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President Iohannis promulgates offshore law

May 26, 2022

President Klaus Iohannis promulgated on Wednesday the normative act for amending and supplementing Law no. 256/2018 on some measures necessary for the implementation of oil operations by the holders of oil agreements regarding offshore oil perimeters, the Presidential Administration announced.The law was passed by the Chamber of Deputies last week, as a decision-making body.   According to the law, the Romanian state will collect 60% of taxes and duties for the gas from the Black Sea. The law stipulates that producers will pay additional tax when the price of gas will exceed 85 lei / MWh, compared to 45.71 lei / MWh, as established by the law in 2018. The tax increases progressively depending on the price of gas: 15% of the additional revenues obtained as a result of prices higher than 85 lei / MWh and less than or equal to 100 lei / MWh; 30% of the additional revenues obtained as a result of prices higher than 100 lei / MWh and less than or equal to 115 lei / MWh; 35% of the additional revenues obtained as a result of prices higher than 115 lei / MWh and less than or equal to 130 lei / MWh; 40% of the additional revenues obtained as a result of prices higher than 130 lei / MWh and less than or equal to 145 lei / MWh; 50% of the additional revenues obtained as a result of prices higher than 145 lei / MWh and less than or equal to 160 lei / MWh; 55% of the additional revenues obtained as a result of prices higher than 160 lei / MWh and less than or equal to 175 lei / MWh; 60% of the additional revenues obtained as a result of prices higher than 175 lei / MWh and less than or equal to 190 lei / MWh; 70% of the additional revenues obtained as a result of prices higher than 190 lei / MWh.   According to the law adopted by the Parliament, investors can deduct a maximum of 40% of the total tax on additional income, for investments made in the upstream segment, compared to 30% at present. It also removes the obligation to sell 50% of domestic production, with the government only being able to intervene in crisis situations.   The law also establishes that Romania will have the right of preemption for the purchase of natural gas, ie it will be able to cover the domestic needs before selling the surplus for export.   The new law also stipulates that the royalty regime and the specific tax regime will not change, in any form, for or against investors, for the duration of the agreements.  

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