As of 26 March 2025, the new Regulation on granting licenses and permits in the electricity sector, issued by the National Energy Regulatory Authority (ANRE) under Order No. 6/2025 (the" Regulation"), has entered into force. By adopting the new framework, ANRE officially repeals Order No. 12/2015, which had governed the licensing procedures for a decade. This new Regulation marks a significant step in modernizing the legal framework applicable to operators active in Romania's electricity production, distribution and supply.
Key Highlights of the Regulation:
▸ New Categories of Licenses
New categories of licenses are introduced, such as the license for aggregation activity and the license for the commercial operation of energy storage facilities (which are not added to already licensed production capacities).
▸ Licenses covering multiple activities
Following the introduction of new license categories, the framework of activities that a single license may cover is also modified. For example, the cogeneration license includes both the activity of electricity production and the activity of combined heat and power (CHP) production; the production license consists of both production and storage activities; the supply license also includes the trading activity.
▸ Activities Exempt from Licensing/Permitting
The Regulation introduces a series of welcome clarifications regarding activities exempt from the licensing/permitting procedure. Thus, permitting is not required, among others, for production and/or storage capacities if the power injected into the grid is equal to or less than 1 MW. For capacities with a maximum injected power into the grid of 1 MW or less but with an installed capacity equal to or greater than 1 MW, notification to the competent authority concerning the project is mandatory.
Licensing is not required for the following activities:
(i) self-consumption of electricity without injection into the public grid;
(ii) production or cogeneration capacities connected to the electricity grid and/or storage installations, with a total power of less than 1 MW;
(iii) distribution carried out by operators managing closed distribution systems, for which ANRE has issued a confirmation decision;
(iv) distribution within industrial parks or free zones established under applicable legal provisions, regardless of power. The same exemption applies to operators owning distribution networks that supply consumption points with a total approved electrical capacity of less than 3 MW;
(v) sale of electricity to final customers supplied directly from the electrical installations of the production unit or from electrical networks operated by the trader or located in proximity to those networks, in accordance with specific ANRE-approved regulations.
Additionally, obtaining a Romanian license is not required for operators holding a valid license or equivalent document issued by the competent authority of another EU Member State, provided they comply with the applicable Romanian technical and commercial regulations for that activity.
▸ Staged Permitting and Parallel Permitting
The Regulation introduces staged permitting procedures for the progressive development of large-scale projects, allowing for phased commissioning in accordance with the documentation submitted by the applicant.
In addition, parallel permitting has been introduced for capacities with a maximum injected power greater than 1 MW, which includes facilities for the production, storage, and use of biogas/biomethane. In such cases, ANRE issues both an establishment permit for the energy capacity and an establishment permit for the biogas/biomethane production facility, with both the electricity and natural gas regulations being applicable.
▸ Restrictions regarding Multiples Licenses
Compared to the previous regulation, new restrictions have been introduced for holding multiple licenses, such as the prohibition on holding both a supply license and a trading license since the supply license now covers trading; the ban on having both a production and/or storage license and a trading license, as the latter activity is considered to be covered by the former licenses. In addition, the restrictions from the previous regulation remain in force, namely: it is not permitted to hold two licenses of the same type; the transmission activity is incompatible with any other activities; concession-based distribution is exclusive.
▸ Provisional License
To ensure uninterrupted activity during ownership or usage rights transfer of licensed assets, the Regulation introduces the provisional establishment permit/license, valid for up to 6 months from issuance. The holder must apply for the definitive permit/license at least 30 days before the provisional one expires.
▸ Offshore Wind Power Plants Permits
Special rules are introduced for permitting offshore wind power plants, considering their technical and administrative particularities. The legal framework includes specific documentary, technical, and coordination requirements with competent authorities (e.g., environmental protection).
▸ Suspension and Revocation of Licenses and Permits
Compared to the previous regulation, the new Regulation introduces a more rigorous, predictable, and transparent procedure for suspension and revocation of licenses and permits. This offers greater procedural clarity and compliance opportunities for licensed operators.
