The European Commission has launched two investigations into a public procurement procedure for a photovoltaic park in Romania, developed by CE Oltenia and OMV Petrom and partially financed by European funds

The European Commission has launched two investigations into a public procurement procedure for a photovoltaic park in Romania, developed by CE Oltenia and OMV Petrom and partially financed by European funds
The European Commission has launched two investigations into a public procurement procedure for a photovoltaic park in Romania, developed by CE Oltenia and OMV Petrom and partially financed by European funds
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Foreign Subsidies Regulation) In connection with a photovoltaic park in Romania, partially financed by the EU Modernization Fund

andthe investigations assess the possible market distortion of foreign subsidies granted to bidders in a public procurement procedure. The Commission will assess whether the economic operators in question benefited from a non-competitive advantage to obtain public contracts in the EU territory.

The European Commission notified following the notifications submitted, on the one hand, by ENEVO Group, including LONGi Solar Technologie GmbH, and, on the other hand, by Shanghai Electric UK Co. Ltd. and Shanghai Electric Hong Kong International Engineering.

The tender in question was launched by a contracting authority from Romania (the company PARC FOTOVOLTAIC ROVINARI EST) for the design, construction and operation of a photovoltaic park with an installed power of 110 MW.

Rovinari Est Photovoltaic Park Company is owned by OMV Petrom and the Oltenia Energetic Complex, with plans to build four photovoltaic parks in Rovinari, Işalnita and TIsmana. The estimated value of the contract is 374 million euros. 70% of the investment is financed from the EU Modernization Fund.

According to the Regulation on foreign subsidies, companies are obliged to notify public procurement tenders in the EU if the estimated value of the contract exceeds 250 million euros and the company has benefited from foreign financial contributions of at least 4 million euros from the at least one third country in the three years preceding the notification.

Following the preliminary examination of the notifications, the Commission considered that it is justified to open an in-depth investigation for the two participants in the procurement procedure, as there are sufficient indications that both have been granted foreign subsidies that distort the internal market.

The two consortia sent the notifications on March 4, 2024. The European Commission has 110 working days from that date to make a decision.

The first consortium investigated is composed of the ENEVO group and LONGi Solar Technologie GmbH. Enevo Group, the leader of the consortium, is a provider of engineering and consulting services based in Romania. Longi Solar Technologie is a newly established German subsidiary, wholly owned by LONGi Green Energy Technology, supplier of photovoltaic solar solutions, listed on the Hong Kong Stock Exchange. Both LONGi Solar Technologie and LONGi Green Energy Technology are engaged in the development, manufacture and maintenance of solar wafers, cells and modules.

The second consortium investigated is composed of Shanghai Electric UK Co. Ltd. and Shanghai Electric Hong Kong International Engineering Co. Ltd. Both companies are wholly owned by Shanghai Electric Group, a company owned by the Chinese state. Shanghai Electric UK Co., Ltd. and Shanghai Electric Hong Kong International Engineering Co., Ltd. are the world’s leading providers of industrial solutions in the fields of energy, manufacturing and digital intelligence integration. They provide wind, solar and hydrogen storage services, as well as an integrated generation, network, charging and storage process.

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