RENEWABLE ENERGY WITHOUT RED TAPE MEASURES TO SIMPLIFY AND ACCELERATE AUTHORIZATIONS IN ROMANIA (RED III DIRECTIVE)

1. INTRODUCTION

Romania continues to take important steps to update national legislation to meet European renewable energy standards. According to a recent press release from the Ministry of Energy, amendments to Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources (RED II) have been included in a draft amendment to Emergency Ordinance No. 163/2022 ("GEO 163/2022"). To reflect the requirements of Directive (EU) 2023/2413 (RED III), the Ministry has finalized a new draft normative act, which complements and amends existing legislation. This draft has gone through the inter-ministerial consultation stage on February 7, 2025 and is expected to enter the endorsement procedure in the coming period.

The situation at European level:

On February 12, 2025, the European Commission issued additional reasoned opinions to Romania, Belgium, Estonia and Latvia, signaling incomplete transposition of EU renewable energy regulations. In response, the Ministry of Energy confirmed that the obligations related to the RED III Directive will be integrated into national legislation, the draft amendment is underway.

SIMPLIFYING AND STREAMLINING THE AUTHORIZATION PROCESS FOR RENEWABLE ENERGY PROJECTS

In the context of the energy transition and Romania's commitments to the EU's renewable energy targets, the authorization process for energy projects has been one of the main obstacles in the development of this sector. GEO 163/2022 introduced measures to reduce bureaucracy, but did not include clear deadlines for administrative steps. With the changes proposed in 2025, the authorization process becomes more transparent, efficient and predictable for investors and developers.

Permitting procedure

Extending the scope

The new legislation regulates the permitting process for:

Renewable energy power plants - solar, wind, hydro, biomass, biogas, geothermal, wind, hydro, biomass and biogas.
Hybrid plants - projects that combine different renewable energy sources (e.g. wind + solar, biomass + photovoltaic).
Heat pumps and energy storage.
Installations for simultaneous production of electricity and heat - cogeneration based on renewable energy sources.
Assets needed for grid connection and integration into the energy system - transmission and distribution infrastructure, district heating and cooling networks.

The permitting procedure covered by the amendments covers all the steps necessary for the authorization, construction, retrofitting and operation of renewable energy projects.

With these changes, all the key elements of a renewable project are dealt with in a single procedure, eliminating the need for multiple approvals which were slowing down investment.

Digitizing and centralizing procedures

A key aspect of the new rules is the implementation of the electronic Single Point of Contact, which offers the following advantages:

Centralization of the authorization process → the applicant does not have to interact with several institutions, but only with this single point.
The information available online indicates the relevant contact point for the application in question.
Full assistance throughout the entire process → from submitting your application to getting final approval.
Digital submission → all applications can be managed electronically and by November 2025 all procedures will be fully digitized.
Accessibility and transparency → a procedures manual will be published online, providing clear guidance for developers.

Clearly defined deadlines and milestones - Maximum duration of the authorization process

The new law imposes strict deadlines for each stage of the authorization process:

30 days to confirm applications in areas suitable for acceleration.
45 days to confirm applications outside these areas.

The maximum duration of the authorization process is also regulated, and these deadlines can only be extended in exceptional circumstances:

12 months - for projects located in areas suitable for energy acceleration
2 years - for projects located outside areas suitable for renewable energy acceleration
2 years - for offshore renewable energy projects located in areas suitable for renewable energy acceleration.
3 years - for offshore projects located outside areas suitable for renewable energy acceleration

Extensions in exceptional cases

These deadlines may be extended by up to 6 months, only in justified circumstances, such as safety reasons, significant impact on the network or other exceptional circumstances.

Retrofitting and small-scale projects

6 months - for retrofitting projects leading to an increase in the capacity of the renewable power plant by more than 15%, for new installations with an electrical capacity below 150 kW, for energy storage systems and for their connection to the grid.
12 months - for offshore projects.

Extension of deadlines in exceptional cases

For upgrading projects that have a substantial impact on the network or on the initial technical characteristics, the 6-month deadline may be extended by a further 3 months.
For offshore projects, the 12-month deadline can be extended by a further 6 months if objectively justified.

If these deadlines are not respected, the administrative steps are automatically considered approved, which eliminates bureaucratic bottlenecks and provides certainty for developers.

2. SIMPLIFYING ENVIRONMENTAL IMPACT ASSESSMENTS

Previously, environmental and biodiversity impact assessments were among the main reasons for delays in renewable projects. The new legislation introduces:

Simplifying the endorsement process:

Exemption from assessment for projects in areas suitable for accelerating renewable energy if they comply with environmental standards.
Reduce the time for environmental impact assessment to a maximum of 6 months.
Combined assessment → Instead of several separate procedures, all environmental requirements are integrated into a single process, speeding up permitting.

Avoiding bureaucratic bottlenecks: The absence of a response from the competent authorities within the deadline set may be considered as tacit approval (except in cases where the project requires a detailed environmental assessment).

Strict deadlines for the examination procedure by environmental authorities:

45 days - for large renewable energy projects, starting from the submission of the complete information required for the assessment.
30 days - for small installations (below 150 kW) and retrofit projects, if the proposed changes do not have a significant impact on the environment.

3. AREAS FOR ACCELERATING RENEWABLE ENERGY PROJECTS

What are "project acceleration zones"?

Acceleration zones for renewable energy projects are officially designated locations, on land or in the aquatic environment, where the development of renewable energy projects can be carried out quickly, efficiently and with minimal environmental impact.

These areas are established on the basis of technical, economic and environmental criteria, with the aim of increasing installed renewable energy capacity and reaching the national 2030 targets.

➡ Types of suitable areas:

Land areas - areas where solar, wind, biomass or geothermal energy can be optimally developed.
Maritime zones - areas dedicated to offshore wind and other renewable technologies.
Continental waters - lakes and other water surfaces for floating photovoltaic panels or other renewable sources.

How are these areas identified and designated?

National mapping of energy potential

By May 21, 2025, the responsible ministries and authorities will complete a coordinated mapping exercise to identify the areas with the greatest energy potential. This analysis will include:

Availability of renewable resources (sun, wind, biomass, etc.).
The capacity of the existing energy infrastructure and the need to modernize it.

Estimated environmental and biodiversity impacts.

Establishing priority areas by Government Decision

By February 21, 2026, the Government will adopt national plans for the designation of these areas, in which administrative procedures will be simplified and accelerated.

Advantages of development in these areas

✔ Simplified administrative procedures - getting permits is faster.

✔ Optimized environmental impact assessments - compliant projects can be exempted from certain assessments.

✔ Planned and efficient development - land use is strategically managed to avoid land use conflicts.

4. PRIORITIZING UPGRADING AND GRID CONNECTION

To optimize the use of existing infrastructure, legislative changes aim to:

Fast-track procedure for upgrading → If the upgrade does not involve an extension of more than 15%, the authorization is completed in maximum 3 months.
Reducing red tape for installing solar equipment on buildings and artificial infrastructures → Approval time is limited to maximum 3 months.
Simplification of grid connection → Grid operators are obliged to complete the connection of renewable projects within a maximum of 3 months.

5. IMPROVING DISPUTE SETTLEMENT MECHANISMS

To prevent legal deadlocks, legislative changes are needed:
Fast-track mechanisms for resolving authorization disputes.
Prioritizing court cases related to renewable projects.
The option of alternative dispute resolution through administrative mediation.

With these changes, investors benefit from more legal predictability and projects are not blocked by administrative disputes.

6. CONSIDERING RENEWABLE ENERGY AS A PROJECT OF NATIONAL IMPORTANCE

Starting February 21, 2026, all renewable energy projects will be considered of national importance, which means:
Priority procedures in the permitting process.
Easier access to infrastructure and government support.
Rapid evacuation of renewable energy into the national energy system.

This reinforces Romania's commitment to energy transition and national energy security.

7. CONCLUSION: A FASTER AND MORE TRANSPARENT AUTHORIZATION PROCESS

With these changes, Romania takes an important step towards cutting red tape and accelerating investment in renewable energy.

The adopted measures provide:

✔ Clear deadlines for obtaining authorizations ✔ Full digitization of the administrative process ✔ Simplifying grid connection and environmental assessments ✔ Fast-track procedures to modernize infrastructure ✔ Efficient dispute settlement mechanisms

With these reforms, Romania is becoming a more attractive environment for investment and is actively contributing to the EU's green energy goals.

WARNING:

It is important to emphasize that the proposed amendments have not yet been formally adopted - February 2025. Pending publication in the Official Journal, the provisions under consideration remain at the stage of a legislative proposal and do not produce legal effects.

NEXT STEP

Further, we are looking at the new rules on energy purchase contracts and the guarantees of origin regime.

Stay informed! We'll be back with updates as the legislative process moves forward.

SOURSE

Draft emergency ordinance for amending and supplementing the Government Emergency Ordinance no. 163/2022 for completing the legal framework for promoting the use of energy from renewable sources, as well as for amending and supplementing some normative acts. https://energie.gov.ro/proiectul-de-act-normativ-forma-actualizata-a-documentului-postat-in-data-de-18-10-2024-ca-a-urmare-a-preluarii-observatiilor-din-cadrul-procedurii-de-transparenta-decizionala-derulata-de-ministeru/