Energy #23 Legislative focus

ANRE published revised versions of two draft orders implementing the changes introduced by Law no. 160/2026 for prosumers.

The first draft establishes transitional rules for electricity sale-purchase contracts already in force or concluded by 31 December 2026. The second introduces the methodology for monthly settlement, billing and multi-location allocation of the value of electricity delivered by prosumers.

Compared with the first consultation versions, ANRE has introduced several material changes.

Under the transitional draft, suppliers will have 40 calendar days, rather than 30, to recalculate quantities and values for the period starting on 26 July 2026 and to issue the necessary billing or correction documents. The previously proposed fixed entry into force date of 1 October 2026 has also been removed, meaning the rules would apply from publication in the Official Gazette.

The revised text also introduces a separate purchase and settlement document for individuals with installations of up to 27 kW who are not legally required to issue invoices. Suppliers must separately identify historical rights relating to electricity delivered up to 25 July 2026 and provide prosumers with a detailed statement of these balances.

The revised multi-location methodology also changes how available amounts are used. Standard allocation will apply only to invoices that have already reached maturity. Amounts may be reserved for issued but not yet due invoices only where the prosumer expressly opts for a separate scheduled-payment mechanism.

For electricity delivered from 26 July 2026 onwards, new quantities will no longer be carried forward in kWh. Excess electricity will instead be financially settled under the applicable contractual rules.

The consultation on both revised drafts remains open until 1 October.

The second consultation phase provides substantially more detail on how suppliers must operate the new settlement model.

For suppliers, the impact is primarily operational. Billing, accounting and customer-management systems will need to distinguish between historical kWh balances, current financial settlement, multi-location allocation and the new scheduled-payment option.

The obligation to recalculate the period beginning on 26 July 2026 also creates a retrospective implementation task. Suppliers will need to identify previously created kWh balances, payments and compensations, cancel or correct them where required and communicate the resulting historical balances to affected customers.

For prosumers, the revised methodology provides greater clarity on how existing rights will be preserved and how future excess production will be monetised. At the same time, the distinction between multi-location allocation and scheduled payment makes the mechanism more complex than the initial framework suggested.

The Chamber of Deputies committees have substantially rewritten a draft bill that initially introduced a narrow obligation for the National Cyber Security Directorate to establish technical cybersecurity rules related to electricity network access and priority dispatching.

The joint report adopted by the Committee for Industries and Services and the Economic Policy Committee removes that original provision and replaces it with a considerably broader framework.

Under the amended text, DNSC would establish technical cybersecurity rules and endorse cybersecurity strategies for electricity producers, the transmission system operator and distribution operators.

The new provisions extend DNSC responsibilities to the natural gas and hydrogen sectors as well.

Cybersecurity investments planned by transmission and distribution operators and other licensed gas and hydrogen operators would require DNSC endorsement before being submitted to ANRE. Eligible expenditure associated with these investments could subsequently be recognised through regulated tariffs.

DNSC would have 180 days after the law enters into force to issue the technical rules. ANRE would then have a further 180 days, where necessary, to adapt the relevant tariff methodologies.

The joint committee report has been published and the draft bill will next be debated in the plenary of the Chamber of Deputies. Because the Chamber committees have substantially changed the text previously adopted by the Senate, if the Chamber of Deputies adopts the amended version, the draft bill will return to the Senate for final consideration of the provisions adopted differently by the two chambers.

The amendments fundamentally change the scope of the draft bill.

Rather than regulating a specific cybersecurity issue connected to electricity network access and dispatching, the current parliamentary text would create a broader interface between cybersecurity governance, energy-sector investment planning and economic regulation.

For regulated network operators, the most direct implication is the proposed DNSC involvement in cybersecurity investment programmes before these are submitted to ANRE. This introduces an additional institutional layer into the investment and tariff-recognition process.

The extension to gas and hydrogen operators also broadens the population of companies potentially affected well beyond the electricity sector covered by the initial draft.

The extensive amendments also prolong the legislative path. Even if the Chamber of Deputies adopts the current committee text, the legislative process will not end there because the provisions adopted differently by the two chambers will require a final Senate decision.

The Ministry of Environment adopted the final Applicant Guide for the programme financing electricity storage systems for individual prosumers.

The programme will cover up to 75% of eligible project costs, with public support capped at RON 15,000 including VAT. The photovoltaic installation does not need to have been financed through a previous AFM programme.

Several conditions have changed compared with the consultation draft.

The minimum battery capacity has been reduced from 12 kWh to 10 kWh, while the maximum eligible cost has increased from RON 1,250 to RON 1,500 per installed kWh.

The minimum number of battery cycles has increased from 3,000 to 5,000. Batteries must also include a battery management system monitoring at least temperature, voltage and maximum charging and discharging currents and must allow automatic charging from surplus photovoltaic production.

The final guide removes the proposed exclusion of applicants that already have a storage system installed at the implementation site.

The competitive scoring system has also been revised. Applicants can receive up to 50 points for their own financial contribution and up to 50 points for the proposed storage capacity. The previous criterion awarding points based on the installed capacity of the photovoltaic system has been removed.

Projects must be implemented through AFM-validated installers holding an ANRE type B certificate, or another certificate covering equivalent competences, with at least 12 months of prior validity.

The final guide lowers one of the main technical entry thresholds and increases the eligible cost benchmark, potentially widening the range of storage systems that can qualify for support.

Removing the exclusion applicable to prosumers that already own a battery also expands the potential beneficiary pool.

At the same time, the revised scoring methodology increases the importance of both project size and the beneficiary’s own financial contribution. Applicants seeking higher scores may therefore need to combine larger storage capacities with a higher share of private financing.

For installers and storage suppliers, publication of the final rules provides the technical and commercial parameters needed to prepare eligible offers. The higher minimum cycle requirement and mandatory battery management functions will also influence which storage products can be proposed under the programme.