EU energy communities policy tracker

RECs

Open and voluntary membership 

Members in an REC can be:

a) natural persons with full legal capacity, including civil servants,

b) local authorities of first and second degree, enterprises belonging to such local authorities, as long as they are small and medium-sized enterprises (SMEs) , as well as their associations,

c) SMEs,

d) agricultural cooperatives and urban cooperatives of the Law 1667/1986, as long as they are SMEs,

e) public or private non-profit legal entities, as long as they are SMEs.

A member of a REC cannot be a member of another REC that operates in the same region, with some exemptions.

Autonomy 

Regardless of the number of cooperative shares they own, each member participates in the general assembly with only 1 vote.

Eligible actors 

Specifically with regards to who can become a member of a REC, the law allows for: a) natural persons with full legal capacity, including civil servants, notwithstanding any contrary provision, b) local authorities of first and second degree11, enterprises belonging to such local authorities, as long as the conditions of point (c) below are met, as well as their associations, c) small and medium-sized enterprises (SMEs), d) agricultural cooperatives and urban cooperatives of the Law 1667/1986, if the conditions of point(c) are met, e) public or private non-profit legal entities, as long as the conditions of point (c) are met.

Moreover, the law sets as a general rule that the minimum number of members of a REC is thirty (30) members. However, the minimum number of members is allowed to be: a) twenty (20) members, if the REC is based in a municipality of an island region with a population of less than three thousand one hundred (3,100) inhabitants, according to the latest census, b) fifteen (15) members, in case at least fifteen (15) SMEs participate, c) three (3) members, if at least one (1) local authority of first or second degree participates, and the other two (2) members are either enterprises that are one hundred percent (100%) owned by a local authority of first or second degree or a local authority of first or second degree.

Proximity requirements

requirement of proximity: Such proximity is:

a) for natural persons, either the permanent residence or the full or bare ownership or usufruct in a property, which is located in a region where the REC is active or the renewable project is being developed,

b) for legal entities, the registered seat of the legal entity, which is located in a region where the REC operates, or the renewable project is being developed.

50% plus one (1) of the members should be in the proximity of the area where the REC carries out its activities and develops the renewable project. The proximity of the members is checked from the Registry when the REC is being established.
 

Effective control

The law states that a REC should be under the effective control of its members that are in its proximity. It also specifies that each member may own, in addition to the mandatory cooperative share, 1 or more optional cooperative shares, with a maximum participation in the cooperative capital of 20%, with the exception of local authorities of first and second degree and enterprises that are 100% owned by such local authorities, which can each participate in the cooperative capital with a maximum limit of 40%.

Law 5261/2025 (Article 59) took a major step to tackle corporate capture: It stipulates that members of an energy community may not be linked to each other through a natural or legal person who participates, directly or indirectly, in their management or holds a stake, regardless of size, as a shareholder, partner, or member of a legal entity. The control of members is carried out by the General Commercial Registry (G.E.M.I.) during the establishment of energy communities or the modification of their composition, or following notification received from the Regulatory Authority for Waste, Energy and Water Regulatory Authority (RAE) in the event of a relevant complaint. Failure to comply with the above provisions could lead to the nullification of any feed in tariff or other support scheme, as well as prohibition to directly participate in the energy market, by the respective competent authorities. 

Agricultural and civil cooperatives, local authorities, and communities with exclusively self-consumption projects, are exempted from the provisions of this article. 

CECs

Open and voluntary membership

members in a CEC can be:

a) natural persons with full legal capacity, including civil servants,

b) local authorities of first and second degree, enterprises belonging to such local authorities, as well as local authority unions,

c) legal entities of public and private law,

d) agricultural cooperatives and urban cooperatives of the Law 1667/1986.

For private companies, their participation in a CEC should not be their main commercial or professional activity. Also, a member of the CEC cannot be a member of another CEC that operates in the same region, with some exceptions.
 

Autonomy 

Regardless of the number of cooperative shares they own, each member participates in the general assembly with only one vote.
 

Eligible actors
A member of the CEC cannot be a member of another CEC that operates in the same region, with the following exceptions: 

• legal entities under public law, local authorities of first and second degree and companies that are one hundred percent (100%) owned by local authorities of first and second degree, which can participate in more than one CEC as members, 
• agricultural cooperatives that can participate in one or more CECs as members, regardless of whether the same community also includes members who belong to the same agricultural cooperative. It is also clarified that members who participate in energy communities established under law 4513/2018 have the right to participate in a CEC subject to the limitation introduced above on CECs that operate in the same region.

Effective control

Each member may own, in addition to the mandatory cooperative share, one or more optional cooperative shares, with a maximum participation in the cooperative capital of 20%, with the exception of local authorities of first and second degree and enterprises that are 100% owned by such local authorities, each of which can participate in the cooperative capital with a maximum of 40%.

The provisions of Law 5261/2025 (Article 59) apply equally to CECs. 

Copy paste from the Directives for both RECs and CECs: their primary purpose is the provision of environmental, economic, and social benefits at community level for their members or the local areas where they operate, rather than financial profits.

The reference to alleviation of energy poverty and to social economy that was mentioned in the main purpose of the Energy Communities established under the previous legislation is not mentioned in the new law.

Yes, the ICA principles are reflected in the Greek Law, as the legal entity chosen for RECs and CECs is the civil cooperative. There is open and voluntary membership, democratic Member Control, member Economic Participation, Autonomy and Independence and Cooperation among Cooperatives (the Law provides for the possibility to establish Unions and Federations of energy communities). The law also introduces provisions regulating the administrative bodies of a REC, including the general assembly of the members and the board of directors.

The law sets a minimum number of members that a REC would have to be legally established, which is 30 members. This is introduced in an effort to deal with the corporate capture phenomenon. However, the minimum number of members is allowed to be:

1. 20 members, if the REC is based in a municipality of an island region with a population of less than 3,100 inhabitants,
2. 15 members, in case at least fifteen (15) SMEs participate,
3. 3 members, if at least 1 local authority of first or second degree participates, and the other 2 members are either enterprises that are 100% owned by a local authority of first or second degree or a local authority of first or second degree.

In the latter two cases it is possible to set up a REC without citizens participating, which really negates the effort to deal with corporate capture.

Along the same lines, as a general rule the minimum number of members of the CEC is 30 members. However, the minimum number of members is defined as:

1. 20 members, if it is a CEC based in a municipality of an island region with a population of less than 3,100 inhabitants,
2. 15 members, if at least 15 legal entities of public or private law participate in the CEC,
3. 3 members, if 1 is a local authority of first or second degree with the other 2 members being either enterprises that are 100% owned by local authorities of first or second degree or another local authority of first or second degree.

In the latter two cases it is possible to set up a CEC without citizens participating, which really negates the effort to deal with corporate capture.

3 – RECs, CECs and energy communities established under the Law 4513/2018.

RECs, CECs and the energy communities of the Law 4513/2018 have several similarities, therefore it is challenging for citizens to understand the differences between them and choose which legal entity to establish, which creates confusion. In addition, significant uncertainties still exist on how these definitions interact with each other.

The parallel existence of 3 definitions has created significant uncertainty, freezing of projects, and unnecessary bureaucracy for citizens. 

The new Law establishes a National Register for RECs and CEC, where they should notify the appropriate information, including their creation, activities and dissolution. The competent authority for its observance and the registration of the statutes and details of RECs and CECs is the General Commercial Register (GEMI). So there is a registry for RECs and CECs. 

Law 5261/2025 (Article 59) stipulates that GEMI will now also oversee the composition of members, to ensure effective control. The legal services of GEMI are not yet familiar with Law 5037/23, and more generally with energy communities as businesses/cooperatives. Energy communities often have to explain to them how to handle legal issues such as the verification of proximity, changes in cooperative capital, and tax issues.

To tackle corporate capture Law 5261/2025 stipulates that legal entities participating as members in an energy community cannot not be linked to one another through a natural or legal person who participates, directly or indirectly, in their management or holds a stake, regardless of its size, as a shareholder, partner, or member of a legal entity.

The Regulatory Authority for Energy (RAE) might screen project applications by energy communities, referring them to GEMI, if it suspects that their membership composition does not comply with the above. 

Based on Article 6Ζ of Law 3468/2006 RECs and CECs can now register through a simplified registration portal (One Stop Shop) of the General Business Registry (GEMI). GEMI also provides template statutes for RECs and CECs. 

The statute, signed digitally by all founding members of the energy community, is then sent to the Tax Authority through the One Stop Shop, for the community to obtain a unique tax number. The tax number, together with the statute, have to be sent to a bank, in order to obtain a bank account, for members to deposit the initial cooperative capital, to then officially constitute the community.

These two processes still remain separate and fragmented, and at times not fully digitalised, (e.g., depending on the bank) leading to significant time delays for citizens wishing to create communities. There are also no legal timelines for competent authorities to reply to the requests. 

Electra Energy has put together a Community Energy Hub, providing all relevant information on how to set up, as well as operate, an energy community in Greece.