Romania: Romanian Renewable Energy Laws

Last Updated: 6 October 2017
Article by Buzescu Ca

Updated September 2015

The main Romanian renewable energy laws and regulations in the sector of wind and photovoltaic power are:

  • Law no. 50 of 1991 Regarding the Authorization of Execution of Construction Works (the "Construction Law")
  • Emergency Government Ordinance no. 54 of 2006 Regarding the Legal Regime of the Concession Agreements of Public Assets ("EGO no. 54")
  • Electricity and Natural Gas Law no. 123 of 2012 ("Electricity and Natural Gas Law")
  • Law no. 220 of 2008 Regarding the Establishing of the Promotion System of the Production of Energy from Renewable Energy Sources, as further amended ("Law no. 220")
  • Regulation on the Issuance of the Licenses and Authorisations in the Electricity Sector approved by Order no. 12 of 2015 issued by the Romanian Energy Regulatory Authority ("License Regulation")
  • RERA Order no. 59 of 2013 for the Approval of the Regulation Regarding the Connection of Users to Electricity Grids of Local Interest
  • Government Decision no. 1232 of 2011 Regarding the Approval of the Regulation for the Issuance and Follow-Up of the Guarantee of the Origin of Electricity Produced from Renewable Energy Sources
  • Order no. 4 of 2015 for the Approval of the Regulation for the Issuance of the Green Certificates ("Order no. 4")
  • Order no. 60 of 2015 Regarding the Approval of the Regulation Regarding the Organization and Operation of the Green Certificates Market ("Order no. 60")
  • Order no. 48 of 2014 Regarding the Approval of the Regulation of Accreditation of the Electricity Producers from Renewable Energy Sources for the Application of the Promotion System by Green Certificates


Concession/Lease/Acquisition of the Land

The land on which a wind or photovoltaic farm can be developed can be procured by concluding agreements for concession, joint-venture agreements, or sale and purchase agreements with local authorities, i.e. Local Councils, or County Councils, or with private entities, i.e. individuals or legal persons.

The land owned by a local authority, e.g. commune, city, or county authorities, may be part of the public domain, or part of the private domain of the said authority.

A. Land of public domain

In the case of the land of public domain, the local authority is entitled to decide whether it will award a concession, or will conclude a lease contract based on the provisions of the EGO no. 54.

The land which is part to the public domain cannot be sold.

1. Concession Agreement

The Concession Agreement of Public Assets ("Concession Agreement") is the contract concluded in written form whereby a public authority, referred to as provider of the concession, acting on its own risk and responsibility, assigns for a determined period of time, to a person, hereinafter referred to as a concessionaire, the right and obligation of exploitation of a public asset in exchange for a royalty.

The Concession Agreement is concluded according to the Romanian law, for a duration which shall not exceed 49 years, starting from its signing date.

The Concession Agreement can be awarded by:

  1. a tender; or
  2. direct negotiation – a procedure whereby the local authority negotiates the contractual provisions, including the royalty, with one or several parties interested in the procedure for the award of the Concession Agreement.

The bidder has the obligation to prepare the offer according to the provisions of the tender documentation.

The local authority has the obligation to award the Concession Agreement by a tender procedure attended by at least three bidders. If two successive tender rounds are attended by less than three bidders, the local authority has the right to initiate direct negotiations with the interested party or parties.

The Concession Agreement must be approved by a decision of the relevant local authority.

2. Joint-Venture Agreement

There are no express tender requirements regarding the Joint-Venture Agreements. Therefore, the local authority may enter into direct negotiation with the interested party regarding such agreement.

The Joint-Venture Agreement must be approved by a Decision of the relevant local authority.

B. Land of the private domain

The land which is part of the private domain of the local authority can be leased, or sold based on the decision of the respective local authority.

C. Land owned by private entities

Rights over land owned by private entities can be acquired as follows:

  1. by signing a sale-purchase agreement before a Romanian notary;
  2. by concluding a lease contract;
  3. by concluding a joint–venture agreement; or
  4. by concluding any other forms of cooperation.


The number of permits and authorizations necessary to be obtained varies subject to the location of the land where the wind farm or photovoltaic park will be developed.

A. Authorization of the incorporation, i.e. the registration of a special purpose vehicle ("SPV")

The criteria and the documentation necessary in order to obtain the authorization of registration of the SPV are regulated by the License Regulation.

The competent authority in respect of the issuance of the authorizations in the electricity sector is RERA.

The applicant must file a set of documents in respect of the issuance of the authorization of registration of the SPV unit with RERA which reviews the documentation and may request further information, or clarifications.

RERA will issue a decision in respect of granting or the refusal of granting of the authorization within 30 days from the payment of the specific tariff, and submission of the above-mentioned documentation.

The granting or the refusal to grant the authorization may be appealed before RERA within 15 days from notification in respect thereof, and further on before the Court of Appeals of Bucharest – the Administrative Litigation Section within 30 days from the receipt of the decision of RERA, or the publication of the respective decision on RERA's website.

B. License for the commercial operation of electricity capacities

Further to obtaining the authorization of incorporation of the new unit, the SPV must apply with RERA for obtaining the license for the commercial operation of the electricity resources. Such license is obtained by submitting to RERA the documentation mentioned by License Regulation.

Moreover, in order to be licensed as a producer of renewable energy, the applicant must submit to RERA the information regarding the production capacity, as well as the source of energy.

The conditions associated with the license will be provided in the Report issued by RERA regarding the respective license.

RERA will issue a decision in respect of the granting, or refusal to grant the license within 60 days from the payment of the specific tariff and annual contribution, and submission of the specific documentation.

C. Grid Access

This is a process that should be initiated at an early stage of the project by contacting RERA and the transmission company to which the wind farm, or photovoltaic park will be connected.

The capacities of production of electricity from renewable energy sources are connected to the transmission/distribution electricity grid, to the extent in which the safety of the National Energy System is not affected.

According to RERA regulations, in addition to the Construction Authorization, and the License, the wind farm, or the photovoltaic park operator:

  1. must obtain the following permits:

    1. Location Authorization (Aviz de amplasament) from the transmission system operator, i.e. Transelectrica – issued according to the Methodology Regarding the Issuance of Location Authorizations approved by the RERA Order no. 48 of 2008; and
    2. Technical Connection Authorization (Aviz tehnic de racordare)– issued according to the Regulation Regarding the Connection of Users to Electricity Grids of Local Interest, approved by the Government Decision no. 59 of 2013;
  2. must obtain from RERA:

    A Qualification re the Electricity Priority Production;
  3. must register with Transelectrica as a balancing responsible party, or to delegate the balancing responsibility to another balancing responsible party;
  4. must register with Transelectrica in order to obtain green certificates;
  5. must register with OPCOM in order to sell renewable energy on the day-ahead market;
  6. must register with the operator of the green certificates market, i.e. OPCOM, in order to sell green certificates.

D. Construction Authorization

According to the provisions of the Construction Law, the procedure regarding the issuance of a valid Construction Authorization consists of the following steps:

  1. issuance of the Urbanism (zoning) Certificate;
  2. issuance of the opinion of the competent environment protection authority regarding the investments which are not subject to the evaluation procedures regarding the impact on the environment;
  3. notification of maintaining the application for a construction authorization, in case of a project for which the competent environment protection authority requires the evaluation regarding the impact on the environment;
  4. issuance of the permits, authorizations, and of the decision of the competent environment protection authority regarding the investments whose impact on the environment was subject to review;
  5. drafting the technical documentation required for the authorization of the construction works;
  6. filing the application together with the necessary documentation;
  7. issuance of the Construction Authorization.

According to the provisions of the Construction Law, the construction of the wind farm, or the photovoltaic park can proceed only after the issuance of a Construction Authorization, issued by the competent Municipality on the basis of the following documents:a) certificatul de urbanism;

  1. Urbanism Certificate which is issued by the Municipality and covers such issues as zoning, degree of occupancy of the land, height regime, etc, and lists of the permits that must be appended to the application for the issuance of the Construction Authorization, e.g. environment, water, fire, sanitary, etc.;
  2. the certified copy of the proof of title over land and/or construction and, where applicable, the up to date survey plan excerpt and the up to date Property Registry excerpt, unless the law provides otherwise;
  3. related technical documentation;
  4. permits and authorizations, as provided by the Urbanism Certificate, the opinion of the environment protection competent authority and, where applicable, the related administrative decision; and
  5. proof of payment of the fees for the issuance of Urbanism Certificate and of the Construction Authorization.

The Municipality must issue the Construction Authorization within 30 days from the filing of the application and related documentation.

E. Environmental Permits

1. Project stage

The following permits must be obtained at the project drafting stage:

  1. Environmental Permit - in case such permit is expressly requested according to the Urbanism Certificate;
  2. Environmental Approval for the construction of the wind farm, or photovoltaic park.

    The above-mentioned permit and approval are to be issued by the Territorial Environmental Protection Agency following the review of the documentation submitted by the applicant, including the technical specifications.

    Depending on the activity carried out and on the number of installed turbines, and also, in case the area where the wind farm will be located is a protected natural area, the Territorial Environment Agency may request the conduct of a survey regarding the impact of such activity upon the environment.

2. Operational stage

After the issuance of the environmental permit, in order for the wind farm, or photovoltaic park to become operational, the investor must obtain an Environmental Authorization which is issued by the Territorial Environmental Protection Agency.

F. The Registry of the Guarantees of Origin (the "GO Registry")

After obtaining the license for the commercial exploitation of electricity capacities, the producer of renewable energy must register with the GO Registry in order to obtain an account. This is a condition precedent to the obtaining of the Certificates of Guarantees of Origin (the "GO Certificates") necessary for the exploitation of energy resulting from renewable sources.

The GO Certificate is an electronic document which provides an end consumer with the proof that a given electricity quantity was produced from renewable sources.

The electronic application for the issuance of the GO Certificate for the energy generated from renewable energy sources is mandatory. The producer must apply for the issuance of the GO Certificate within 30 days after the end of the period for which the GO Certificate is requested.

The GO Certificate is issued in electronic format for each electricity unit (MWh) of renewable energy produced and delivered in the electricity grid, and contains at least the following information:

  1. the date of issuance, the issuing authority, and the country of origin thereof, as well as a identification number;
  2. the electricity source out of which the electricity was produced and the initial and the final date of the producing thereof;
  3. the identity, location, type and capacity of the installation where the electricity was produced;
  4. if, and the extent to which the installation benefitted of investments support;
  5. if, and the extent to which the electricity company benefitted in any other way of a national support scheme and the type of support scheme;
  6. the date when the installation was put into operation.

Only one guarantee of origin can be issued for each electricity unit.

The GO Certificate is issued within 10 working days from the date of the filing of the complete documentation with the competent authority, and is valid for one (1) year from the date of production of electricity referred to.


According to the provisions of Law no. 220, the Green Certificates are documents which certify the production of a certain quantity of energy from renewable sources.

Green Certificates are issued by the transmission system operator, according to the procedure approved by RERA through Order no. 4. All producers of energy from Renewable Energy Sources ("RES") receive a certain number of green certificates according to the quantity and source (e.g. wind, solar) of electricity they provide.

The RES electricity producers may sell the Green Certificates on the GCM, which is currently regulated by Order no. 60.

The Regulation for the Organization and Operation of the GCM approved by Order no. 60 establishes:

  1. the manner of organization and operation of the GCM;
  2. the parties involved and their responsibilities in the organization and operation of the GCM;
  3. the manner of registration and management of the information regarding the trading of the Green Certificates;
  4. the information necessary for the monitoring of the operation of the GCM.

The GCM is a competitive market, separated from the electricity market, in which Green Certificates related to electricity from renewable electricity sources are traded.

GCM has two components:

  1. the Centralized Green Certificates Market;
  2. the Bilateral Contracts Green Certificates Market.

The following are involved in the trading system of the Green Certificates:

  1. the market participants trading Green Certificates: the electricity producers from electricity renewable sources and the electricity suppliers;
  2. the green certificates operator, as administrator of GCM: OPCOM.

The trading of the Green Certificates is not conditioned by the trading of the electricity related thereof.

During its validity period the Green Certificate may be the object of several successive transactions, and will be registered in the account of the purchaser which will use it in the end, in order to prove the fulfilment of the obligation regarding the acquisition quota of Green Certificates. The above-mentioned quota is determined each year, by March 1, by RERA. It refers to the quota of green certificates which must be acquired during a year by (1) the electricity suppliers in relation to the electricity provided to end consumers, or used by themselves, and (2) by the electricity producers in relation to the electricity produced and delivered directly to end consumers.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.