Through Order no. 6/2025, published in Official Gazette no. 439 of May 25, 2026, a mandatory financial guarantee is introduced for developers of new electricity production capacities and procedural deadlines are clarified.
What does it stipulate?
The main change is the introduction of a mandatory financial guarantee for obtaining the authorization for the establishment of a new energy production capacity. The amount of the guarantee is set at 30 EUR/kW relative to the installed electrical power. The guarantee must be constituted upon submission of the authorization application and remains valid until the final acceptance of the works. This can be in the form of a bank guarantee letter, a guarantee instrument issued by a non-banking financial institution, or by transfer to a Treasury account. ANRE will execute the guarantee if the holder does not complete the project within the validity period of the authorization or if they abandon the project. The guarantee is returned within 30 days from the presentation of the works acceptance report.
The order establishes stricter deadlines and clear consequences for non-compliance. The request for extension of the validity of an establishment authorization or a license must be submitted at least 60 days before the expiration date. Failure to comply with this deadline will result in the application being treated as a request for a new authorization, not a simple extension. Also, the file for the establishment authorization must be submitted within a maximum of 30 days from the conclusion of the connection contract.
Another important provision concerns proof of project financing. Developers who initially submit pre-contractual financing documents are obliged to submit the final documents (loan agreement, proof of own capital, etc.) to ANRE within a term established by the authorization, but no later than 6 months from its granting. Failure to comply with this obligation constitutes a new reason for the withdrawal of the establishment authorization. However, a simplified procedure for resuming the authorization process is introduced for those whose authorization has been withdrawn for this reason, provided that proof of financing is presented from the outset and a reduced fee, similar to that for an extension, is applied.
To whom does it apply?
The measures apply to all economic operators who request the granting, modification, or extension of an establishment authorization for electricity production capacities after the order’s entry into force. Directly targeted are developers of renewable energy projects (wind, solar), developers of gas-fired power plants, as well as holders of existing establishment authorizations who intend to request the extension of their validity.
Applicants who provide proof of constituting a performance guarantee within a contract for difference (CfD) and those who request authorizations for the re-technologization of existing capacities are exempt from the obligation to constitute the financial guarantee, provided that the installed electrical power does not increase. In the case of re-technologization projects that involve an increase in power, the guarantee will be calculated only for the power increase.
What should you do?
- Evaluate the financial impact of the new guarantee (30 EUR/kW) on the project budget and ensure the availability of necessary funds before submitting the authorization application.
- Prepare the documentation for constituting the financial guarantee in advance, whether you opt for a bank guarantee letter, a guarantee instrument, or a transfer to the Treasury account indicated by ANRE.
- Review the project’s internal timeline to ensure you can submit final proof of financing within a maximum of 6 months from obtaining the establishment authorization.
- Check the expiration date of existing establishment authorizations and initiate the extension procedure at least 60 days before the deadline, including preparing the financial guarantee if the project is not completed.
Source: Official Gazette, Part I, no. 439 of May 25, 2026.
Note: This material is strictly for informational purposes and does not constitute legal, tax, or business advice. As the interpretation and application of legal provisions can vary significantly depending on the specific circumstances of each entity, we recommend that you seek specialized legal assistance before making any operational decisions based on these changes.