Energy #29 Legislative focus

On 30 October, the Government adopted two decisions addressing electricity supply security.

Government Decision no. 945/2026 establishes measures for the period from 1 November 2026 to 31 March 2027, covering electricity and natural gas supplies.

The framework establishes a Winter Energy Command Centre and provides for maintaining coal and natural gas reserves, hydropower reservoir levels, generation availability and infrastructure readiness. It also addresses the continued operation of four lignite-fired units at Complexul Energetic Oltenia.

Separately, Government Decision no. 938/2026 extends until 30 November the exceptional electricity market measures introduced during the earlier energy supply crisis. These include potential electricity export restrictions and temporary consumption limitations if required to protect system security.

For electricity generators, network operators, gas suppliers and storage operators, the measures reinforce winter preparedness and coordination obligations.

Large industrial consumers remain exposed to possible consumption restrictions during severe supply disruptions, particularly where emergency measures are activated.

Energy operators and industrial consumers should monitor implementation and assess their exposure to potential operational restrictions during the winter period.

On 30 October, the Ministry of Development published a draft emergency ordinance transposing Directive (EU) 2024/1275 on the energy performance of buildings.

The proposal introduces new requirements for residential and non-residential buildings, including:

• Minimum energy performance standards for non-residential buildings, targeting the worst-performing 16% by 2030 and 26% by 2033.
• Zero-emission requirements for new public buildings from 2028 and all new buildings from 2030.
• Phased obligations for installing solar equipment and electric vehicle charging infrastructure.
• Additional requirements concerning building automation, energy certification and the progressive replacement of fossil-fuel heating systems.

For commercial and industrial property owners, developers and building operators, these measures could affect renovation planning, construction specifications and investment costs.

The requirements would also create additional demand for energy efficiency services, renewable energy installations and building management technologies.

Property owners, developers and relevant industry associations should assess the proposed obligations and consider submitting comments during the public consultation, open until 28 November.

On 27 October, the Ministry of Energy published an updated draft emergency ordinance transposing Directive (EU) 2023/1791 on energy efficiency.

The draft introduces revised obligations for businesses based on their annual energy consumption:

• Companies consuming at least 1,000 tonnes of oil equivalent (toe) annually would be required to implement certified energy management systems.
• Companies consuming between 200 and 1,000 toe would be subject to periodic energy audits.
• Data centres with installed IT power of at least 500 kW would face additional energy performance reporting obligations.

The proposal also addresses public-sector energy savings, building renovations, procurement requirements and energy consumption reporting.

For businesses, the main concern is that the proposed Romanian thresholds are lower than those established by the revised EU directive, potentially extending mandatory energy management and auditing requirements to more companies.

This would particularly affect energy-intensive industries and create additional compliance costs, while increasing demand for energy auditing and management services.

Companies should assess their annual energy consumption against the proposed thresholds and monitor the final legislative provisions, particularly the compliance deadlines and reporting requirements.

On 28 October, ANRE published a draft order amending the Regulation on Balancing Responsible Parties, approved by Order no. 127/2021.

The proposed amendments introduce additional restrictions for market participants recording repeated electricity imbalances.

Under the draft, balancing responsible parties recording imbalances above 5% during four consecutive settlement periods could face restrictions affecting contractual notifications and access to day-ahead and intraday electricity markets.

The draft also incorporates a minimum financial guarantee of RON 1 million into the regulation. This requirement has already been applied in practice by Transelectrica since November 2025, so its inclusion would formalise an existing arrangement.

Additional provisions concern notification accuracy and the transmission of validated scheduling information to distribution operators.

For electricity traders, suppliers and balancing responsible parties, the amendments could increase exposure to trading restrictions and strengthen requirements for managing contractual positions and imbalances.

Affected market participants should review the proposed restrictions and financial guarantee provisions before the public consultation closes on 11 November.