Energy #12 Legislative focus

The legislative file approving GEO 38/2026 advanced this week after the Senate adopted the draft law as the first chamber. The version approved by the Senate maintains the SAFE-related component of the ordinance but removes Articles III-XIV, the block of provisions introduced beyond the initial framework discussed by the Government.

The amendment removing Articles III-XIV had been promoted by the PSD parliamentary group and was justified by reference to the fact that the version presented in the Government meeting of 4 May 2026 did not contain these articles. The justification also referred to the observations of the Legislative Council concerning the lack of connection between the initial object of the ordinance and the additional provisions later included in the published text.

The procedural path was unusual. The amendment was rejected in the Budget Committee, but the draft law had three lead committees. Since the Economic Committee and the Defence Committee supported the amendment, it was included in the joint report. As a result, the text submitted to the Senate plenary provided for the approval of GEO 38/2026 with the removal of Articles III-XIV.

The final Senate vote should therefore be read carefully. The plenary did not vote on the extended version of GEO 38/2026 as published by the Government, but on a version that preserved the SAFE component and removed the additional provisions. The draft law now moves to the Chamber of Deputies, which is the decisive chamber.

For companies, the main issue remains legal predictability.

The provisions removed by the Senate included measures relevant for the energy sector, including provisions concerning compensation schemes for electricity and gas, as well as provisions linked to natural gas infrastructure. If the Senate version is maintained by the Chamber of Deputies, these measures will be removed from the law approving GEO 38/2026.

The Chamber of Deputies may maintain the Senate version, amend the draft law again or reintroduce parts of the removed provisions. In parallel, the constitutional procedures remain active, including the Ombudsman’s referral to the Constitutional Court and the legal conflict of constitutional nature invoked between Parliament and the Government.

For companies potentially affected by Articles III-XIV, the risk is therefore linked less to the Senate vote itself and more to the final form that will be adopted by the Chamber of Deputies and to the possible effects of future Constitutional Court decisions.

The Ministry of Environment, Waters and Forests published Order no. 1039/2026, which establishes the procedure for issuing and revising greenhouse gas emissions authorisations for entities that release excisable fuels for consumption.

The order should be read as an administrative preparation step for the future ETS2 framework. It creates part of the administrative infrastructure needed for monitoring and authorising upstream entities that place fuels on the market, but the broader implementation context remains relevant, including Romania’s National Social Climate Plan and the wider framework for the Social Climate Fund.

The procedure applies to regulated entities defined under Government Decision no. 907/2025, mainly upstream operators such as authorised warehouse keepers, importers and other fuel suppliers releasing excisable fuels for consumption. It does not apply to final consumers.

The authorisation process is linked to the submission of a monitoring plan for greenhouse gas emissions, prepared in accordance with European reporting rules. The National Agency for Environment and Protected Areas is the competent authority responsible for analysing the documentation, approving monitoring plans and issuing the authorisations.

For upstream fuel suppliers, this is an early compliance signal.

The order clarifies the administrative route through which entities releasing excisable fuels for consumption will be identified, authorised and connected to future monitoring and reporting obligations. Even if ETS2 is not yet fully operational, the authorisation procedure starts defining which operators will need to prepare documentation, monitoring plans and internal data flows for the future system.

The relevance is therefore practical rather than immediate in price or certificate surrender terms. Companies need to understand whether their activities fall within the scope of the procedure, what information will be required and how the authorisation file connects with future emissions reporting obligations.

The link with the National Social Climate Plan also remains important. Romania’s broader approach to ETS2-related social and distributional impacts is still part of the wider implementation picture, especially for the use of Social Climate Fund resources and the policy measures that may accompany the future application of ETS2.

ANRE published Order no. 17/2026 approving an updated Regulation for the authorisation of economic operators carrying out activities in the natural gas sector.

The new regulation establishes the conditions, deadlines and procedures for granting, modifying, suspending and withdrawing authorisations, as well as the periodic endorsement required for continuing authorised activities.

The framework applies to operators carrying out design, execution and operation activities in the natural gas sector, including activities concerning pipelines, storage facilities, transmission and distribution installations, biogas, biomethane, LNG, hydrogen and gas utilisation installations.

The regulation updates documentation requirements, revises minimum staffing and technical equipment obligations and introduces new types of authorisations for LNG storage and regasification installations, LNG terminals and hydrogen production installations. Authorisations have unlimited validity but must be endorsed every five years for continuation of activity.

The order also regulates the possibility for economic operators from other states to provide services in Romania based on a confirmation decision issued by ANRE. At the same time, it updates the rules on suspension and withdrawal of authorisations in cases of non-compliance, repeated breaches or failure to maintain minimum staffing requirements.

For companies active in the gas sector, the order updates the conditions for access to regulated technical activities.

The relevance is operational. Companies involved in design, execution, operation or maintenance activities must ensure that authorisations, staff structures, documentation and technical capabilities remain aligned with the new regulation. The five-year endorsement requirement also creates a recurring compliance checkpoint, even though the authorisations themselves have unlimited validity.

The inclusion of LNG, biomethane and hydrogen-related activities is also relevant because it broadens the authorisation framework beyond conventional natural gas infrastructure. This reflects the gradual expansion of gas-sector regulation towards adjacent technologies and infrastructure needed for diversification, decarbonisation and future system adaptation.

For operators already authorised under the previous framework, the transition will require attention to the new requirements and to the conditions under which existing authorisations remain valid. For new entrants or cross-border service providers, the regulation clarifies the administrative route for obtaining access to regulated activities in Romania.