Energy #9 Legislative focus

ANRE has published, in the same day and in Phase II consultation, two draft orders updating the rules for grid connection and the regime for licensing and authorisation in the electricity sector.

The package introduces a structural tightening of access conditions. The guarantee for issuing the grid connection permit (ATR) increases from 5% to 20% of the connection tariff (excluding VAT) for projects above 1 MW. A separate participation guarantee is introduced for capacity allocation procedures, set at EUR 20,000/MW for 2026.

At the level of project authorisation, a new guarantee of EUR 30/kW installed is introduced for obtaining the establishment authorisation, valid until the grid connection certificate is issued. At the same time, the framework links more strictly grid access to permitting timelines and proof of financing, including the risk of losing connection rights if deadlines are not met.

The initiative comes in the context of high volumes of reserved capacity in the system, including ATRs exceeding 80,000 MW, significantly above current consumption levels, and follows earlier consultations and discussions between Government and ANRE on filtering speculative projects.

The package reshapes the entry conditions for energy projects by introducing a multi-layered financial discipline mechanism.

For developers and investors, the main implication is the increase in upfront capital requirements and the earlier obligation to demonstrate financing readiness. This may favour well-capitalised actors and affect projects still in early development stages.

For system operators, the measures may reduce the volume of capacity blocked by non-advancing projects, although they do not directly address physical network constraints or permitting bottlenecks.

At market level, the expected effect is a partial clean-up of the project pipeline and a more efficient allocation of available grid capacity, depending on the final calibration of the rules.

The draft orders will be finalised after the consultation period, with key points to monitor including the final level of guarantees, the treatment of existing projects and the implementation approach by network operators following publication.

The Constitutional Court of Romania has rejected the objection of unconstitutionality submitted by the President regarding the law amending the prosumer framework under the Electricity and Gas Law.

The Court confirmed that the law complies with constitutional requirements and that the amendments adopted by Parliament fall within the scope of the reexamination process. The decision is final and generally binding.

This step removes the legal blockage that had halted the legislative process and allows the law to proceed towards promulgation and publication.

The decision restores procedural certainty and brings the legislative process back on track after a prolonged period of delays and legal challenges.

For suppliers, distribution operators and authorities, the relevance lies in the need to prepare for implementation and secondary regulation updates.

For prosumers and small-scale investors, the law strengthens the framework governing energy compensation and valorisation mechanisms, with implications for investment decisions and operational predictability.

At market level, the development signals a stabilisation of the prosumer regulatory framework after repeated revisions.

The law will proceed to promulgation and publication in the Official Gazette, followed by updates to secondary legislation by ANRE for implementation.

The Ministry of Energy has published for public consultation a state aid scheme supporting investments in new biofuel production capacities, financed through the Modernisation Fund.

The scheme has a total budget of EUR 500 million and provides grants of up to 70% of eligible costs. Maximum aid levels are set at EUR 50 million per bioethanol installation and EUR 133.3 million for SAF and HVO installations.

Projects will be selected through a competitive process based on the level of aid requested per unit of output, with strict eligibility conditions including new capacity only, secured feedstock supply and proof of co-financing.

The scheme creates a targeted investment opportunity for industrial players capable of developing large-scale biofuel production.

For companies, the relevance lies in access to significant public funding combined with strict performance obligations. Failure to meet production targets may trigger partial or full recovery of the aid.

The initiative also signals continued use of the Modernisation Fund for industrial decarbonisation projects, beyond electricity generation.

The consultation period runs until mid-May 2026, after which the final version of the scheme may be adopted and implementation procedures launched.