Overall assessment

Updated December 2022

The Romanian government adopted an Ordinance to transpose CECs into national legislation in 2021. For the most part, this legislation has been a copy-paste of the CEC provisions from the Electricity Directive, with some duties provided to the National Regulator, ANRE, to further articulate regulations. In response to a referral to the Court of Justice of the EU (CJEU) for failure to transpose the Renewable Energy Directive, Romania passed an Emergency Ordinance in November, 2022. For the most part, it takes the same approach as the transposition of CECs. As such, it more or less copy-pastes the text of the Renewable Energy Directive, without providing any further specificity. Again, ANRE is provided with duties to implement some aspects. Overall, therefore, ANRE shoulders much of the responsibility for the implementation of RECs and CECs at national level. Proper resources must be ensured so that ANRE can fulfill all the duties it has been given.

Overall, while an enabling framework is seen as an outcome in national legislation, the details of the enabling framework, and support for RECs, must still emerge through concrete policies and measures.

Detailed assessment

Assessment of obstacles and potential for development of ECs

The Emergency Ordinance provides that ‘the competent ministry’ must coordinates the evaluation of the existing obstacles and the development potential at the national level of RECs.

Removal of unjustified regulatory & administrative barriers

The Emergency Ordinance provides central public administration authorities, local public administration authorities and the regulator, ANRE, with the requirement to ensure a favourable framework for the promotion and facilitation of the development of RECs. The enabling framework must also ensure this outcome. These provisions represent a basis for the government holding itself accountable to ensure an enabling framework for RECs. However, concrete action needs to be evidenced.

DSO duties around cooperation with ECs and facilitation of energy sharing

The requirement for DSOs to cooperate with CECs to facilitate energy sharing has been copy-pasted from the Electricity Directive, while ANRE has been directed to establish regulations to determine the compensation for this cooperation. The Emergency Ordinance also copy-pastes this requirement for RECs. However, no specific duties are specified, and energy sharing is not even defined.

Fair, proportionate, and transparent registration & licensing procedures

ANRE, the Energy Regulator, is referenced with regard to the requirement that CECs be subject to non-discriminatory, proportionate and transparent procedures, including registration and granting of licenses. At this point, however, nothing has been concretely articulated by ANRE as to how this provision will be implemented.

Incentives connected to network tariffs based on a CBA

Language on network charges has been copy-pasted from the Electricity Directive. ANRE is supposed to develop the methodology for this cost-benefit assessment. The Emergency Ordinance also requires this as an outcome.

Non-discriminatory treatment as market participant

This requirement has been copy-pasted from the Electricity Directive, but has not been further elaborated.

Accessibility to low-income & vulnerable households

The Emergency Ordinance requires this as an outcome.

Tools to access finance

The Emergency Ordinance requires this as an outcome.

Tools to access information

The Emergency Ordinance requires this as an outcome. Furthermore, ANRE has been given the duty to organize, with the participation of local public administration authorities, appropriate information, orientation or training programs, in order to inform citizens about how they can exercise their rights as active customers and about the advantages and the practical aspects, including technical and financial aspects of the development and use of energy from renewable sources, including through self-consumption of energy from renewable sources or within renewable energy communities. Information about these programs should be published on the website of ANRE and those of the local public administration authorities.

Regulatory capacity building for public authorities

The Emergency Ordinance requires this as an outcome.

NECP reporting on enabling frameworks

The Emergency Ordinance requires this as an outcome. Member States are required via the Governance Regulation (2018/1999) to report on their enabling frameworks for RECs by 15 March 2023.

Support Scheme adapted for RECs

The Emergency Ordinance requires this as an outcome.