New Regulation on the Authorisation and Grid Connection of Energy Production Capacity

I. Main points of interest under ANRE Order no. 15/2026

• Obligation to obtain the establishment authorisation

Users entering into grid connection agreements for production sites or combined consumption and production sites with a capacity exceeding 1 MW are required to obtain the establishment authorisation before concluding the execution agreement for the connection installation, but no later than 12 months from the date of the grid connection agreement and 18 months from the date of issue of the grid connection permit (“ATR”). These deadlines may be extended if users submit supporting documents evidencing non-attributable reasons that caused the delay.

Failure to obtain the authorisation within the applicable deadlines results in the automatic termination of the ATR and the grid connection agreement. Furthermore, even if the establishment authorisation has been obtained, the grid connection agreement terminates by operation of law six months after the subsequent expiry of the authorisation, if ANRE has not issued a new authorisation within that period.

Users with grid connection agreements currently in force are required to obtain the establishment authorisation by no later than 25 May 2027. Failing such will cause the agreement and the ATR to terminate by operation of law.

• Increase in the connection financial guarantee

The Connection Regulation now introduces two categories of financial guarantee, each with a distinct amount:

a) 5% of the connection tariff exclusive of VAT, for new consumption sites or capacity increases resulting in a total approved consumption capacity exceeding 1 MW;

b) 20% of the connection tariff exclusive of VAT, for production sites or combined consumption and production sites with a capacity exceeding 1 MW.

The calculation basis is the connection tariff exclusive of VAT. Network operators who previously calculated guarantees inclusive of VAT are required to refund the difference upon users’ request, including in respect of guarantees already constituted. Enforced guarantees become funding sources allocated exclusively to reinforcement and development works on public networks.

• New cases for enforcement of the connection financial guarantee

In addition to the cases already provided for in the Connection Regulation, the connection financial guarantee shall now also be enforced in the following situations:

a) Failure to obtain the establishment authorisation within the applicable deadlines;

b) Upon the expiry of six months from the date on which the establishment authorisation ceases to be valid, if ANRE has not issued a new authorisation within that period.

• Guarantee for participation in the grid capacity allocation procedure

ANRE Order no. 15/2026 also amends the Methodology on the allocation of grid capacity for the connection of production sites, approved by ANRE Order no. 53/2024, by introducing a mandatory guarantee for participation in the capacity allocation procedure.

The amount of the guarantee is determined as follows:

a) For 2026: EUR 20,000/MW of requested capacity;

b) From 2027 onwards: the lower of EUR 20,000/MW and the weighted average of contractual prices resulting from tenders held in the preceding year.

Proof of the guarantee must be submitted upon registration of the allocation request. The guarantee is returned within two business days of closing of the tenders for unsuccessful bidders, or from receipt of the signed allocation agreement for successful bidders. Failure to submit the signed allocation agreements on time results in the enforcement of the guarantee and the loss of the allocated capacity.

Applicants with allocation requests registered before 25 May 2026 are required to constitute the guarantee by no later than 14 July 2026. Network operators are required to notify these applicants within ten days of the entry into force of ANRE Order no. 15/2026 and to publish relevant information on their websites.

Pursuant to the transitional provisions set out in Article V of ANRE Order no. 15/2026, the revised guarantee amount does not apply to ATR applications in respect of which the network operator had communicated the financial guarantee amount to the user prior to the entry into force of the Order.

II. Main points of interest under ANRE Order no. 16/2026

• Mandatory financial guarantee for the establishment authorisation 

ANRE Order No. 16/2026 introduces a mandatory financial guarantee that must be set up at the time of filing the application for the establishment authorisation. The guarantee amounts to EUR 30/kW, calculated by reference to the installed electrical capacity as indicated in the ATR, per production technology, and must remain valid until the issue of the final acceptance certificate for construction works. The obligation applies to all applications submitted after 25 May 2026, including extension requests for authorisations issued prior to that date. In addition, holders of authorisations issued subject to the condition of submitting financing documents are subject to the new provisions regardless of the date of issue of their authorisation.

The guarantee must be irrevocable, unconditional and enforceable on ANRE’s first demand, and may be constituted in one of the following forms:

a) A bank guarantee letter, payable in full on ANRE’s first demand, without the possibility of objection or deferral;

b) A guarantee instrument issued by a non-bank financial institution or an insurance company registered in the EU/EEA and authorised to operate in Romania;

c) A bank transfer into a State Treasury account designated by ANRE, over which ANRE holds a direct right of retention.

The guarantee is enforced if the holder fails to complete the project within the period of validity of the authorisation, or abandons its implementation. Return or release of the guarantee occurs within 30 days of a written request accompanied by the final acceptance certificate for the construction works.

The following are exempt from the obligation to constitute the guarantee: (i) applicants who demonstrate that a performance bond has been constituted under a contract for difference (CfD); and (ii) applicants for establishment authorisations relating to the retrofitting of generation capacity without an increase in installed capacity as per the ATR.

• Amendment of extension deadlines for the authorisation/licence and new grounds for withdrawal

The new regulation also amends the conditions governing the extension of the validity of the establishment authorisation. Extension requests must be submitted at least 60 days before expiry. If this deadline is not observed, the request will be treated as an application for a new authorisation.

ANRE Order no. 16/2026 also introduces a new ground for the withdrawal of the establishment authorisation, consisting in failure to submit to ANRE the documents evidencing the financing of construction works within the deadline set by the authorisation. In the event of withdrawal, the new regulation introduces a simplified re-authorisation procedure. These provisions apply to holders of authorisations issued subject to this condition, regardless of the date of issue.

• Procedural changes regarding the review of documentation

ANRE Order no. 16/2026 clarifies and extends the processing deadlines for authorisation documentation. If ANRE determines that the documentation is complete prior to the expiry of the applicable deadline, the file shall not be closed, and the establishment authorisation shall be issued within a maximum of 60 days from the date on which the documentation is complete and compliant. Documentation is closed either 6 months from registration for licences, or upon expiry of the deadline set by ANRE regulations for establishment authorisations.