New rules for the authorisation of projects in the electricity sector

Order no. 16/2026 of the President of the National Energy Regulatory Authority (ANRE), issued on 21 May 2026, was published in the Official Gazette of Romania, Part I, no. 439, on 25 May 2026, thereby amending and supplementing the Regulation for the granting of licences and authorisations in the electricity sector, as approved by Order of the ANRE President no. 6/2025.

The main changes are as follows:

• Introduction of a financial guarantee. Upon submission of an application for the granting of an authorisation, the applicant must establish a financial guarantee amounting to EUR 30/kW, calculated based on the installed electrical capacity of the energy facility according to the data provided in the grid connection technical approval, for each electricity generation technology, with this guarantee being valid until issuance of the acceptance report upon completion of the construction works for the plant.
• Definition of the accepted forms of financial guarantee. A financial guarantee may be provided in the form of a bank guarantee letter or a guarantee instrument issued by authorised credit institutions, non-banking financial institutions or insurance companies within the European Union or the European Economic Area, as well as by transfer into an account indicated by the ANRE of the guarantee amount, which is irrevocable, unconditional and payable on first demand.
• Express regulation of cases in which the guarantee is enforced. The financial guarantee shall be enforced at the request of the ANRE where the authorisation holder fails to complete the project and does not conclude the acceptance report upon completion of the works within the validity period of the establishment authorisation or if it abandons the project or no longer intends to take steps for its implementation, with the amounts thus obtained being transferred to the state budget.
• Subsequent submission of documents ensuring the financing of the works. Where the applicant submits documents prepared during the pre-contractual stage regarding the financing of energy capacities, it is required to submit to the ANRE documents demonstrating the financing of the works within a set time frame and no longer than 6 months from the granting of the authorisation.
• Introduction of stricter deadlines for the extension of authorisations and licences. A request for extension must be submitted at least 60 days before expiry, otherwise it will be treated as an application for a new authorisation or licence.
• Additional documentation requirements when applying for authorisations. Additional requirements are introduced in terms of the documentation to be submitted with a view to the granting and extension of authorisations, including proof of establishment of the financial guarantee and detailed information regarding the stage and implementation of the project.
• Extension of applicability and provision of limited exceptions. The new rules also apply to existing authorisations when these are extended, with exceptions applying to, for example, projects benefiting from performance guarantees under contracts for difference and technological upgrades without an increase in installed capacity.

As a result of these amendments, the authorisation framework has become stricter, with additional instruments being introduced aimed at ensuring the alignment of authorised projects with their actual implementation and financing capacity.

In practice, these requirements may lead to increased levels of scrutiny in the assessment of projects right from the first stage (including with regard to technical documentation and grid connection conditions), a more careful selection of project portfolios and a recalibration of the value of projects during the early stages. At the same time, the new framework supports the development of projects backed by a solid financing structure and a realistic implementation schedule, reducing the risk of grid capacity being blocked by projects that do not reach the execution phase. 

Source: Order of the ANRE President no. 16/2026 amending and supplementing the Regulation for granting licences and authorisations in the electricity sector – Official Gazette of Romania, Part I, no. 439, of 25 May 2026.