Romanian Energy Sector Licensing and Permitting
ANRE Licences and Confirmation Decisions
Commercial operations involving the supply, trading and even transmission of electricity and/or natural gas in Romania necessarily require a permit issued by the Romanian Energy Regulatory Authority (“ANRE”). This permit may take the form of either an ANRE confirmation decision or an ANRE licence.
The fast track to gaining access to the Romanian energy market as a non-resident
ANRE Confirmation Decisions
A confirmation decision represents ANRE’s recognition of an already issued EU licence authorising the holder to trade or supply electricity or natural gas in Romania. Its main characteristics are: ◇It may only be issued to companies registered in an EU Member State other than Romania; ◇The issuance of a confirmation decision is conditional upon the applicant already holding a valid licence for the trading or supply of electricity or natural gas, or a similar document issued by a public authority in its country of registration; ◇It may only cover the activity already authorised in the applicant’s country of registration and is strictly limited to trading or supply activities; ◇The issuance requirements are considerably less stringent than those applicable to a standalone licence: the applicant is not required to provide evidence of financial resources or specialised personnel directly employed by it; ◇It is generally issued for an initial validity period of one year; ANRE undertakes to review the application within 30 days and provide feedback to the applicant, and to issue the confirmation decision within no more than 60 days once the application and supporting documentation are deemed complete.
ANRE Licenses
ANRE licences are the instruments through which the Romanian energy regulator grants standalone rights to carry out commercial activities on the Romanian electricity and natural gas markets. They cover a broad range of activities, including trading, meaning participation on the wholesale market, supply, meaning participation on both wholesale and retail markets, as well as the production and storage of electricity or natural gas. In order to qualify for an electricity or natural gas trading licence, the applicant must have: ◇At least three employees with a minimum of three years’ experience in the relevant electricity or natural gas sector; ◇Evidence of financial resources of at least EUR 200,000 at its disposal; ◇Physical premises from which the licensed activity will be conducted or, in the case of a natural gas trading licence, at least a physical point of contact in Romania; ◇Internal regulations clearly setting out the duties and responsibilities of the departments involved in trading activities.
