On 7 November 2025, Government Emergency Ordinance no. 59/2025 ("GEO no. 59/2025") came into force, amending and supplementing the applicable legal framework in the energy sector. GEO no. 59/2025 amends several key legislative acts, namely the Electricity and Natural Gas Law no. 123/2012 ("Law no. 123/2012"), Law no. 220/2008 establishing the system for promoting the production of energy from renewable energy sources ("Law no. 220/2008"), Government Emergency Ordinance no. 80/2018 establishing the conditions for the marketing of liquid and gaseous fuels (“GEO no. 80/2018”), Law No. 237/2023 on the integration of hydrogen from renewable and low-carbon sources in the industry and transport sectors (“Law no. 237/2023”), with a view to transposing Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources ("Directive 2018/2001"), as well as to facilitate investments in renewable energy projects.
Main points of interest provided by GEO no. 59/2025:
► Introducing new definitions relevant to the energy sector:
▸Renewable energy purchase agreement - a bilateral agreement under which an individual or a company purchases renewable energy directly from a producer, including renewable energy purchase agreements and renewable energy purchase agreements for heating and cooling;
▸Renewable fuels - biofuels, bioliquids, biomass fuels, and renewable fuels of non-biological origin;
▸Gases from renewable sources - biogas as defined in point 30, including biogas that has been converted into biomethane, and non-biological renewable fuels as defined in Article 2(1) of Law no. 237/2023 on the integration of renewable and low-carbon hydrogen in the industry and transport sectors.
► Reducing the time frame for issuing permits and establishing an online single contact point
GEO no. 59/2025 introduces clear, relatively short deadlines for issuing permits for renewable energy projects and establishes a single online contact point as a public service providing information, technical advice, and support to developers of renewable energy power plants. According to the new regulation, the competent authorities, under the coordination of the Industrial Licensing Office, must ensure that all authorisation procedures can be carried out electronically.
In addition to reducing deadlines, a tacit permitting procedure for intermediate steps is also introduced. Thus, in the absence of a reply from the competent authorities within the timeframe set by law, the administrative steps for obtaining permits, approvals, and the like, as well as any specific intermediate steps, are considered tacitly approved. The tacit approval procedure does not apply to projects subject to an environmental impact assessment or to final decisions on the outcome of the permitting procedure.
► Promoting renewable energy procurement contracts
Until 31 December 2026, the Ministry of Energy and ANRE are required to identify and remove regulatory and administrative barriers to promote the use of long-term renewable energy purchase agreements. Furthermore, it is expressly stated that these contracts cannot be subject to discriminatory or disproportionate procedures or fees, and that the associated guarantees of origin can be transferred to the buyer.
► Extending the regime on guarantees of origin
GEO no. 59/2025 extends the guarantee of origin regime to energy produced from (i) renewable energy sources and nuclear sources; (ii) gas from renewable sources and hydrogen; and (iii) thermal energy produced from renewable sources.
ANRE is required to develop and approve the necessary regulatory framework by 30 September 2026. Furthermore, ANRE must establish a timetable for the gradual opening of a market for trading guarantees of origin in a uniform standardised system by 1 January 2027.
► Introduction of renewable energy communities
GEO no. 59/2025 creates the legal framework for the establishment and operation of renewable energy communities („REC”), defined as entities that cumulatively meet the following conditions:
▸are based on open and voluntary participation, are autonomous and effectively controlled by their shareholders or members;
▸have a minimum of five members or shareholders who are individuals, SMEs, NGOs, or local public authorities;
▸the consumption sites and production units of the members or shareholders are connected to the distribution operator's network.
The energy produced by the units of REC members or shareholders must be used primarily for their own consumption, and the surplus may be delivered to the public grid and traded on regulated markets. For trading, RECs may hold a supply or aggregation licence, but there are exceptions for REC members who are supplied directly by the production units; for condominiums if all production is intended for self-consumption; and for RECs organised as NGOs.
Government Emergency Ordinance No. 59/2025 mainly regulates the following aspects concerning RECs:
▸it provides the conditions for establishing RECs;
▸establishes the Register of Energy Communities administered by ANRE and sets the conditions for registering RECs in the Register;
▸establishes the rights of RECs and their members (g. access to markets, support schemes, transparent procedures);
▸establishes the rules for the operation of REC (g. prioritisation of internal consumption, fair sharing, flexible licensing options);
▸provides the framework for cooperation with distribution operators and local authorities.
ANRE is required to adopt the secondary legislation necessary for implementing the provisions concerning RECs.
