the extent
costs directly attributable to the issue of ordinary
default occurring on the financial instrument at the
asset and substantially all the risks and rewards
it is unpaid at the reporting date. Dividends are
shares, net of any tax effects, are recognised as a
reporting date with the risk of a default occurring
of ownership of the asset to another entity. If the
disclosed in the notes to financial statements when
deduction from equity.
on the financial instrument at the date of initial
Group neither transfers nor retains substantially all
their distribution is proposed after the reporting
recognition.
the risks and rewards of ownership and continues to
date and before the date of the issuance of the
premium.
(iv) Impairment
appropriate. Any recoveries made are recognised in
profit or loss.
If an asset’s carrying amount is increased as a
Repurchase and reissue of ordinary shares
(treasury shares)
When shares recognised as equity are repurchased,
the amount of the consideration paid, which
includes directly attributable costs, net of any tax
effects, is recognised as a deduction from equity.
Repurchased shares are classified as treasury
Irrespective of the above analysis, the Group
considers that default has occurred when a
financial asset is more than 90 days past due
unless the Group has reasonable and supportable
information to demonstrate that a more lagging
default criterion is more appropriate.
shares and are presented in the treasury share
(ii) Write-off policy
reserve.
When treasury shares are sold or reissued
finalization of the bankruptcy proceedings.
subsequently, the amount received is recognised
Financial assets written off may still be subject to
as an increase in equity and the resulting surplus or
enforcement activities under the Group’s recovery
deficit on the transaction is presented within share
procedures, taking into account legal advice where
The Group writes off a financial asset after the
Impairment of financial assets
credit losses
(iii) Measurement and recognition of expected
The Group recognizes a loss allowance for expected
credit losses on investments in debt instruments
that are measured at amortized cost or at fair
value through other comprehensive income. The
amount of expected credit losses is updated at
each reporting date to reflect changes in credit risk
since initial recognition of the respective financial
instrument.
The Group always recognizes lifetime expected
credit losses for trade receivables. The expected
credit losses on these financial assets are estimated
using a provision matrix based on the Group’s
historical credit loss experience, adjusted for factors
that are specific to the debtors, general economic
conditions and an assessment of both the current
The measurement of expected credit losses is a
function of the probability of default, loss given
default (i.e. the magnitude of the loss if there
is a default) and the exposure at default. The
assessment of the probability of default and loss
forward-looking information as described above. As
for the exposure at default, for financial assets, this
is represented by the assets’ gross carrying amount
at the reporting date.
For financial assets, the expected credit loss is
estimated as the difference between all contractual
cash flows that are due to the Group in accordance
with the contract and all the cash flows that the
Group expects to receive, discounted at the original
as well as the forecast direction of conditions at the
effective interest rate.
reporting date, including time value of money where
appropriate.
control the transferred asset, the Group recognises
financial statements.
its retained interest in the asset and an associated
liability for amounts it may have to pay. If the Group
(t) Pre-paid capital contributions in kind from
retains substantially all the risks and rewards of
shareholders
ownership of a transferred financial asset, the Group
continues to recognise the financial asset and
also recognises a collateralised borrowing for the
proceeds received.
(r) Revaluation reserve
These contributions from a shareholder represent
pre-paid contributions of land for which the
Company obtained title deeds in respect of future
issuance of shares. The amounts recorded are
based on the fair value of the land.
The difference between the revalued amount and
(u) Provisions
the net carrying amount of property, plant and
equipment is recognised as revaluation reserve
included in equity.
A provision is recognised if, as a result of a past
event, the Group has a present, legal or constructive
obligation that can be estimated reliably, and it is
probable that an outflow of economic benefits will
result of a revaluation, the increase is recognised
be required to settle the obligation. Provisions are
and accumulated in equity under the heading
of revaluation reserve. However, the increase is
recognised in profit and loss to the extent that
it reverses a revaluation decrease of the same
determined by discounting the expected future cash
flows at a pre-tax rate that reflects current market
assessments of the time value of money and the
risks specific to the liability. The unwinding of the
amount of the asset previously recognised in profit
discount is recognised as finance cost.
and loss.
If an asset’s carrying amount is decreased as a
the Group has approved a detailed and formal
A provision for restructuring is recognised when
in profit or loss. However, the decrease is recognized
has commenced or has been announced publicly.
in equity in revaluation reserves if there is any
Future operating losses are not provided for.
credit balance existing in the revaluation reserve in
respect of that asset.
The revaluation reserve is transferred to retained
earnings in an amount corresponding to the use of
the asset (as the asset is depreciated) and upon
disposal of the asset.
(v) Contingent assets and liabilities
A contingent liability is:
(a) a possible obligation that arises from past
events and whose existence will be confirmed
only by the occurrence or non-occurrence of
one or more uncertain future events not wholly
within the control of the Group; or
given default is based on historical data adjusted by
result of a revaluation, the decrease is recognised
restructuring plan, and the restructuring either
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A568
569
(b) a present obligation that arises from past events
The Group remeasures the lease liability (and
(x) Investment in associates
whether it is necessary to recognise any impairment
that is not recognised because:
makes a corresponding adjustment to the related
loss with respect to the Group’s investment in an
i. it is not probable that an outflow of resources
right-of-use asset) whenever:
An associate is an entity over which the Group has
associate. When the entire carrying amount of
significant influence and that is neither a subsidiary
the investment (including goodwill) is tested for
embodying economic benefits will be
• the lease term has changed or there is a
nor an interest in a joint venture. Significant
impairment in accordance with IAS 36 as a single
required to settle the obligation; or
significant event or change in circumstances
influence is the power to participate in the financial
asset by comparing its recoverable amount (higher
resulting in a change in the assessment of
and operating policy decisions of the investee but is
of value in use and fair value less costs of disposal)
exercise of a purchase option, in which case the
not control or joint control over those policies.
ii. the amount of the obligation cannot be
measured with sufficient reliability.
lease liability is remeasured by discounting the
revised lease payments using a revised discount
Contingent liabilities are not recognized in the
Group’s financial statements, but disclosed unless
rate;
the possibility of an outflow of resources embodying
• the lease payments change due to changes
The results and assets and liabilities of associates
are incorporated in these consolidated financial
statements using the equity method of accounting,
except when the investment is classified as held for
economic benefits is remote.
in an index or rate or a change in expected
sale, in which case it is accounted for in accordance
payment under a guaranteed residual value,
with IFRS 5.
with its carrying amount. Any impairment loss
recognised is not allocated to any asset, including
goodwill that forms part of the carrying amount of
the investment. Any reversal of that impairment
loss is recognised in accordance with IAS 36 to
the extent that the recoverable amount of the
investment subsequently increases.
The Group discontinues the use of the equity
method from the date when the investment ceases
A contingent asset is a possible asset that
arises from past events and whose existence will
be confirmed only by the occurrence or non-
occurrence of one or more uncertain future events
not wholly within the control of the Group.
A contingent asset is not recognized in the Group’s
financial statements, but disclosed when an inflow
of economic benefits is probable.
(w) Leases
(i) The Group as lessee
basis over the term of the lease unless another
systematic basis is more representative of the time
pattern in which economic benefits from the leased
assets are consumed.
The lease liability is initially measured at the present
value of the lease payments that are not paid at
the commencement date, discounted by using
the default rate in the lease. If this rate cannot be
readily determined, the Group uses its incremental
borrowing rate.
The lease liability is presented as a separate line
in the consolidated statement of financial position.
The lease liability is subsequently measured by
increasing the carrying amount to reflect interest
on the lease liability (using the effective interest
method) and by reducing the carrying amount to
reflect the lease payments made.
in which cases the lease liability is remeasured
by discounting the revised lease payments
using an unchanged discount rate (unless the
lease payments change is due to a change in
a floating interest rate, in which case a revised
discount rate is used);
• a lease contract is modified and the lease
modification is not accounted for as a separate
lease, in which case the lease liability is
remeasured based on the lease term of the
modified lease by discounting the revised lease
payments using a revised discount rate at the
effective date of the modification.
underlying asset. If a lease transfers ownership
of the underlying asset or the cost of the right-
of-use asset reflects that the Group expects to
exercise a purchase option, the related right-of-
use asset is depreciated over the useful life of the
underlying asset. The depreciation starts at the
commencement date of the lease. The right-of-
use assets are presented as a separate line in the
consolidated statement of financial position.
(ii) Rental income
Rental income from property, plant and equipment
other than investment property is recognised as
Other income. Rental income is recognised on a
Under the equity method, an investment in an
associate is recognised initially in the consolidated
to be an associate.
statement of financial position at cost and adjusted
thereafter to recognise the Group’s share of the
(y) Segment reporting
profit or loss and other comprehensive income of
the associate.
Segment results that are reported to the Company’s
Board of Directors (the chief operating decision
When the Group’s share of losses of an associate
maker) include items directly attributable to a
exceeds the Group’s interest in that associate
segment as well as those that can be allocated on a
(which includes any long-term interests that, in
reasonable basis.
substance, form part of the Group’s net investment
in the associate), the Group discontinues
(z) Subsequent events
recognising its share of further losses. Additional
An investment in an associate is accounted for
in the consolidated financial statements. Events
using the equity method from the date on which
occurring after the reporting date that provide
the investee becomes an associate. On acquisition
information on events that occurred after the
of the investment in an associate, any excess of
reporting date (non-adjusting events), when
the cost of the investment over the Group’s share
material, are disclosed in the notes to the
of the net fair value of the identifiable assets and
consolidated financial statements. When the going
liabilities of the investee is recognised as goodwill,
concern assumption is no longer appropriate at or
which is included within the carrying amount of the
after the reporting period, the financial statements
investment. Any excess of the Group’s share of the
are not prepared on a going concern basis.
net fair value of the identifiable assets and liabilities
over the cost of the investment, after reassessment,
is recognised immediately in profit or loss in the
period in which the investment is acquired.
Right-of-use assets are depreciated over the
losses are recognised only to the extent that the
Events occurring after the reporting date 31
Group has incurred legal or constructive obligations
December 2023, which provide additional
shorter period of lease term and useful life of the
or made payments on behalf of the associate.
information about conditions prevailing at the
reporting date (adjusting events) are reflected
straight-line basis over the term of the lease.
The requirements of IAS 36 are applied to determine
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A570
571
9 Adoption of new and revised standards and
As of 31 December 2023, the Group adopted
of publication of these consolidated financial
new IFRS international financial reporting standard
interpretations
Disclosure of Accounting Policies (Amendments to
statements (the effective dates stated below is for
that will align the current standard „IFRS 14 Deferral
Initial application of new amendments to the
existing standards effective for the current
reviewed the accounting policies and made
updates as per “Note 7 Changes in significant
IAS 1 and IFRS Practice Statement 2). Management
IFRS as issued by IASB):
• IFRS 14 “Regulatory Deferral Accounts” (effective
global level, which is expected to take into account
Accounts Related to Regulated Activities” to the
new requirements of the energy market at EU and
reporting period
accounting policies” in certain instances in line with
for annual periods beginning on or after 1
all relevant related subjects, including the proper
The following amendments to the existing standards
issued by the International Accounting Standards
Except of the above, the adoption of amendments
the amendments.
January 2016) – the European Commission has
treatment of own technological consumption
decided not to launch the endorsement process
expenses. IASB has redeliberated proposals in the
of this interim standard and to wait for the final
Exposure Draft Regulatory Assets and Regulatory
Board (IASB) and adopted by the EU are effective for
to the existing standards has not led to any material
standard;
the current reporting period:
changes in the Group’s consolidated financial
statements.
• IFRS 17 “Insurance Contracts” including
amendments to IFRS 17 issued by IASB on 25 June
Standards and amendments to the existing
2020 - adopted by the EU on 19 November 2021
standards issued by IASB and adopted by the EU
(effective for annual periods beginning on or
but not yet effective
after 1 January 2023);
• Amendments to IFRS 17 “Insurance contracts”
financial statements, the following amendments
At the date of authorization of these consolidated
• Amendments to IAS 1 “Presentation of Financial
Statements” - Classification of Liabilities as
Current or Non-Current (effective for annual
periods beginning on or after 1 January 2024);
• Amendments to IAS 1 “Presentation of Financial
Statements” - Non-current Liabilities with
Covenants (effective for annual periods
- Initial Application of IFRS 17 and IFRS 9 –
to the existing standards were issued by IASB and
beginning on or after 1 January 2024);
Comparative Information, adopted by the EU on
adopted by the EU and which are not yet effective:
9 September 2022 (effective for annual periods
beginning on or after 1 January 2023);
•
The first two IFRS Sustainability Disclosure
Standards in June 2023: IFRS S1 General
• Amendments to IAS 1 “Presentation of Financial
Requirements for Disclosure of Sustainability-
• Amendments to IFRS 16 “Leases” - Lease Liability
in a Sale and Leaseback (effective for annual
periods beginning on or after 1 January 2024);
Statements” and IFRS Practice Statement 2 -
related Financial Information and IFRS S2
• Amendments to IFRS 10 “Consolidated
Disclosure of Accounting Policies adopted by the
Climate-related Disclosures, adopted by the EU
Financial Statements” and IAS 28 “Investments
EU on 2 March 2022 (effective for annual periods
on 31 July 2023 (effective for annual reporting
beginning on or after 1 January 2023);
periods beginning on or after 1 January 2024).
• Amendments to IAS 8 “Accounting Policies,
The Group has elected not to adopt the
Changes in Accounting Estimates and Errors”
amendments to existing standards in advance of
– Definition of Accounting Estimates adopted
their effective dates. The Group anticipates that
by the EU on 2 March 2022 (effective for annual
the adoption of these amendments to existing
periods beginning on or after 1 January 2023);
standards will have no material impact on the
financial statements of the Group in the period of
• Amendments to IAS 12 “Income Taxes” - Deferred
initial application.
Tax related to Assets and Liabilities arising
in Associates and Joint Ventures” - Sale or
Contribution of Assets between an Investor
and its Associate or Joint Venture and
further amendments (effective date deferred
indefinitely until the research project on the
equity method has been concluded);
• Amendments to IAS 21 The Effects of Changes in
Foreign Exchange Rates: Lack of Exchangeability
(applicable for annual periods beginning on or
after 1 January 2025, but not yet endorsed in the
from a Single Transaction adopted by the EU
New standards and amendments to the existing
EU);
on 11 August 2022 (effective for annual periods
standards issued by IASB but not yet adopted by
beginning on or after 1 January 2023);
the EU
• International Tax Reform—Pillar Two Model Rules
At present, IFRS as adopted by the EU do not
– Amendments to IAS 12 (the Amendments) to
significantly differ from regulations adopted by
clarify the application of IAS 12 “Income Taxes”
the International Accounting Standards Board
(effective for annual periods beginning on or
(IASB) except for the following new standards and
• Amendments to IAS 7 Statement of Cash Flows
and IFRS 7 Financial Instruments: Disclosures:
Supplier Finance Arrangements (applicable for
annual periods beginning on or after 1 January
2024, but not yet endorsed in the EU).
after 1 January 2023).
amendments to the existing standards, which
were not endorsed for use in EU as at the date
The International Accounting Standards Board has
been currently working on the development of a
Liabilities based on the feedback received on
previous variants on Exposure Drafts made available
for public comment (https://www.ifrs.org/projects/
work-plan/rate-regulated-activities/#current-
stage). As debated in exposure drafts, until now
there is no approved legislation at IASB level.
Currently IFRS 14 (originally issued in January 2014
and applied to an entity’s first annual IFRS financial
statements for a period beginning on or after 1
January 2016) can be applied only when a reporting
entity is a IFRS First Time Adopter. As the Group is
not a IFRS First Time Adopter, the management of
the Company did not consider any impact coming
out from the application of IFRS 14, further guidance
being expected in the future.
The Group anticipates that the adoption of these
new standards and amendments to the existing
standards will have no material impact on the
consolidated financial statements of the Group in
the period of initial application.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A572
573
10 Operating segments
(a) Basis for segmentation
The following summary describes the operations of each reportable segment:
Reportable segments
Operations
Electricity and natural gas
supply
Buying and supplying electricity and natural gas to final consumers
(includes Electrica Furnizare S.A.)
Electricity distribution
Electricity generation
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).
Production of electricity from renewable sources (Sunwind Energy
S.R.L., New Trend Energy S.R.L., and Foton Power Energy S.R.L and the
activity carried out by Electrica S.A. in the electricity production
segment).
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 Adjusted
EBITDA (see definition below) 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 segments. 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.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.Al
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NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
576
577
11 Revenue
Electricity distribution and supply, net
Supply of natural gas
Construction revenue related to concession agreements (Note 25)
Repairs, maintenance and other services rendered
Proceeds from sale of green certificates
Re-connection fees
Consulting services
Sales of merchandise
Total
*please see Note 5
2023
8,457,651
191,339
1,018,912
74,077
3,212
14,362
106
56,934
2022
(restated)*
8,991,986
322,320
611,294
45,937
3,741
3,824
-
30,794
13
Other income and expenses
(a) Other income
Subsidies related to electricity supply and natural gas (Note 20)
Rental income
Late payment penalties from customers
Other
Total
*please see Note 5
2023
3,306,839
92,332
71,075
28,307
2022
(restated)*
2,687,131
92,486
52,110
9,236
3,498,553
2,840,963
9,816,593
10,009,896
Rental income refers mainly to the subsidies, following by rental of the electricity poles by the distribution
subsidiary to telecom operators.
In respect to the timing of the revenue recognition, most of the Group’s services provided are transferred
During 2023, the Group recognized subsidies on the supply segment recognized subsidies of RON 3,306,839
to the customer over time, only a small part amounting to RON 2,921 thousand (2022: RON 2,694 thousand)
thousand, out of which RON 2,614,535 thousand outstanding receivable from the Ministry of Energy following
being transferred at a point in time (e.g. metering services provided by the distribution companies,
providing periodic data analysis to the customer for certain taxes collected on behalf of them).
the application of the electricity and natural gas price capping and compensation mechanism, approved
by Order no. 118/2021 with subsequent amendments and GEO no. 27/2022, the latter being amended by GEO
12 Electricity, natural gas and merchandise purchased
Electricity purchased
Green certificates purchased
Cost of merchandise
Natural gas purchased
Total
2023
8,238,811
543,359
221,255
54,551
2022
9,380,690
609,107
493,847
23,165
9,057,976
10,506,809
The cost of electricity and natural gas purchased includes the cost of the green certificates purchased
by the supply subsidiary which 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 purchased and supplied to final customers. The cost of green certificates is then
invoiced to final customers separately from electricity tariffs.
no. 119/2022.
(b) Other operating expenses
Utilities
Other taxes and duties
IT services
Fines and penalties
Printing and distribution of invoices services
Meters reading expenses
Bank fees
Security services
Advertising and publicity expenses
Penalties to State budgets
Cash collection services
Postage and telecommunication services
Call centre services
Rent
Other
Total
14
Net finance income/(cost)
2023
63,138
51,549
51,151
48,404
36,341
29,831
26,635
19,795
14,654
14,482
13,148
11,448
12,047
12,461
26,315
2022
56,643
46,950
34,929
12,948
44,092
39,748
10,836
17,549
7,440
2,135
14,632
21,010
18,998
10,929
14,132
431,399
352,971
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A578
579
Interest income
Other finance income
Total finance income
Interest expense
Interest cost for employee benefits (Note 17)
Foreign exchange losses, net
Total finance costs
Net finance cost
15 Earnings/(loss) per share
2023
3,270
155
3,425
2022
2,847
6,871
9,718
(280,463)
(156,985)
(10,043)
(6,714)
(297,220)
(293,795)
(7,354)
(10,374)
(174,713)
(164,995)
The calculation of basic and diluted earnings/(loss) per share has been based on the following profit
attributable to Company’s shareholders and weighted-average number of ordinary shares outstanding:
Profit/(Loss) attributable to shareholders
Profit/(Loss) for the year attributable to the owners of the Company
Profit/(Loss) attributable to shareholders of the Company
*please see Note 5
Number of ordinary shares (in number of shares)
Number of ordinary shares at 31 December
2023
772,217
772,217
2022
(restated)*
(240,354)
(240,354)
2023
2022
339,553,004
339,553,004
For the calculation of 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.
Earnings/(Loss) per share
Basic and diluted earnings/(loss) per share (RON)
2023
2022
(restated)
2.27
(0.71)
16 Short-term employee benefits
Personnel payables
Current portion of defined benefit liability and other employee
benefits
Social security charges
Tax on salaries
Total
31 December 2023
31 December 2022
70,598
12,871
31,192
5,887
70,105
11,548
27,301
5,220
120,548
114,174
For details of the related employee benefit expenses, see Note 18.
In Romania, all employers and employees, as well as other persons, are contributors to the State social
security system. The social security system covers pensions, child benefit, temporary inability to work
situations, risks of work accidents and professional diseases and other social assistance services,
redundancy payments and incentives granted to employers for creating new jobs.
17 Post-employment and other long-term employee benefits
The Group provides cash benefits to employees depending on seniority in the form of jubilee bonuses and
depending on the years of service at retirement in the form of retirement bonuses. The post-employment
and other long-term employee benefits are stipulated in the Collective Labour Contracts.
In 2023 and 2022, employee benefit obligations were computed by an independent actuary using the
projected unit credit method with benefits calculated proportionally to the period of service.
Defined benefit liability
Other long-term employee benefits
Total
- Current portion*
- Non-current portion
*included in Personnel payables in Note 16
31 December 2023
31 December 2022
55,839
108,923
164,762
13,404
151,358
41,675
87,762
129,437
12,168
117,269
(i) Movement in the defined benefit liability and other long-term employee benefits
The following tables shows a reconciliation from the opening balances to the closing balances for the
defined benefit liability and other long-term employee benefits and its components. There are no plan
assets.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A580
581
Defined benefit liability
Balance at 1 January
Included in profit or loss
Current service cost
Past service cost
Interest cost
2023
41,675
4,904
-
3,278
2022
79,078
4,893
(23,367)
3,100
(b) Group specific assumptions:
• For the year 2023 were taken into consideration the salaries’ growth rates budgeted by the Group.
Starting with the year 2024, salaries’ growth is forecasted at the inflation rate;
• Employees’ turnover: based on historical data;
• Jubilee and retirement bonuses granted based on seniority as per the collective labour contracts, as
Included in other comprehensive income
follows:
Remeasurements loss
- Actuarial loss
Other
Benefits paid
Balance at 31 December
Other long-term employee benefits
Balance at 1 January
Included in profit or loss
Current service cost
Past service cost
Actuarial (gain)/ loss
Interest cost
Other
Benefits paid
Balance at 31 December
11,918
(9,503)
Jubilee bonus based on years of service in the Group
(5,936)
55,839
2023
87,761
7,580
-
16,637
6,764
(9,819)
108,924
(12,526)
41,675
2022
88,356
7,786
(353)
(4,509)
4,256
(7,775)
87,761
Seniority
20 years
30 years
35 years
40 years
45 years
No of gross monthly base salaries
31 December 2023
31 December 2022
1
2
3
4
5
1
2
3
4
5
Retirement bonus based on years of service in the Group
Seniority
Between 8 and 10 years
Between 10 and 25 years
More than 25 years
No of gross monthly base salaries
31 December 2023
31 December 2022
2
3
4
2
3
4
Defined benefits refer to the retirement bonuses granted according to the seniority within the Group and
other long-term benefits refer to the jubilee bonuses granted for seniority.
Termination benefits
(ii) Actuarial assumptions
(a) Termination benefits for individual lay-offs at the Group’s initiative
The following were the main actuarial assumptions at each reporting date:
(a) Macroeconomic assumptions:
In accordance with the Collective Labour Contracts concluded between the Group and the Unions, when
individual labour contract are terminated at the Group’s initiative, the Group pays termination benefits to
the employees depending on their period of service, as follows:
• inflation. The actuary used information from the National Commission for Strategy and Prognosis:
Year
2023
2024
2025
2026
2027+
Valuation date
31 December 2023
Valuation date
31 December 2022
10.4%
4.8%
3.5%
3%
2.5%
7.5%
4.9%
3%
2.5%
2.5%
• the discount rate used is based on the yield of the Romanian Government bonds at the reporting date,
therefore the weighted average discount rate is 6% for the year 2023 (2022: 8.1%);
• taxes and social charges are those in force as at the reporting date.
Period of service
1 – 2 years
2 – 5 years
5 – 10 years
10 – 20 years
More than 20 years
No of gross monthly base salaries
31 December 2023
31 December 2022
2
3
4
5
8
2
3
4
5
8
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A582
583
(b) Termination benefits for collective lay-offs at the Group’s initiative
18
Employee benefit expenses
For collective lay-offs, according to the Collective Labour Contracts, the Group pays termination benefits to
the employees depending on their period of service, as follows:
Vechime
1 – 3 years
3 – 5 years
5 – 10 years
10 – 20 years
More than 20 years
No of gross monthly base salaries
31 December 2023
31 December 2022
3
6
7
11
16
3
6
7
11
16
The above mentioned stipulations do not apply to employees with individual labour contract concluded
for a determined period. The above stipulations do not apply to employees that obtained other higher
cumulative salary compensation rights, provided by legal regulations regarding the Group’s reorganization
and restructuring. Employees who are re-employed within the Group after lay-off are not entitled to the
above-mentioned benefits.
Sensitivity analysis
Significant actuarial assumptions for the determination of the benefit obligation are the discount rate,
expected salary increase and retirement age. The sensitivity analysis below has been determined based on
reasonably possible changes of the respective assumptions occurring at the end of the reporting period,
while holding all other assumptions constant.
Average number of employees
Number of employees at 31 December
Wages and salaries*
Social security contributions
Meal tickets
Termination benefits
Total employees benefits for the year
Capitalised employee benefit expenses
Total employees benefits in the statement of profit or loss
2023
7,676
7,960
2023
911,995
27,163
46,583
1,015
986,756
(24,691)
962,065
2022
7,760
7,874
2022
790,425
20,694
33,187
267
844,573
(21,151)
823,422
*Wages and salaries includes also current service cost, defined benefits and other long-term employee benefits
Management remuneration is disclosed in Note 33 b) Related parties.
19
Income taxes
In determining the amount of current and deferred tax, the Group takes into account the impact of
uncertain tax positions and whether additional taxes and interest may be due. This assessment relies
on estimates and assumptions and may involve a series of judgments about future events. The Group
considers that the accounting records for taxes due are adequate for all open tax years, based on
assessment made by management taking into account various factors, including the interpretation of
Increase by 1%
Decrease by 1%
tax legislation and previous experience. New information may become available that causes the Group to
2023
(11,301)
2022
(9,237)
2023
12,675
2022
8,611
change its judgment regarding the adequacy of existing tax liabilities; such changes to tax liabilities will
impact tax expense in the period when such a determination is made.
13,195
9,415
(11,930)
(10,049)
(i) Amounts recognised in profit or loss
Current tax expense
Deferred tax expense
Total expense/(benefit) related to income tax
*please see Note 5
2023
78,819
46,995
125,814
2022
(restated)*
2,576
(49,747)
(47,171)
Discount rate
Salary growth
Retirement age
Increase by 1 year
Decrease by 1 year
2023
1,135
2022
812
2023
(1,135)
2022
(812)
The sensitivity analysis presented above may not be representative of the actual change in the benefit
obligation as it is unlikely that the changes in assumptions would occur in isolation of one another as some
of the assumptions may be correlated. In presenting the above sensitivity analysis, the present value of the
benefit obligation has been calculated using the projected unit credit method at the end of the reporting
period, which is the same as that applied in calculating the benefit obligation liability recognized in the
statement of financial position.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A584
585
(ii) Amounts recognised in other comprehensive income
Before tax
2023
Tax
expense
Net of tax
Before tax
2022
Tax
expense
Net of tax
2022
Revaluation of property, plant
and equipment
Remeasurement of defined
benefit liability
Total
85,510
(13,699)
71,811
-
-
-
(11,918)
1,907
(10,011)
9,503
(1,479)
73,592
(11,792)
61,800
9,503
(1,479)
8,024
8,024
(iii) Reconciliation of effective tax rate
2023
2022 (restated)*
Profit before tax
897,917
(287,634)
Tax using Company’s domestic tax rate
16%
143,667
2%
-3%
0%
-1%
0%
17,338
(25,426)
(3,165)
(5,622)
(978)
16%
-10%
8%
1%
0%
2%
(46,021)
28,845
(22,083)
(3,388)
(137)
(4,387)
Non-deductible expenses
Non-taxable income
Deduction of legal reserves
Other tax effects
Recognition of tax effect of previously unrecognised
tax losses
Income tax expense/(benefit)
*please see Note 5
(iv) Movement in deferred tax balances
Net
balance at
1 January
2022
39,838
Recognised
in profit or
loss
(2,858)
Property, plant and
equipment
Intangible assets related to
concession agreements
187,500
20,515
Balance at 31 December 2022 (restated)*
Net
Deferred tax
Deferred tax
assets
liabilities
Recognised
in other
comprehensive
income
-
-
36,980
208,015
-
-
36,980
208,015
Employee benefits
Impairment of trade
receivables
Tax loss carried forward
Other items
Tax liabilities/(assets)
before set-off
Set off of tax
Net tax liabilities/(assets)
*please see Note 5
(23,940)
1,360
1,479
(21,101)
(21,101)
(24,732)
(6,198)
(95,972)
89,904
(4,299)
(152,471)
-
-
-
(30,930)
(30,930)
(6,068)
(6,068)
(156,770)
(156,770)
-
-
-
-
78,395
(49,747)
1,479
30,126
(214,869)
244,996
-
-
-
-
184,689
(184,689)
78,395
(49,747)
1,479
30,126
(30,180)
60,306
(v) Unrecognised deferred tax assets
Deferred tax assets have not been recognised in respect of the certain tax losses generated by the
Company, because it is not probable that future taxable profit will be available against which the entity
14%
125,814
16%
(47,171)
generating it can use the benefits therefrom.
Balance at 31 December 2023
Tax losses
2023
balance at
in profit or
in other
1 January
loss
comprehensive
Net
Deferred tax
Deferred tax
assets
liabilities
Net
Recognised
Recognised
20 Trade receivables
Property, plant and
equipment
Intangible assets related to
concession agreements
Employee benefits
Impairment of trade
receivables
Tax loss carried forward
Other items
Tax liabilities/(assets)
before set-off
Set off of tax
Net tax liabilities/(assets)
2023
36,980
income
8,837
13,699
59,516
208,015
21,679
-
229,694
-
-
59,516
229,694
(21,101)
(4,236)
(1,907)
(27,244)
(27,244)
(30,930)
5,370
(6,068)
(156,770)
1,712
13,633
-
-
-
(25,560)
(25,560)
(4,356)
(4,356)
(143,136)
(143,136)
-
-
-
-
30,126
46,995
11,792
88,914
(200,296)
289,210
-
-
-
-
167,892
(167,892)
30,126
46,995
11,792
88,914
(32,404)
121,318
Trade receivables, gross
Bad debt allowance
Total trade receivables, net
Trade receivables from related parties are presented in Note 33.
2023
318,176
2022
337,136
31 December 2023
31 December 2022
3,180,660
(640,218)
2,540,442
3,118,691
(652,689)
2,466,002
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
586
587
Trade receivables, gross, comprise:
Electricity distribution and supply
Late payment penalties receivable
Customers with judicial execution titles
Repairs, maintenance and other services
Other
Total trade receivables, gross
31 December 2023
31 December 2022
2,603,238
2,482,266
89,346
333,682
20,904
133,490
80,658
347,667
11,850
196,250
Loss allowances are determined according to IFRS 9 “Financial instruments” based on “expected credit
loss” model. In applying IFRS 9, 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. These receivables were
treated separately in computing the allowance according to IFRS 9. The amounts written-off in 2022 relates
3,180,660
3,118,691
to Oltchim (please see Note 19 from prior year financial statements).
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,
In applying IFRS 9 as of 31 December 2023, 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
part of the receivables due to the subsidiary Electrica Furnizare S.A. for the sale of electricity and gas to final
original recognition, thus recording a bad debt allowance in amount of RON 111,271 thousand.
consumers will be recovered from the Romanian State through National Agency for Payments (domestic
consumers) and Social Inspection and Ministry of Energy (non-household consumers).
Electricity distribution and supply
On 31 December 2023, the amounts estimated to be received from the Ministry of Energy for non-household
consumers are 10,130 thousand RON (31 December 2022: 20,480 thousand RON) and from the National
Agency for Payments and Social Inspection for household consumers are 36,496 thousand RON (31
December 2022: 21,043 thousand RON). The receivables are booked under the caption “Electricity distribution
and supply”.
Grants to be received
As at 31 December 2023, the estimated amount for subsidies to be received from the Ministry of Energy
is RON 2,595,554 thousand (31 December 2022: RON 1,280,788 thousand) and from County Agency for
Payments and Social Inspection is RON 18,981 thousand. From the total amount of subsidies to be received,
RON 1,528,679 thousand represent uncollected claims submitted to the state authorities and RON 1,085,856
thousand claims not yet submitted to the state authorities as at 31 December 2023.
According to the legal provisions and regulations adopted regarding the recovery of these subsidies,
the amounts should be recovered within 40 days after submission of the required documentation to the
National Agency for Payments and Social Inspection or the Ministry of Energy, as the case may be.
The amounts should be recovered within 40 days of submission of the required documentation to the
National Agency for Payments and Social Inspection or the Ministry of Energy, as appropriate. Claims are
recorded under the line „Electricity distribution and supply”.
The reconciliation between the opening balances and the closing balances of the impairment for trade
receivables in the form of lifetime expected credit losses is as follows:
Lifetime expected credit losses
Balance as at 1 January
Loss allowance recognized
Decrease in loss allowance
Amounts written off
Balance as at 31 December
The aging of trade receivables is presented in Note 32.
2023
652,689
111,271
(35,198)
(88,544)
640,218
2022
980,858
146,203
(34,248)
(440,124)
652,689
21 Other receivables
VAT receivable
Receivables from EU funds
Other receivables
Lifetime expected credit losses
Total other receivables, net
31 December 2023
31 December 2022
12,762
45,194
56,103
(20,227)
93,832
13,024
13,932
120,777
(20,480)
127,253
Other receivables include mainly guarantees from energy suppliers and receivables to be recovered from
state authorities in respect to medical leave indemnities.
The reconciliation between the opening balances and the closing balances of the impairment for other
receivables is as follows:
Loss allowance
2023
2022
Balance as at 1 January
Decrease in loss allowance
Balance as at 31 December
20,480
(253)
20,227
20,124
356
20,480
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
588
589
22
Cash and cash equivalents
24 Property, plant and equipment
Bank current accounts
Call deposits
Cash in hand
31 December 2023
31 December 2022
The movements in property, plant and equipment in 2023 and 2022 are as follows:
223,213
153,997
5
141,656
193,219
12
Land and land
improvements
Buildings
Equipment
furniture
Construction
and office
in progress
Total
equipment
Vehicles,
Total cash and cash equivalents in the consolidated statement of
financial position
377,215
334,887
In the context of the consolidated statement of cash flows, non-cash activity includes the netting of trade
receivables and trade payables in the amount of RON 160,104 thousand in 2023 (31 December 2022: RON
53,106 thousand).
23 Inventories
As at 31 December 2023 and 31 December 2022, inventories are as follows:
Spare parts
Consumables and other materials
Natural gas
Other inventories
Allowance for impairment of inventories
Total inventories
31 December 2023
31 December 2022
35,057
50,060
25,536
13,693
(8,686)
29,589
53,527
23,319
17,004
(9,467)
115,660
113,972
Inventories include mainly spare parts, consumables and the natural gas storage (applicable only for the
supply subsidiary) that was set up according to ANRE’s regulations. Spare parts refer mainly to items such
as cables, conductors, sockets, switches which are used for the distribution network.
As at 31 December 2023, the remaining quantity of natural gas stored is of MWh 143,870 (31 December 2022:
MWh 107,427), amounting to RON 25,536 thousand (31 December 2022: RON 23,319 thousand).
Gross carrying amount
Balance at 31 December 2021
Reclassification of assets held for sale
Balance at 1 January 2022
Additions
Transfer from construction in progress
Disposals
Acquisition of subsidiary
Balance at 31 December 2022
Additions
Transfer from construction in progress
Disposals
Effect of revaluation recognised in
other comprehensive income
Effect of revaluation recognised in
profit or loss
Decrease in gross value through
reversal of accumulated depreciation
Balance at 31 December 2023
Accumulated depreciation and
impairment losses
Balance at 1 January 2022
Depreciation
Accumulated depreciation of
disposals
Impairment loss
Balance at 31 December 2022
Depreciation
Accumulated depreciation of
disposals
Cancellation of accumulated
depreciation
Balance at 31 December 2023
Net carrying amounts
At 1 January 2022
At 31 December 2022
At 31 December 2023
252,798
202,557
91,801
96,950
29,188
673,297
1,024
4,115
-
-
-
5,139
253,822
206,672
91,801
96,950
29,188
678,433
1,179
-
85
1,133
1,977
2,386
804
269
5,475
9,435
(3,778)
95
(3,276)
(1,093)
(1,844)
(838)
(9)
(7,060)
25
-
-
-
3,875
3,900
251,835
206,712
94,320
97,185
34,751
684,803
763
-
(576)
936
124
-
46,999
38,511
2,462
(381)
-
(23,907)
239
1,862
371
110
21,872
24,181
-
2,096
(5,236)
(1,308)
(1,271)
(8,391)
-
-
-
-
-
-
-
-
-
85,510
2,081
(23,907)
301,483
221,995
91,185
96,358
55,352
766,373
-
-
-
-
-
-
-
-
-
13,478
44,588
91,175
18,634
167,875
8,022
7,378
(1,778)
(5)
-
4,515
(594)
-
-
-
-
19,915
(2,372)
(5)
21,495
50,188
95,096
18,634
185,413
7,450
6,499
2,442
-
(5,375)
(1,635)
(23,416)
-
-
-
-
-
16,391
(7,010)
(23,416)
5,529
51,312
95,903
18,634
171,378
252,798
189,079
251,835
185,217
47,213
44,132
301,483
216,466
39,873
5,775
2,089
455
10,554
505,419
16,117
499,390
36,718
594,994
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A590
591
Tangible assets include mainly land, buildings and equipment.
The following table shows the valuation techniques used in measuring fair values (Level 3), as well as the
As at 31 December 2023, the Group carried out a revaluation to fair value of property, plant and equipment
consisting of land, land improvements and buildings. The revaluation was carried out by an independent
chartered valuer Darian DRS S.A.
As a result of the revaluation, the gain recorded in the Consolidated Statement of Comprehensive Income
was RON 85,510 thousand and the gain recorded in the Consolidated Statement of Profit or Loss was RON
2,081 thousand.
Measurement of fair value
The Group’s land, land improvements and buildings are stated at their revalued amounts, being the
fair value at the date of revaluation, less any subsequent accumulated depreciation and subsequent
accumulated impairment losses. The fair value measurements of the Group’s land, land improvements and
buildings as at 31 December 2023 were performed by Darian DRS S.A., an independent valuer not related to
the Group. Darian DRS S.A. is member of the National Association of Authorised Romanian Valuers and has
appropriate qualifications and recent experience in the fair value measurement of properties in the relevant
locations. The valuation conforms to International Valuation Standards and was based on recent market
transactions on arm’s length terms for similar properties, whenever possible and discounted cash-flows
method.
There were no significant changes to the valuation technique in the period between the current revaluation
performed on 31 December 2023 and the previous one performed on 31 December 2020.
significant unobservable inputs used.
Category
Valuation technique
Land and land
improvements
Market approach
The fair value is estimated based on
selling price per square meter of land of
similar characteristics (i.e. ownership, legal
limitations, financing and selling conditions,
location, physical and economical properties
and best use). The market price is mainly
based on recent transactions.
Buildings
Buildings were evaluated using the following
methods, depending on the best use and
the availability and credibility of available
market information:
Inter-relationship
Significant unobservable
between key
inputs
unobservable inputs and
fair value measurement
• Adjustment for liquidity,
location, size.
The estimated fair value
would increase/(decrease)
if:
• Adjustment for liquidity,
location or size would be
lower/(higher)
The income approach
The income approach is based on the
determination of the reproducible annual
flow, derived from the rental of the property
and a determination of the capitalization
rate and implicitly the multiplier factor.
Market approach
The market approach is based on the selling
price per square meter for buildings with
similar characteristics (i.e. ownership, legal
limitations, financing and selling conditions,
location, physical and economical
properties, and best use), adjusted for
liquidity, location, size etc.
The cost approach
It was applied for fixed assets where it was
not possible to apply the market or income
approach, as is the case with rural housing.
The cost approach assumes that the
maximum value of a good for an informed
buyer is the amount needed to buy or build
a new good with equivalent utility. When the
good is not new, all the forms of depreciation
that can be attributed to the good must be
deducted (deducted) from the current new
cost, until the evaluation date.
• Adjustment for liquidity,
location, size.
The estimated fair value
would increase/(decrease)
if:
• Adjustment for liquidity,
location or size would be
lower/(higher)
Office space rent
• Occupancy rates
(between 85% and 90%)
• Capitalisation rates
(between 7% and 8%)
• Annual rent per sqm
(between 15 and 20 EUR/
sqm), depending on
location;
Commercial space rent
• Occupancy rates
(between 80% and 90%)
• Capitalisation rates
(between 7% and 8%)
• Annual rent per sqm
(between 10 and 60 EUR/
sqm), depending on
location;
• Occupancy rates were
higher/(lower)
• Yield rates were lower/
(higher)
• Annual rent per sqm was
higher/(lower)
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A592
593
25
Intangible assets
Intangible assets include mainly intangible assets related to distribution service concession agreements
recorded in accordance with IFRIC 12 “Service Concession Arrangements”, as well as licenses and costs of
SAP ERP implementation, customer management and billing system and other software, as follows:
Gross book value
Balance at 1 January 2022
Additions
Transfers from intangible assets in progress
Disposals
Balance at 31 December 2022
Additions
Transfers from tangible assets in progress
Disposals
Balance at 31 December 2023
Accumulated amortization and impairment
losses
Balance at 1 January 2022
Amortization
Accumulated amortization of disposals
Balance at 31 December 2022
Amortization
Accumulated amortization of disposals
Balance at 31 December 2023
Net carrying amounts
At 1 January 2022
At 31 December 2022
At 31 December 2023
Intangible
assets related
Software and
to concession
licenses
agreements
Intangible
assets in
progress
Total
10,132,347
193,401
1,909
10,327,657
611,294
-
-
7,694
2
(1,006)
140
(2)
-
619,128
-
(1,006)
10,743,641
200,091
2,047
10,945,779
1,018,912
20,759
-
-
680
(11,106)
994
(680)
1,040,665
-
-
(11,106)
11,762,553
210,424
2,361
11,975,338
4,617,790
186,327
449,987
-
3,960
(1,005)
5,067,777
189,282
474,246
6,171
-
(10,490)
5,542,023
184,963
-
-
-
-
-
-
-
4,804,117
453,948
(1,005)
5,257,060
480,416
(10,490)
5,726,986
5,514,557
5,675,864
6,220,530
7,074
10,809
25,461
1,909
2,047
5,523,540
5,688,719
2,361
6,248,352
The Group applies IFRIC 12 for the accounting of the transactions under these concession contracts (see
further details in Notes 4, 8(d) and 8(l)).
For the year ended 31 December 2023, the Group has recognized construction revenue related to the
concession agreements of RON 1,018,912 thousand (2022: RON 611,294 thousand).
The main information related to the current concession contracts agreements and the intangible assets
amounts recognized for each network distribution area is summarized below:
Network distribution
Contract
areas
date
Concession
period
(years)
Concession
Net
Net
carrying
carrying
Contract
period
Renewal
amount
amount
expiry date
remaining
option
at 31
at 31
(years)
December
December
Muntenia Nord area
Transilvania Nord area
Transilvania Sud area
2005
2005
2005
49
49
49
2054
2054
2054
33
33
33
Yes
Yes
Yes
Total
2023
2022
2,197,712
1,968,811
2,007,855
1,890,409
2,014,963
1,816,644
6,220,530
5,675,864
The concession contracts can be prolonged for a period up to half of the initial established period of 49
years.
The investments in relation to the development and modernization of the infrastructure incurred in 2023
refers mainly to:
• Modernization of the current transformer points and stations, current underground and overhead power
lines in amount of RON 484,220 thousand (2022: RON 139,487 thousand);
• Investments related to improvements for electricity distribution network in amount of RON 81,660
thousand (2022: RON 79,132 thousand).
• Significant construction works of new transformer stations, new underground and overhead power lines
in amount of 2023: RON 144,980 thousand (2022: RON 148,404 thousand);
• Acquisition of own car fleet, including utilities vehicles and specialized vehicles in amount of RON 0
thousand; (2022: RON 58,256 thousand);
• Modernization and inclusion in SCADA (which is an automatic control system which monitors the
equipment) of transformers points and stations, in amount of RON 24,880 thousand (2022: RON 164
thousand).
26
Investments in associates
On 28 July 2021 and on 7 December 2021, Electrica SA concluded four agreements for the sale-purchase
of shares in four project companies having as main activity the production of electricity from renewable
sources. The sale-purchase agreements concluded, mention the fact that in the first stage the Group
acquires 30% of the share capital of the four companies, remaining that in the following stages, to acquire
the remaining 70% of the share capital after the conditions provided in the sale-purchase agreements will
be fulfilled. By the end of 31 December 2023, three of the project companies were acquired by at least 60%
(please see Note 1), therefore they are accounted as subsidiaries, the other one is as follows:
• Crucea Power Park SRL, develops the wind project „Crucea Est”, with a projected installed capacity of
121 MW and a projected electricity storage capacity of 60 MWh (15 MW x 4h), located outside the Crucea
area, Constanta County. The estimated purchase price for the „Crucea Est” wind project is 70 thousand
EUR/MW for the aforementioned capacity, totalling the amount of 8,470 thousand EUR. On 28 July 2021,
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A594
595
Electrica SA paid the amount of EUR 2,541 thousand representing 30% of the project value, respectively
The share loss in amount of RON 39 thousand for the period was recognized in the consolidated statement
30% of the shares of Crucea Power Park SRL. On 15 May 2023, Electrica acquired a further 10% of the
of profit and loss for the year ended as at 31 December 2023.
shares and voting interests in Crucea Power Park S.R.L. As a result, the Group’s shareholding increased
from 30% to 40%.
Considering the holding percentage of 40%, as at 31 December 2023, the entity is accounted for using the
equity method in these consolidated financial statements as provided in the Group›s accounting policies in
Note 8.
The cost of the investments at acquisition date, totalling the amount of RON 12,500 thousand, is detailed as
follows:
Acquisition date
Percentage ownership and voting rights at acquisition date
Net assets at acquisition date
Group’s share of net assets
Goodwill
Cost of investment at acquisition datei
Crucea Power Park S.R.L.
31.07.2021
30%
(242)
(73)
12,573
12,500
Summarised financial information in respect of the Group’s associate is set out below:
Crucea Power Park S.R.L.
Non-current assets
Current assets
Non-current liabilities
Current liabilities
Net assets
Reconciliation to carrying amounts:
Opening net assets at acquisition date
Additions net assets/liabilities
Loss for the period
Closing net assets 31.12.2023
31.12.2023
9,199
1,187
(10,376)
(45)
(36)
(246)
293
(83)
(36)
27 Capital and reserves
(a) Share capital and share premium
The issued share capital in nominal terms consists of 346,443,597 ordinary shares as at 31 December 2023
(31 December 2022: 346,443,597) with a nominal value of RON 10 per share. As of 4 July 2014, after the Initial
Public Offering (“IPO”), the Company’s shares are listed on the Bucharest Stock Exchange and the Global
Depositary Receipts are listed on the London Stock Exchange.
The shares owned by the Company’s shareholders that are traded on the London Stock Exchange are the
global depositary receipts (GDRs). A global depositary receipt represents four shares. The Bank of New
York Mellon is the depositary bank for these securities. The GDRs’ weight in Electrica’s total share capital
diminished following the Initial Public Offering, reaching a level of 0.7842% at the end of 2021 as compared to
10.17% at 4 July 2014.
The holders of ordinary shares are entitled to receive dividends as declared and are entitled to one vote per
share in the shareholders’ meetings of the Company, except for the 6,890,593 treasury shares purchased by
the Company in July 2014 in order to stabilize the price. All shares rank equally and confer equal rights to the
net assets of the Company’s, except for treasury shares.
The Company recognizes changes in share capital only after their approval in the General Shareholders
Meeting and their registration by the Trade Register. The contributions made by the shareholders which are
not yet registered with the Trade Register at year end are recognized as pre-paid capital contributions from
shareholders.
The share premium resulted at IPO was RON 171,128 thousand. The transaction costs of RON 68,079 thousand
were deducted from the share premium.
Following the SPO that took place in November 2019, the share capital of Electrica SA was increased by in
kind and in cash contribution, with the amount of RON 5,037 thousand, from the amount of RON 3,459,399
thousand to the amount of RON 3,464,436 thousand, by issuing a number of 503,668 new nominative and
dematerialized shares with a nominal value of 10 RON/share.
The costs generated by the secondary public offering were in amount of RON 964 thousand. Also, the
Company recorded gains referring to share issue of RON 2,186 thousand, resulting from the difference
between the contribution value of the plots of land and their value recorded as pre-paid capital
Reconciliation of the financial information summarized above with the net accounting value of the
participation in the associated entity recognized in the consolidated financial statements:
contributions in kind from shareholders.
(b) Treasury shares reserve
Crucea Power Park S.R.L.
In July 2014, the Company purchased 5,206,593 ordinary shares and 421,000 Global Depositary Receipts,
Closing net assets of associates 31.12.2023
Group’s share in associates %
Group’s share of net assets as at 31.12.2023
Goodwill
Carrying amount of interest in associate 31.12.2023
(36)
40%
(14)
16,652
16,638
equivalent to 1,684,000 shares (totalling 6,890,593 shares). The total amount paid for acquiring the shares
and Global Depositary Receipts was RON 75,372 thousand.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A596
597
(c) Revaluation reserve
shares (6,890,593 shares) were not considered as outstanding shares and are deducted from the total
The reconciliation between opening and closing balance of revaluation reserve is as follows:
number of issued ordinary shares.
2023
2022
Out of the dividends declared by the Company of RON 39,999 thousand (2022: RON 152,799 thousand),
the dividends paid were RON 39,894 thousand (2022: RON 152,447 thousand) the remaining difference
represents dividends uncollected by the shareholders.
Balance at 1 January
Revaluation reserve for tangible fixed assets
Deferred tax relating to the revaluation reserve
Release of revaluation reserve to retained earnings corresponding to
depreciation and disposals of property, plant and equipment
Balance as at 31 December
92,117
85,510
(13,699)
(4,392)
159,536
102,829
-
-
(10,712)
92,117
As at 31 December 2023, the Group has revalued its land, land improvements and buildings to fair value. The
previous revaluation was carried out on 31 December 2020 (see note 24).
28 Trade payables
Electricity suppliers
Capital expenditure suppliers
Other suppliers
Total
31 December 2023
31 December 2022
1,005,761
453,014
212,703
1,671,478
970,815
243,715
192,567
1,407,097
(d) Legal reserves
participants to the electricity market.
Electricity suppliers are mainly state-owned electricity producers, as detailed in Note 34, but also other
Legal reserves are set up as 5% of the gross profit for the year in the statutory individual financial
Other suppliers include suppliers of services, materials, consumables, etc.
statements of the companies within the Group, until the total legal reserves reach 20% of the paid-up
nominal share capital of each company, according to the legislation. These reserves are deductible for
income tax purposes and are not distributable.
29 Other payables
Balance at 1 January 2022
Set-up of legal reserves
Balance at 31 December 2022
Set-up of legal reserves
Balance at 31 December 2023
(e) Dividends
Legal reserves
408,405
21,178
429,583
19,780
449,363
VAT payable
Liabilities towards the State
Other liabilities
Total
31 December 2023
31 December 2022
Current
Non-current
Current
Non-current
588,814
33,372
412,898
1,035,084
-
-
37,161
37,161
565,075
11,733
290,728
867,536
-
-
72,432
72,432
Other liabilities include mainly guarantees, sundry creditors, connection fees, habitat tax and cogeneration
contribution. Other non-current liabilities refer to guarantees from customers related to electricity supply.
Romanian companies may distribute dividends from statutory profits, according to the separate financial
statements prepared in accordance with Romanian accounting regulations.
30 Provisions
The dividends declared by the Company in 2023 and 2022 (from the statutory profits of previous years) are
as follows:
To the owners of the Company
Total
Distribution of dividends
2023
39,999
39,999
2022
152,798
152,798
Balance at 1 January 2023
Provisions recognized
Provisions utilised
Provisions reversed
Balance at 31 December 2023
Tax related
1,084
-
-
-
1,084
Other
52,617
7,924
(229)
(20,229)
40,083
Total
53,701
7,924
(229)
(20,229)
41,167
On 27 April 2023 the General Shareholders Meeting of the Company approved dividend distribution of RON
As at 31 December 2023, provisions refer mainly to benefits upon the termination of executive directors’
39,999 thousand (2022: RON 152,798 thousand). The dividend per share distributed is RON 0.1178 per share
mandate contracts in the form of a non-compete clause amounting to RON 710 thousand (31 December
(2022: RON 0.45 per share). When calculating the dividend per share, the Company’s repurchased own
2022: RON 1,839 thousand) and for various claims and litigations involving the Group companies in amount
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A598
599
of RON 40,457 thousand (31 December 2022: RON 51,862 thousand) of which the most significant was for the
As at 31 December 2023, respectively 31 December 2022, the bank borrowings is as follows:
distribution segment amounting to RON 24,345 thousand for a dispute with ANCOM.
For the supply segment, starting with July 2022, from the amendment of the Performance Standard 82/2021,
the compensations are calculated daily or weekly and paid to the customers. Thus, for the provision
recognised until 31 December 2022, amounting to RON 11,020 thousand, a reversal of RON 8,770 thousand
was recorded during 2023 and an additional provision of RON 1,482 thousand was set up for the period
January-December 2023.
31 Bank borrowings and overdrafts
Drawings and repayments of borrowings during the year ended 31 December 2023 were as follows:
Currency
Interest rate
Maturity year
Amount (RON
thousand)
Balance at 1 January 2023
Drawings of borrowings during the
period, out of which:
EBRD
Exim Bank Romania
Vista Bank
CEC Bank
ERSTE Group Bank and Raiffeisen Bank
Total drawings
Accumulated interest
Payment of interest out of which paid
in 2022
Reimbursements, out of which:
BRD
BRD
BRD
Banca Transilvania
Unicredit Bank
BCR
EBRD
Exim Bank Romania
Balance at 31 December 2023
RON
RON
RON
RON
RON
RON
RON
RON
RON
RON
RON
RON
RON
Floating rate (2.1% + interbank rate +
ROBOR spread)
ROBOR 3M+1.65%
ROBOR 3M+2.95%
ROBOR 3M+2.85%
ROBOR 3M +1.16%
3.99%
3.85%
3.85%
4.59%
3.85%
ROBOR 3M+1%
Floating rate (1.15% + interbank rate
+ ROBOR spread)
ROBOR 3M+1.65%
760,713
180,000
245,890
25,000
200,000
91,768
742,658
11,125
(9,124)
187,730
20,800
14,286
11,425
17,857
9,600
18,950
11,478
83,334
1,317,642
2028
2024
2024
2026
2024
2026
2028
2028
2027
2028
2028
2031
2024
Lender
Borrower
Balance at
Balance at
31 December 2023
31 December 2022
Banca Transilvania
UniCredit Bank
BRD
BRD
BRD
BCR
EBRD
EBRD
Distributie Energie Electrica Romania
(formerly SDEE Transilvania Sud S.A.)
Distributie Energie Electrica Romania
(formerly SDEE Transilvania Nord S.A.)
Distributie Energie Electrica Romania
(formerly SDEE Muntenia Nord S.A.)
Distributie Energie Electrica Romania
(formerly SDEE Transilvania Nord S.A.)
Distributie Energie Electrica Romania
(formerly SDEE Transilvania Sud S.A.)
Distributie Energie Electrica Romania
(formerly SDEE Muntenia Nord S.A.)
Distributie Energie Electrica Romania
Distributie Energie Electrica Romania
CEC Bank
Electrica Furnizare S.A.
Exim Bank Romania
Distributie Energie Electrica Romania
Vista Bank
Societatea Energetica Electrica S.A.
ERSTE Group Bank and
Raiffeisen Bank
Total
Societatea Energetica Electrica S.A.
Less: current portion of the long-term bank borrowings
Less: accumulated interest
Total long-term borrowings, net of current portion
Bank Borrowings description:
a) Investment loan granted by Banca Transilvania
62,508
29,103
62,400
64,286
51,467
90,542
189,971
182,773
200,000
167,825
125,000
91,768
1,317,642
(512,169)
(11,125)
794,348
80,367
38,793
83,200
78,571
62,904
109,785
202,983
-
-
4,110
100,000
-
760,713
(104,400)
(9,120)
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 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 31 December 2023, the outstanding balance is of RON 62,508 thousand, of which RON 62,500 thousand
principal and RON 8 thousand accrued interest. (Outstanding balance as at 31 December 2022: RON 80,367
thousand).
b) Investment loan granted by Unicredit Bank
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 31
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
600
601
December 2023, the outstanding balance is of RON
financing investments in the electricity distribution
The loan agreement is guaranteed by Electrica SA.
On 31 December 2023, the outstanding balance is
29,103 thousand, of which RON 28,800 thousand
network, according to the approved investment
(Outstanding balance as at 31 December 2022: RON
RON 167,825 thousand. The loan benefits from a
principal and RON 303 thousand accrued interest.
plan for 2020. Main provisions are: Maximum loan
202,983 thousand.
(Outstanding balance as at 31 December 2022: RON
amount: RON 80,000 thousand; Interest rate: fixed,
38,793 thousand).
c) Investment loan granted by BRD – Groupe
Societe Generale
IOn 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
3.85% per annum; Reimbursements: quarterly
instalments until 2028; Grace period: 12 months. As
at 31 December 2023, the outstanding balance is
RON 51,467 thousand, of which RON 51,429 thousand
principal and RON 39 thousand accrued interest.
(Outstanding balance as at 31 December 2022: RON
62,904 thousand).
f)
Investment loan granted by Banca Comerciala
Romana (“BCR”)
h) Investment loan granted by the European
Investment Bank (“EIB”)
On 14 July 2021, Societatea de Distributie Energie
Electrica Romania SA, as a borrower, concluded with
the European Investment Bank an investment credit
contract, representing the first part of the Approved
Credit in the amount of EUR 210,000 thousand for the
guarantee in the name and account of the state
and is guaranteed by Electrica SA. (Outstanding
balance as at 31 December 2022: RON 4,110
thousand). The loan is guaranteed in the name and
on behalf of the State and is guaranteed by Electrica
SA.
k) Line of Credit for working capital and for issuing
Bank Guarantee Letters granted by Vista Bank
purpose of financing investments in the electricity
On 30 December 2022, Societatea Energetica
distribution network according to the 2021-2023
Electrica S.A., as the borrower, concluded a contract
investment plan. The main provisions are: Maximum
for a line of credit for working capital and for the
distribution network, according to the investment
On 17 September 2020, Societatea de Distributie
value of the loan: EUR 120,000 thousand; Interest
issuance of Bank Guarantee Letters granted by Vista
plan. Main provisions are: Maximum loan amount:
a Energiei Electrica Muntenia Nord S.A., currently
rate and Repayments will be agreed individually
Bank for a period of 18 months. The main provisions
RON 130,000 thousand; Interest rate: fixed, 3.99%
Distributie Energie Electrica Romania S.A., as
for each tranche drawn. On 31 December 2023,
are: Maximum credit amount: 100,000 thousand RON;
per annum; Reimbursements: quarterly instalments
a borrower and Electrica SA as a guarantor,
the outstanding balance is Nil as no withdraw
Interest rate: ROBOR 3M +2.95 % p.a.; full refund at
until 28.10.2026; Grace period: 12 months. As at 31
concluded with Banca Comerciala Romana S.A. an
was made from the loan. The loan agreement is
maturity. On 31 December 2023, the balance of the
December 2023, the outstanding balance is of RON
investment credit agreement with the purpose of
guaranteed by Electrica SA.
62,400 thousand. (Outstanding balance as at 31
financing investments in the electricity distribution
December 2022: RON 83,200 thousand.
network, according to the approved investment
d) Investment loan granted by BRD – Groupe
Societe Generale
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,
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 31 December 2023, the outstanding balance is
RON 90,542 thousand, of which RON 90,011 thousand
principal and RON 531 thousand accrued interest.
(Outstanding balance as at 31 December 2022: RON
109,785 thousand).
g) Investment loan granted by the European Bank
for Reconstruction and Development (“EBRD”)
loan is 125,000 thousand RON. (Outstanding balance
as at 31 December 2022: RON 100,000 thousand).
i)
Investment loan granted by the European
Investment Bank (“EIB”)
l)
Investment loan granted by the European Bank
for Reconstruction and Development (“EBRD”)
On 7 December 2021, Societatea de Distributie
Energie Electrica Romania SA, as a borrower,
On 17 March 2023, Societatea de Distributie Energie
concluded with the European Investment Bank an
Electrica Romania SA, as a borrower, concluded
investment credit contract, representing the second
with the European Bank for Reconstruction and
part of the Approved Credit in the amount of EUR
Development a credit agreement for working
210,000 thousand for the purpose of financing
capital. The main provisions are: The maximum
investments in the electricity distribution network
value of the loan RON 180,000 thousand; Interest
according to the 2021-2023 investment plan. The
rate: agreed individually for each tranche drawn;
main provisions are: Maximum value of the loan: EUR
Repayments: 14 quarterly instalments until
90,000 thousand; Interest rate and Repayments will
31.01.2028; Grace period: 18 months. Maximum credit
be agreed individually for each tranche drawn. On
amount: 180,000 thousand RON; Interest rate: ROBOR
3.85% per annum; Reimbursements: quarterly
On 2 July 2021, Societatea de Distributie Energie
31 December 2023, the outstanding balance is Nil
3M + 2.10%. As at 19 December 2023, the value of
instalments until 2028; Grace period: 12 months. As
Electrica Romania SA, as a borrower, concluded
as no withdraw was made from the loan. The loan
the loan increased to 240,000 thousand RON. As at
at 31 December 2023, the outstanding balance is of
with the European Bank for Reconstruction and
agreement is guaranteed by Electrica SA.
31 December 2023, the outstanding balance is RON
RON 64,286 thousand. (Outstanding balance as at 31
Development a credit agreement for investments
December 2022: RON 78,571 thousand).
in order to finance investments in the electricity
e) Investment loan granted by BRD – Groupe
Societe Generale
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
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 31
December 2023, the outstanding balance is RON
189,970 thousand, of which RON 183,657 thousand
principal and RON 6,313 thousand accrued interest.
j)
Loan for financing current activity granted by
Eximbank Romania
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.
182,775 thousand, of which RON 180,000 thousand
principal and RON 2,775 thousand accrued interest.
The loan agreement is guaranteed by Electrica SA.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A602
603
m) Multicredit facility for multiple financing by accessing cash and non-cash products granted by CEC
Financial Covenants
BANK SA (“CEC”)
On 4 August 2023, Electrica Furnizare S.A., as the borrower, concluded a Facility Agreement Multicredit. The
Banca Comerciala Romana, European Bank for Reconstruction and Development and European Investment
The financial covenants specified in the agreements with BRD – Groupe Societe Generale, Unicredit Bank,
main provisions are: The maximum value of the loan RON 150,000 thousand; Interest rate: ROBOR 3M+2.85%;
Bank have been fulfilled as at 31 December 2023.
full repayment at maturity; Maturity date: 03 August 2026. As at 31 December 2023, the outstanding balance
is RON 200,000 thousand. The loan agreement is guaranteed by Electrica SA.
Pledged Assets
n) Syndicated credit facility granted by Erste Group Bank AG and Raiffeisen Bank SA
On 31 December 2023, for several overdrafts the Group has pledges (guarantees) for trade receivables
On 2 November 2021, Electrica S.A., as borrower, entered into a syndicated credit facility with Erste Group
Bank AG and Raiffeisen Bank SA. The main provisions are: Maximum loan amount RON 750,000 thousand;
Interest rate: ROBOR 3M+1.16%. On 3 November 2023 the loan was extended for a period of one year and the
maximum loan amount was reduced to RON 450,000,000. As at 31 December 2023 the balance of the loan
is RON 91,768 thousand, of which principal RON 91,768 thousand and accrued interest RON 619 thousand (31
December 2022: RON 0.0 thousand).
Overdrafts
amounts, as specified on contracts.
Bank Guarantees
The maximum limit of the facility for issuing bank guarantees (credit facility for issuing guarantee
instruments and multi-product lines) RON 3,110,456 thousand, of which non-cash uses RON 1,104,986
thousand.
32 Financial instruments - fair values and risk management
Until the authorization for issue of these Consolidated Financial Statements by the Board of Directors,
(a) Accounting classifications and fair values
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 S.A., Alpha Bank
and UniCredit) with a total overdraft limit of up to RON 2,963,947 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 31 December 2023 is of RON 2,851,221 thousand (31 December 2022: RON 2,571,037 thousand).
Lender (overdrafts)
Borrower
Balance at
Balance at
31 December 2023
31 December 2022
ING Bank N.V
Societatea Energetica Electrica S.A.
Alpha Bank
Electrica Furnizare S.A.
BCR
BRD
Electrica Furnizare S.A.
Electrica Furnizare S.A.
Banca Transilvania
Electrica Furnizare S.A.
ING Bank N.V
Electrica Furnizare S.A.
Raiffeisen Bank
Electrica Furnizare S.A.
UniCredit Bank
Electrica Furnizare S.A.
BNP Paribas
Electrica Furnizare S.A.
BCR
Distributie Energie Electrica Romania S.A
Banca Transilvania
Distributie Energie Electrica Romania S.A
ING Bank N.V
Distributie Energie Electrica Romania S.A
Intesa San Paolo
Distributie Energie Electrica Romania S.A
Raiffeisen Bank
Distributie Energie Electrica Romania S.A
206,986
213,702
378,887
218,817
187,194
170,602
369,274
302,399
28,830
210,593
159,544
49,682
135,815
218,895
209,138
147,497
227,311
216,570
185,528
169,600
343,001
300,294
-
208,412
158,965
49,855
135,096
219,770
According to IFRS 9, financial assets are measured at amortised cost as 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.
The Group assessed that the carrying amount is a reasonable approximation of the fair value for the
financial assets and financial liabilities.
(b) Financial risk management
The Group has exposure to the following risks arising from financial instruments:
• credit risk;
• liquidity risk;
• market risk.
These risks are further explained and detailed.
(i) Credit risk
Credit risk is the risk of financial loss to the Group if a customer or counterparty to a financial instrument
fails to meet its contractual obligations, and arises principally from the Group’s receivables from customers,
cash and cash equivalents, restricted cash and bank deposits.
The Group’s exposure to credit risk is influenced mainly by the individual characteristics of each customer.
In the past, the Group had a high credit risk mainly from State-owned companies.
Total overdrafts
2,851,221
2,571,037
Cash and bank deposits are placed in financial institutions which are considered to have low risk of default.
The carrying amount of financial assets represents the maximum credit exposure.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A604
605
Trade receivables
(ii) Liquidity risk
The Group’s credit risk in respect of receivables was concentrated in the past around state-controlled
Liquidity risk is the risk that the Group will encounter difficulty in meeting the obligations associated with its
companies and in the recent years refers to clients that are facing financial difficulties in their industries
financial liabilities that are settled by delivering cash or another financial asset. The Group’s approach to
due to specific changes in circumstances in their industry sector. The Group has implemented a policy
managing liquidity is to ensure, as far as possible, that it will have sufficient liquidity to meet its liabilities
on credit risk management and is also considering securing trade receivables. Also, the electricity supply
when they are due, under both normal and stressed conditions, without incurring unacceptable losses.
contracts include termination clauses in certain circumstances.
The Group establishes an allowance for impairment that represents the amount of expected credit losses,
cash outflows on financial liabilities. The Group also monitors the level of expected cash inflows on trade
calculated based on the expected loss rates.
receivables together with expected cash outflows on trade and other payables. In addition, the Group
The Group aims to maintain the level of its cash and cash equivalents at an amount in excess of expected
Impairment
maintains overdrafts (refer to Note 32).
Exposure to liquidity risk
The following table provides information about the exposure to credit risk and expected credit losses for
trade receivables for customers as at 31 December 2023:
The following are the remaining contractual maturities of financial liabilities at the reporting date. The
31 December 2023
amounts are gross and undiscounted.
Gross
value
Lifetime ECL
Net trade
Credit
receivables
impaired
Financial liabilities
Carrying
amount
Contractual cash flows
Total
less than 1
year
1-2 years
2-5 years
more than
5 years
Expected
credit loss
rates (“ECL”)
2%
7%
14%
37%
92%
Neither past due nor impaired
Past due 1-30 days
Past due 31-60 days
Past due 61-90 days
Past due more than 90 days
Total
2,229,339
(35,330)
2,194,009
255,100
(16,875)
238,225
47,635
25,927
(6,670)
40,965
(9,640)
16,287
622,659
(571,703)
50,956
3,180,660
(640,218)
2,540,442
No
No
No
No
Yes
The Group performed a sensitivity analysis and a 5% increase in the expected credit loss rates would not
lead a material impact on the results of the Group.
trade receivables for customers as at 31 December 2022:
31 December 2022
Expected
credit loss
rates (“ECL”)
Gross
value
Lifetime ECL
Net trade
Credit
receivables
impaired
3%
4%
16%
35%
95%
1,951,656
(60,310)
1,891,346
490,985
(19,342)
471,643
66,365
27,259
(10,488)
(9,671)
55,877
17,588
No
No
No
No
582,426
(552,878)
29,548
Yes
3,118,691
(652,689)
2,466,002
Neither past due nor impaired
Past due 1-30 days
Past due 31-60 days
Past due 61-90 days
Past due more than 90 days
Total
Details of the main movements in the allowances for doubtful debts are disclosed in Note 20.
31 December 2023
Bank overdrafts
Lease liability
2,851,221
2,851,221
2,851,221
-
-
43,195
43,195
14,052
9,920
3,980
Long term bank borrowings
1,317,642
1,317,642
523,294
258,923
475,905
1,671,478
1,671,478
1,671,478
-
-
5,883,536
5,883,536
5,060,045
268,843
479,885
74,763
2,571,037
2,571,037
2,571,037
-
-
53,673
53,673
19,211
10,795
10,645
1,407,097
1,407,097
1,407,097
-
-
4,792,520
4,792,520
4,110,865
365,266
211,150
105,239
-
15,243
59,520
-
-
13,022
92,217
-
Trade payables
Total
31 December 2022
Bank overdrafts
Lease liability
Trade payables
Total
(iii) Market risk
Market risk is the risk that changes in market prices – such as foreign exchange rates and interest rates
– will affect the Group’s income or the value of its financial instruments held. The objective of market
risk management is to manage and control market risk exposures within acceptable parameters, while
optimising the return.
Currency risk
The Group is exposed to currency risk to the extent that there is a mismatch between the currencies in
which sales, purchases and borrowings are denominated and the functional currency of the Group. The
functional currency of all entities belonging to the Group is the Romanian Leu (RON).
The currency in which these transactions are primarily denominated is RON. Certain liabilities are
denominated in foreign currency (EUR). The Group also has deposits and bank accounts denominated in
The following table provides information about the exposure to credit risk and expected credit losses for
Long-term bank borrowings
760,713
760,713
113,520
354,471
200,505
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A606
607
foreign currency (EUR). The Group’s policy is to use the local currency in its transactions as far as practically
Exposure to interest rate risk
possible. The Group does not use derivative or hedging instruments.
Exposure to currency risk
The summary of quantitative data about the Group’s exposure to currency risk is as follows:
in thousands of RON
Cash and cash equivalents
Lease liability
Net statement of financial position exposure
31 December 2023
31 December 2022
denominated in EUR
denominated in EUR
347
(42,231)
(41,844)
277
(21,004)
(20,727)
The following significant exchange rates have been applied during the year:
RON
EUR 1
Sensitivity analysis
Average rate
Year-end spot rate
2023
4.9465
2022
4.9315
2023
4.9746
2022
4.9474
A reasonably possible strengthening (weakening) of the EUR against RON at 31 December would have
affected the measurement of financial instruments denominated in a foreign currency and profit before
tax by the amounts shown below. The analysis assumes that all other variables, in particular interest rates,
remain constant and ignores any impact of forecast sales and purchases.
The interest rate profile of the Group’s interest-bearing financial instruments is as follows:
31 December 2023
31 December 2022
(restated*)
Fixed-rate instruments
Financial assets
Call deposits
Financial liabilities
Long-term bank borrowings
Lease liability
Variable-rate instruments
Financial liabilities
Lease liability
Long-term bank borrowings
Bank overdrafts
Total
153,997
193,219
(1,068,912)
(32,312)
(947,227)
(10,883)
(248,730)
(651,752)
(37,378)
(495,911)
(16,295)
(108,961)
(2,851,221)
(2,571,037)
(3,110,834)
(2,696,293)
31 December 2023
EUR (5% movement)
31 December 2022
EUR (5% movement)
Interest rate risk
Profit before tax
Fair value sensitivity analysis for fixed-rate instruments
Effect
Strengthening
Weakening
The Group does not account for any fixed-rate financial assets or financial liabilities at fair value through
profit or loss. Therefore, a change in interest rates at the reporting date would not affect profit or loss.
(2,092)
(1,036)
2,092
1,036
Cash flow sensitivity analysis for variable-rate instruments
A reasonably possible change of 50 basis points in interest rates at the reporting date would have
increased (decreased) profit before tax by the amounts shown below. This analysis assumes that all other
variables, in particular foreign currency exchange rates, remain constant.
For financing purposes, the Group uses both medium and long-term bank loans and short-term loans in the
form of overdraft facilities (please see Note 31).
The Group is exposed to interest rate risk because entities in the Group borrow funds at both fixed and
31 December 2023
floating interest rates. The risk is managed by the Group by maintaining an appropriate mix between fixed
Variable-rate instruments
and floating rate borrowings (please see Note 31), as the long-term borrowings are contracted mainly at
fixed rates, while the overdraft facilities bear variable rates. The Group does not have in place hedging
contracts for interest rate.
31 December 2022
Variable-rate instruments
The Groups exposures to interest rates on financial assets and financial liabilities are detailed below.
The Group is exposed to the interest rate benchmark ROBOR, which is the interest rate on the Romanian
interbank market.
Profit before tax
50 bp increase
50 bp decrease
(15,554)
15,554
(13,481)
13,481
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A
608
609
33 Related parties
(a) Main shareholders
Supplier
As at 31 December 2023 and 31 December 2022, the major shareholder of Societatea Energetica Electrica S.A.
Electrocentrale Bucuresti
is the Romanian State, represented by the Ministry of Energy with a share of ownership of 48.79% from the
share capital.
(b) Management and administrators’ compensation
ANRE
Transgaz
Others
Total
Purchases (without VAT)
Balance (including VAT)
2023
-
16,763
7,638
5,945
2022
191,862
10,458
8,029
7,768
31 December
31 December
2023
-
12
1,850
1,513
2022
-
14
986
1,168
5,585,186
6,299,475
635,845
426,562
Executive Management compensation
2023
36,623
2022
34,726
The Group also makes sales to companies in which the State has control or significant influence
representing supply of electricity, of which the most important transactions are the following:
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:
Members of Board of Directors
2023
4,151
2022
3,063
Electrica SA’s Board of Directors comprises 7 members. According to the remuneration policy approved by
the General Meeting of Shareholders that took place on 20 April 2022, the annual number of paid sessions
is limited to twelve for Board of Directors meetings and to six for each of the committees. Additional
committee meetings can be organized only in exceptional situations, upon the Chairs’ committee decision,
who are responsible to efficiently organize the agenda and activity. However, only one such additional
meeting shall be remunerated, for each committee.
No loans were granted to directors or administrators in 2023 and 2022.
(c) Transactions with companies in which the state has control or significant influence
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, transport and system services
and sale of electricity. Significant purchases and balances are mainly with energy producers/suppliers, as
follows:
Supplier
OPCOM
Transelectrica
Nuclearelectrica
Hidroelectrica
Complexul Energetic Oltenia
OMV Petrom SA
SNGN Romgaz SA
Purchases (without VAT)
Balance (including VAT)
2023
2022
2,879,757
2,727,101
671,172
799,117
44,631
1,107,474
-
52,689
968,470
866,763
581,598
478,813
261,123
197,490
31 December
31 December
2023
212,746
170,242
107,671
37
132,693
-
9,081
2022
23,981
185,856
93,013
42,493
45,257
26,349
7,445
Client
OPCOM
Transelectrica
C.N.C.F CFR S.A.
SNGN Romgaz SA
Hidroelectrica
CN Romarm
CFR Electrificare
Transgaz
CN Remin SA
C.N.C.A.F MINVEST SA
Oltchim
CET Braila
Termoelectrica
Sales
Balance, gross
Allowance
(without VAT)
(including VAT)
(including VAT)
Balance, net
2023
37,429
157,861
114,009
32,762
288,923
25,158
19,043
1,684
923
-
-
14
-
2,174
44,220
33,841
-
32,882
4,279
2,347
544
71,347
26,802
115,426
3,378
1,206
31 December 2023
-
-
5
-
-
-
-
-
71,216
26,802
115,426
3,361
1,206
-
-
2,174
44,220
33,836
-
32,882
4,279
2,347
544
131
-
-
17
-
18,981
2,605,684
County Agency for Payments and Social
Inspection
Ministry of Energy/ National Agency for
Payments and Social Inspection
18,981
18,981
3,287,858
2,605,684
Others
Total
211,691
9,173
364
8,809
4,196,336
3,008,780
218,380
2,790,400
(*) In the 12-month period ended 31 December 2023, Electrica Furnizare S.A. recognised subsidies amounting to RON 3,306,839 thousand,
to be received from the Ministry of Energy/National Agency for Payments and Social Inspection, as a result of the application of the
price cap mechanism for electricity and natural gas according to the legislation in force.
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.AClient
OPCOM
Transelectrica
SNGN Romgaz SA
Hidroelectrica
CN Romarm
CFR Electrificare
Transgaz
CN Remin SA
C.N.C.A.F MINVEST SA
Oltchim
CET Braila
Termoelectrica
Ministry of Energy/ National Agency for
Payments and Social Inspection
Others
Total
34 Contingencies
Contingent liabilities
Fiscal environment
610
611
Sales
Balance, gross
Allowance
(without VAT)
(including VAT)
(including VAT)
Balance, net
2022
326,640
314,253
86,353
68,716
17,386
10,332
11,580
704
-
-
5
-
22,630
112,754
2,253
16,429
648
2,089
764
71,279
26,802
115,943
3,365
1,206
31 December 2022
-
-
9
-
-
-
-
71,148
26,802
115,943
3,361
1,206
22,630
112,754
2,245
16,429
648
2,089
764
132
-
-
3
-
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 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.
The Group recognised an expense in amount of RON 12,051 thousand during the year ended 31 December
2019 in accordance with IFRIC 23 „Uncertainty over Income Tax Treatments”. 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 14 August 2024, in order to mitigate the associated risks.
Other litigations and claims
The Group is involved in a series of litigations and claims (ie, with ANRE, NAFA, Court of Accounts, claims for
damages, claims over land titles, labour related litigations etc.).
As summarised in Note 30, the Group set-up 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 present information
in the financial statements and did not set-up provisions for items for which the management assessed as
2,687,131
1,322,311
-
1,322,311
remote the possibility of outflow of economic benefits.
127,686
11,277
522
10,754
3,650,786
1,709,750
218,991
1,490,759
The Group discloses if the case information on the most significant items of litigations or claims for which
the Group did not set-up 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).
35 Commitments
(a) Contractual commitments
Contractual commitments as at 31 December 2023 and 31 December 2022 are as follows:
Purchase of electricity
Purchase of green certificates
Purchase of property, plant and equipment and intangible assets
31 December 2023
31 December 2022
707,797
172,979
626,617
45,122
802,252
129,246
446,937
289,636
1,552,515
1,668,071
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 as a result of controls and
litigations with tax authorities, The management of the Group believes that adequate provisions were
recorded in the consolidated financial statements for all significant tax obligations; however a risk persists
Purchase of investments
Total
that the tax authorities might have different positions.
Tax inspection report for SDEE Muntenia Nord S.A. (currently Distributie Energie Electrica Romania S.A.)
The subsidiary SDEE Muntenia Nord S.A. (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 building taxes
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
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A612
613
(b) Investment program
The investment program at Group level estimated to be approved for the year 2024 is as follows:
Distribution activity
Supply activity
Maintenance activity
Production activity
Other
Total
2024
865,480
53,290
10,300
588,130
16,600
1,533,790
The capital expenditures actually incurred may differ from the ones planned.
(c) Guarantees and pledges
At 31 December 2023 and 31 December 2022, the Group has guarantees on its bank accounts opened at ING
Bank N.V., Raiffeisen Bank, Banca Comerciala Romana, Banca Transilvania, Intesa Sanpaolo Bank and Alpha
Bank for the overdrafts contracted (please see Note 31), and also on its bank accounts opened at BRD –
Group Societe Generale, Unicredit Bank, Banca Transilvania, Banca Comerciala Romana, Vista Bank and CEC
Bank for the long-term borrowings contracted (please see Note 31).
At 31 December 2023, the Group has outstanding bank letters of guarantee of RON 1,193,823 thousand (31
December 2022: RON 952,008 thousand) issued in favour of its suppliers.
(d) Audit fees
The audit fees for the consolidated financial statements were in amount of 1,075 thousand RON, and during
the year 2023, non-audit services fees were in amount of 174 thousand RON (limited review of the interim
consolidated financial statements). The audit fees for the individual financial statements are mentioned in
the annual individual financial statements of Electrica S.A..
36 Subsequent events
On 15 February 2024, the subsidiary Distributie Energie Electrica Romania (DEER) has obtained approval for
EUR 171 million in non-reimbursable European funding through the Modernisation Fund (FM), representing
80% of the eligible expenditure for seven new investment projects in the electricity distribution network,
projects with an estimated value of approximately EUR 266 million (with VAT).
Chief Executive Officer
Alexandru-Aurelian Chirita
Chief Financial Officer
Stefan Alexandru Frangulea
25 March 2024
NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)FOR THE YEAR ENDED 31 DECEMBER 20232023 ANNUAL REPORTNOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (IFRS-EU)2023 ANNUAL REPORTELECTRICA S.AFOR THE YEAR ENDED 31 DECEMBER 2023ELECTRICA S.A614
615
INDEPENDENT AUDITOR’S REPORT
ON 2023 CONSOLIDATED FINANCIAL
STATEMENTS (IFRS-EU)
616
617
Deloitte Audit S.R.L.
The Mark Tower,
82-98 Calea Griviței,
Sector 1, 010735
Bucharest, Romania
T: +40 21 222 16 61
F: +40 21 222 16 60
www.deloitte.ro
INDEPENDENT AUDITOR’S REPORT
To the Shareholders,
SOCIETATEA ENERGETICA ELECTRICA S.A.
Report on the Audit of the Consolidated Financial Statements
Opinion
1. We have audited the consolidated financial statements of Societatea Energetica Electrica S.A.and its subsidiaries (“the
Group”), with registered office in Bucharest, District 1, Street Grigore Alexandrescu, No. 9 , identified by unique tax
registration code 13267221, which comprise the consolidated statement of financial position as at December 31, 2023,
and the consolidated statement of comprehensive income, consolidated statement of changes in equity and
consolidated statement of cash flows for the year then ended, and notes to the consolidated financial statements,
including material accounting policy information.
2.
The financial statements as at December 31, 2023 are identified as follows:
•
•
Net assets / Equity RON 5,360,415 thousand
RON 772,103 thousand
Net profit for the financial year
3.
In our opinion, the accompanying consolidated financial statements present fairly, in all material respects, the
consolidated financial position of the Group as at December 31, 2023, and its consolidated financial performance and
its consolidated cash flows for the year then ended in accordance with IFRS Accounting Standards as adopted by the
EU.
Basis for Opinion
4. We conducted our audit in accordance with International Standards on Auditing (ISAs), Regulation (EU) No. 537/2014
of the European Parliament and the Council (herein after referred to as “the Regulation”) and Law 162/2017 on the
statutory audit of annual financial statements and annual consolidated financial statements and on amending other
pronouncements (herein after referred to as “the Law 162/2017”). Our responsibilities under those standards are
further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We
are independent of the Company in accordance with the International Ethics Standards Board for Accountants’
International Code of Ethics for Professional Accountants (including International Independence Standards) (IESBA
Code), in accordance with ethical requirements relevant for the audit of the financial statements in Romania including
the Regulation and the Law 162/2017 and we have fulfilled our other ethical responsibilities in accordance with these
requirements and the IESBA Code. We believe that the audit evidence we have obtained is sufficient and appropriate
to provide a basis for our opinion.
Emphasis of Matter
5. We draw attention to Note 2 of the consolidated financial statements, which describes that the Group prepares two
sets of consolidated financial statements, one under statutory regulations, namely Ministry of Finance Order
2844/2016 with subsequent amendments and one under International Financial Reporting Standards as adopted by
the European Union (“IFRS”). These consolidated financial statements are prepared under International Financial
Reporting Standards as adopted by the European Union (“IFRS”), which differs from OMF 2844/2016 with subsequent
amendments, as summarized in Note 2. Consequently these consolidated financial statements do not comply with
OMF 2844/2016 with subsequent amendments. Our audit report is not modified in respect of this matter.
Key Audit Matters
6.
Key audit matters are those matters that, in our professional judgment, were of most significance in our audit of the
consolidated financial statements of the current period. These matters were addressed in the context of our audit of
the consolidated financial statements as a whole, and in forming our opinion thereon, and we do not provide a
separate opinion on these matters.
Key audit matters
Going Concern
How our audit addressed the key audit matter
As presented in Note 8 the consolidated financial statements
have been prepared on the going concern basis. The key
judgement leading to this conclusion are set out in that note.
We have assessed managements valuation of the going
concern assumption by performing the following
procedures:
• We have obtained the cash flow forecasts and
critically challenged the management and the
Board of Directors and Audit Committee on the
assumptions used;
• We considered whether at the date of this report
additional information exist from the Romanian
authorities with respect to the capping mechanism;
• We have assessed the Group’s position on the
existing debt facilities, covenant compliance and
newly negotiated debt facilities, during 2024 until
the date of this report;
• We assessed the adequacy of the disclosure of the
basis of going concern assumption, including the
key judgements adopted;
In particular the Group operates in the electricity distribution
and supply industry which is currently affected by the
capping laws on sales to end customers. The Romanian
authorities regulatory position is under review and there
may be further laws enacted which could adversely impact
the Group’s operating cash flows. In the forthcoming twelve
months the Group will need to obtain additional financing
and given the position of the Group and its significance to
the Romanian economy management expects that all
necessary financing will be made available.
The ability of the Group to continue as a going concern is
dependent on the successful extension of the existing debt
facilities, drawdown of new financing and on stabilizing of
the regulatory regime on energy prices as described in note 8
which provides an appropriate margin to support servicing of
the Group’s short and long term financings.
In view of the significant judgements, the application and
disclosures of the basis of the going concern assumption are
considered a Key Audit Matter.
Valuation of Retail accrued revenue, related to electricity
supplied to households
The Group recognizes at the end of each reporting period
accrued revenue from the energy supply activity, related to
the household population. If the actual meter readings are
not available at the end of the reporting period, energy
supplied to households is estimated based on internal
information related to historical patterns of consumption.
The degree of estimation uncertainty reduces from one
period to another, however judgement is inherent in the
valuation of the accrued revenue related to the household
population.
The group has a number of IT systems across the
businesses and we were not able to rely on the
effectiveness of IT controls within the revenue cycle. The
audit procedures adopted were substantive in nature and
included the following:
• Obtaining an understanding of the accounting
policies used in the preparation of the consolidated
financial statements, with respect to revenue
recognition;
Because of the significance of the estimations around the
accrued revenue related to the households and the inability
of relying on the effectiveness of the controls, we consider
the valuation of retail accrued revenue, related to
households a key audit matter.
•
Testing the reconciliation made by the Group
between the quantity of electricity purchased for
supply purposes and the quantity of electricity
delivered from the supply activity;
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referred to as "Deloitte Global") and each of its member firms and related entities are legally separate and independent entities, which cannot obligate or bind each other in respect of third parties.
DTTL and each DTTL member firm and related entity is liable only for its own acts and omissions, and not those of each other. DTTL does not provide services to clients.
Please see www.deloitte.com/about to learn more.
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Key audit matters
How our audit addressed the key audit matter
Other information
•
•
•
Testing the acquired electricity for supply purposes
through a combination of direct confirmations
received from the electricity producers and other
supporting documents;
Testing the revenues related to electricity supplied
to final customers through a combination of direct
confirmations and other supporting documents;
Performing analytical procedures on all electricity
sales.
We have assessed the Group’s position with respect to
the recognition of the financial asset related to additional
costs of purchasing electricity for covering own
technological consumption of the distribution operators
and restatement of the consolidated financial statements
by performing the following procedures:
• We have obtained the position paper prepared by
the management and position paper prepared by
an external consultant with respect to this matter;
• We have read and assessed the memos in view of
the application of the relevant IFRS standards and
we have performed internal consultations with our
IFRS specialists;
We have assessed the adequacy of the restatement of
the comparative financial information including related
disclosure in the financial statements;
Restatement of financial statements as at December 31,
2022
In our auditor’s report on the consolidated financial
statements for the prior period (i.e. as of 31 December 2022
and for the year then ended), we have expressed a qualified
opinion due to the fact that the Group has recorded a
financial asset related to the concession agreement of RON
951,557 thousand related to the additional cost of
purchasing electricity for covering the own technological
consumption of the distribution operators. We were unable
to obtain sufficient evidence to support the recognition of
the amounts recorded as financial assets related to the
concession agreement in the consolidated statement of
financial position as of December 31, 2022 and the elements
making up the statement of profit and loss and other
comprehensive income, statement of changes in equity and
statement of cash flows.
As presented in Note 5 to the consolidated financial
statements, during 2023, the Group reassessed its previous
position within the consolidated financial statements related
to the recognition of financial asset from the amendment of
the concession agreements, for which a financial asset in the
amount of RON 951,557 thousand was recognised,
representing the difference between the net cost with the
purchase of the energy for network losses and the network
losses cost included in the regulatory tariff by ANRE, for the
period 1 January – 31 December 2022, and restated the
comparatives in the current year financial statements.
In view of the significant judgements, the application of the
IFRS as adopted by EU ("IFRS") measurement and recognition
criteria and also restatement including related disclosures,
this matter was considered a significant risk and a Key Audit
Matter.
7.
The administrators are responsible for the preparation and presentation of the other information. The other
information comprises the Administrators’ Consolidated report and the Remuneration report, but does not include the
consolidated financial statements and our auditor’s report thereon, or the non-financial information declaration, which
is being presented in a separate report.
Our opinion on the financial statements does not cover the other information and, unless otherwise explicitly
mentioned in our report, we do not express any form of assurance conclusion thereon.
In connection with our audit of the consolidated financial statements for the year ended December 31, 2023, our
responsibility is to read the other information and, in doing so, consider whether the other information is materially
inconsistent with the financial statements or our knowledge obtained in the audit or otherwise appears to be
materially misstated.
Other reporting responsibilities with respect to other information – Administrators’ consolidated report
With respect to the Administrators’ consolidated report, we read it and report if this has been prepared, in all material
respects, in accordance with International Financial Reporting Standards as adopted by the European Union.
On the sole basis of the procedures performed within the audit of the consolidated financial statements, in our
opinion:
a)
the information included in the Administrators’ consolidated report and the Remuneration report for the
financial year for which the consolidated financial statements have been prepared, is consistent, in all material
respects, with the consolidated financial statements;
b)
the Administrators’ consolidated report has been prepared, in all material respects, in accordance with
International Financial Reporting Standards.
Moreover, based on our knowledge and understanding concerning the Group and its environment gained during the
audit on the financial statements prepared at December 31, 2023, we are required to report if we have identified a
material misstatement of this Administrators’ consolidated report and the Remuneration report. We have nothing to
report in this regard.
Other reporting responsibilities with respect to other information – Remuneration report
With respect to the Remuneration report, we read it to determine if it presents, in all material respects, the
information required by article 107, paragraphs (1) and (2) of Law 24/2017 regarding the issuers of financial
instruments and market operations, republished. We have nothing to report in this regard.
Responsibilities of Management and Those Charged with Governance for the Consolidated Financial Statements
8. Management is responsible for the preparation and fair presentation of the consolidated financial statements in
accordance with IFRS Accounting Standards as adopted by the EUand for such internal control as management
determines is necessary to enable the preparation of consolidated financial statements that are free from material
misstatement, whether due to fraud or error.
9.
In preparing the consolidated financial statements, management is responsible for assessing the Group’s ability to
continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern
basis of accounting unless management either intends to liquidate the Group or to cease operations, or has no realistic
alternative but to do so.
10. Those charged with governance are responsible for overseeing the Group’s financial reporting process.
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Auditor’s Responsibilities for the Audit of the Consolidated Financial Statements
Report on Other Legal and Regulatory Requirements
11. Our objectives are to obtain reasonable assurance about whether the consolidated financial statements as a whole are
free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our
opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in
accordance with ISAs will always detect a material misstatement when it exists. Misstatements can arise from fraud or
error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence
the economic decisions of users taken on the basis of these consolidated financial statements.
12. As part of an audit in accordance with ISAs, we exercise professional judgment and maintain professional skepticism
throughout the audit. We also:
•
•
•
•
•
•
Identify and assess the risks of material misstatement of the consolidated financial statements, whether due to
fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is
sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement
resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery,
intentional omissions, misrepresentations, or the override of internal control.
Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are
appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the
Group's internal control.
Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and
related disclosures made by management.
Conclude on the appropriateness of management’s use of the going concern basis of accounting and, based on
the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast
significant doubt on the Group’s ability to continue as a going concern. If we conclude that a material uncertainty
exists, we are required to draw attention in our auditor’s report to the related disclosures in the consolidated
financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on
the audit evidence obtained up to the date of our auditor’s report. However, future events or conditions may
cause the Group to cease to continue as a going concern.
Evaluate the overall presentation, structure and content of the consolidated financial statements, including the
disclosures, and whether the consolidated financial statements represent the underlying transactions and events
in a manner that achieves fair presentation.
Obtain sufficient appropriate audit evidence regarding the financial information of the entities or business
activities within the Group to express an opinion on the consolidated financial statements. We are responsible for
the direction, supervision and performance of the group audit. We remain solely responsible for our audit
opinion.
13. We communicate with those charged with governance regarding, among other matters, the planned scope and timing
of the audit and significant audit findings, including any significant deficiencies in internal control that we identify
during our audit.
14. We also provide those charged with governance with a statement that we have complied with relevant ethical
requirements regarding independence, and to communicate with them all relationships and other matters that may
reasonably be thought to bear on our independence, and where applicable, actions taken to eliminate threats or
safeguards applied.
15. From the matters communicated with those charged with governance, we determine those matters that were of most
significance in the audit of the financial statements of the current period and are therefore the key audit matters. We
describe these matters in our auditor’s report unless law or regulation precludes public disclosure about the matter or
when, in extremely rare circumstances, we determine that a matter should not be communicated in our report
because the adverse consequences of doing so would reasonably be expected to outweigh the public interest benefits
of such communication.
16. We were appointed by the General Meeting of Shareholders on April 27, 2023 to audit the consolidated financial
statements of Societatea Energetica Electrica S.A. for the financial year ended December 31, 2023. The uninterrupted
total duration of our commitment is 6 of years, covering the financial years ended December 31, 2018 to December 31,
2023.
We confirm that:
• Our audit opinion is consistent with the additional report submitted to the Audit Committee of the Company that
we issued the same date we issued this report. Also, in conducting our audit, we have retained our independence
from the audited entity.
• No non-audit services referred to in Article 5 (1) of EU Regulation no. 537/2014 were provided.
The engagement partner on the audit resulting in this independent auditor’s report is Răzvan Ungureanu.
Report on compliance with the Law 162/2017 on the statutory audit of annual financial statements and annual
consolidated financial statements and on amending other pronouncements (“Law 162/2017”), and Commission
Delegated Regulation (EU) 2018/815 on the European Single Electronic Format Regulatory Technical Standard
(“ESEF”)
We have undertaken a reasonable assurance engagement on the compliance with Law 162/2017, and Commission
Delegated Regulation (EU) 2018/815 applicable to the consolidated financial statements included in the annual financial
report of Societatea Energetica Electrica S.A. and its subsidiaries (“the Group”) as presented in the digital files which
contain this audit report (“Digital Files”).
(I)
Responsibilities of management and those charged with governance for the Digital Files prepared in compliance with
the ESEF
Management is responsible for preparing Digital Files that comply with the ESEF. This responsibility includes:
the design, implementation and maintenance of internal control relevant to the application of the ESEF;
the selection and application of appropriate iXBRL mark-ups;
ensuring consistency between the Digital Files and the consolidated financial statements to be submitted in
accordance with IFRS Accounting Standards as adopted by the EU.
Those charged with governance are responsible for overseeing the preparation of the Digital Files that comply with ESEF.
(II)
Auditor’s Responsibilities for Audit of the Digital Files
Our responsibility is to express a conclusion on whether the consolidated financial statements included in the annual
financial report complies in all material respects with the requirements of ESEF based on the evidence we have obtained.
We conducted our reasonable assurance engagement in accordance with International Standard on Assurance Engagements
3000 (Revised), Assurance Engagements Other than Audits or Reviews of Historical Financial Information (ISAE 3000) issued
by the International Auditing and Assurance Standards Board.
Our firm applies International Standard on Quality Management 1 (“ISQM1”), and accordingly maintains a comprehensive
system of quality control including documented policies and procedures regarding compliance with ethical requirements,
professional standards and applicable legal and regulatory requirements.
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A reasonable assurance engagement in accordance with ISAE 3000 involves performing procedures to obtain evidence about
compliance with ESEF. The nature, timing and extend of procedures selected depend on the auditor’s judgment, including
the assessment of the risks of material departures from the requirements set out in ESEF, whether due to fraud or error. A
reasonable assurance engagement includes:
obtaining an understanding of the Company’s process for preparation of the digital files in accordance with ESEF,
including relevant internal controls;
reconciling the digital files including the marked-up data with the audited consolidated financial statements of the
Company to be submitted in accordance with IFRS Accounting Standards as adopted by the EU;
evaluating if all financial statements contained in the consolidated annual report have been prepared in a valid
XHTML format;
evaluating if the iXBRL mark-ups, including the voluntary mark-ups, comply with the requirements of ESEF.
We believe that the evidence we have obtained is sufficient and appropriate to provide a basis for our conclusion.
In our opinion, the consolidated financial statements for the year ended 31 December 2023 included in the annual financial
report in the Digital Files comply in all materials respects with the requirements of ESEF.
Răzvan Ungureanu, Audit Partner
For signature, please refer to the original
signed Romanian version.
Registered in the Electronic Public Register of Financial
Auditors and Audit Firms under AF 4866
On behalf of:
DELOITTE AUDIT SRL
Registered in the Electronic Public Register of Financial
Auditors and Audit Firms under FA 25
The Mark Building, 84-98 and 100-102 Calea Griviței, 9th Floor, District 1
Bucharest, Romania
March 25, 2024
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STATEMENT
OF THE MANAGEMENT
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Statement of the Management
Based on the best available information, we confirm that the consolidated financial statements
reviewed and audited for the period ended 31 December 2023 prepared in accordance with
International Financial Reporting Standards as adopted by the European Union (“IFRS-EU”), 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. 63 of the law no. 24/2017 on issuers of financial
instruments and market operations and to annex no. 15 to ASF Regulation no. 5/2018 for the
period ended 31 December 2023, comprises accurate and real information regarding the Group’s
development and performance.
Based on the best available information, we confirm that the consolidated financial statements
reviewed and audited for the period ended 31 December 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. 63 of the law no. 24/2017 on issuers of financial
instruments and market operations and to annex no. 15 to ASF Regulation no. 5/2018 for the
period ended 31 December 2023, comprises accurate and real information regarding the Group’s
development and performance.
Chair of the Board of Dir ector s ,
Dumitru CHIRITA
Chief Executive Offi cer,
Alexandru-Aurelian CHIRITA
Chief Fin ancia l Offi ce r,
Stefan Alexandru FRANGULEA
STATEMENT OF THE MANAGEMENTSTATEMENT OF THE MANAGEMENT2023 ANNUAL REPORT2023 ANNUAL REPORT