Legal developments in electricity permitting

The energy sector in Romania is on the brink of a transformative shift, thanks to the recently introduced Order no. 6/2025 (ʺOrder 6/2025ʺ). This regulation replaces Order 12/2015 and aims to adapt Romanian legislation to emerging trends, promote renewable energy investments, and simplify bureaucratic procedures, particularly in the promising offshore energy market.

Order 6/2025 addresses the urgent need to align Romania’s energy regulations with European Green Deal commitments and attract investors in renewable energy. As the offshore energy sector gains momentum, especially in the Black Sea, Romania needed to establish a clear and attractive regulatory framework to facilitate investments.

1.      Power threshold for granting establishment permits

Establishment permits remain mandatory for energy production units with a grid output over 1 MW. For smaller capacities (less than or equal to 1 MW), a dual notification process has been introduced: one at the start of construction and another after commissioning.

Once the permit is granted, operators can test and operate outside the formal testing program with prior approval from the grid operator and Transelectrica S.A. and assume responsibility for balancing during this entire period.

The minimum validity of the permit remains 12 months.

2.      Offshore Wind Energy Licensing

A significant change has been made to the regulation of offshore wind energy projects. The Romanian Energy Regulatory Authority (ʺANREʺ) will issue permits for offshore wind plants, and the construction of these facilities will not affect existing offshore petroleum operations. Applicants must submit a final exploration report to demonstrate completion of the exploration before obtaining the permit. Subsequently, a license is granted by ANRE for the exploitation phase of the project.

The legislation also states the following:

• The establishment permit is valid for the total duration of the investment project, but not longer than the validity of the development approval.
• In the case of power plants for which, according to the technical regulations issued by ANRE, it is necessary to obtain a technical compliance certificate, the license for exploitation is granted based on and for the validity term of the technical compliance certificate with temporary validity, with the possibility of extension, if the applicant submits to ANRE, during the validity period of the license, the connection certificate issued by the grid operator. Otherwise, the license is granted based on and for the duration of the connection certificate issued by the grid operator corresponding to the development stage(s) set out in the technical connection notice.

Order 6/2025 regulates the entire file which must be provided to ANRE to obtain the permit, which is issued within 30 days from the date on which the documentation submitted by the applicant is complete (the date will be established including by reference to the clarifications provided to ANRE).

3.      Permitting

Order 6/2025 allows energy producers to distribute electricity without a separate permit if they supply directly to customers from their own grid. Additionally, it introduces flexibility to extend permits/ licenses, as applicants can request an extension at least 30 days before the expiry date.

The legislation also sets out details of companies which cannot be authorized by ANRE:

(a) Companies which are undergoing bankruptcy proceedings (hence clarifying the terms of the previous regulation);

(b) Companies that have as controlling shareholders or as administrators’ individuals/entities which previously had the status of controlling shareholder or administrator in licensed companies that have not paid their obligations resulting from transactions carried out on the electricity market and/or resulting from the application of administrative penalties in relation to their turnover;

(c) Companies which have been sanctioned in a period of 5 years prior to the date of registration of the application by withdrawal of an authorization/license held on the electricity market.

(d) Foreign individuals from outside the European Union.

4.      Application for permit / license

Clarifications have been made about the required documentation for applications, which can be submitted online on a portal to be provided by ANRE for this purpose, by e-mail or in paper form at ANRE’s registry. The applicant must provide a certificate of ascertainment issued within the previous 30 days, financial statements including the last closed monthly trial balance and declarations of consent for personal data processing, along with the other documents already specified.

A number of additions and amendments have also been made in relation to the specific documents to be submitted for each type of license (for example, in the case of the supply license or trader license, the applicant must now attach documents showing that it holds a reserve of the equivalent of at least EUR 200,000. (Under the previous regulation, the requirement was to have reserves of 25% of turnover or at least EUR 100,000).

5.      Provisional permit/ license

The provisional permit/ license is now clearly defined, applying to both transfer via sale-purchase agreements or similar types of agreement and bankruptcy cases.

It remains valid for up to 6 months, with the holder required to apply for a permanent permit/ license 30 days before expiration.

The Order regulates in detail the documents that must be contained in the application file, both to obtain a provisional permit/ license and to obtain a final permit/ license following the holding of a provisional one.

6.      Other important amendments

In several cases the deadlines for submitting applications have been reduced, for example:

• The time limit for granting a provisional license has been reduced from 60 days to 30 days before the transfer takes place,
• The deadline for applying for an extension of the validity period of a permit/ license has been reduced from 60 days to 30 days before the expiry date.

Order 6/2025 expressly provides for the possibility for ANRE to withdraw a license without prior notice or prior notification if the licensee fails to pay the amounts due to ANRE (annual contribution) or cannot be contacted for payment within one year from the date on the invoice.

Order 6/2025 is an important step in the modernization of the legislative framework for the Romanian energy sector. Its main aim is adaptation to new trends in the industry, in particular the development of renewable and offshore capacities. These changes are designed to attract investment and support decarbonization goals, though their effectiveness in driving Romania’s renewable energy potential remains to be seen.

The Energy team at KPMG Legal – Toncescu si Asociatii SPRL is led by Alexandru Mocanescu, who brings a wealth of expertise and strategic insight to the practice. Alongside him, Razvan Cretu and Andreea Merdariu contribute their extensive knowledge and innovative approaches, offering high quality legal support to our clients in the ever-evolving energy sector. Together, they form a formidable team dedicated to navigating the complexities of energy law with precision and excellence