Implementation of the offshore wind energy law in Romania – What has (not) been done so far and what is to be done next

Law no. 121/2024 on offshore wind energy (the “Offshore Law” or the “Law”) was published in the Official Gazette on 8 May 2024 and came into force on 7 June 2024, marking a significant first milestone in the development of the offshore wind energy sector in Romania.

This was reported in a previously published article[1], where we highlighted that the Offshore Law regulates, inter alia, (i) responsibilities of relevant authorities and institutions, (ii) main rules concerning the establishment of concessionable perimeters, (iii) certain conditions for perimeter concessions, (iv) matters relating to the exploration, construction and operation of offshore wind energy power plants (“OWEPP”), (v) requirements for obtaining the necessary authorizations, approvals, permits and licenses, (vi) matters relating to the connection to the electricity transmission grid (“RET”), (vii) matters relating to the OWEPP dismantling, (viii) aspects concerning the security of offshore wind energy exploitation, (ix) general matters relating to applicable royalties and fees, and (x) contraventions and penalties in the sector.

The Offshore Law also outlines the schedule for implementing secondary legislation and other essential measures to establish a comprehensive and functional framework in this field. In this article, we aim to assess the extent to which the relevant authorities have adhered to the implementation schedule, highlighting any delays, challenges, and progress made in the processes for developing Romania’s offshore wind energy sector. For a clear overview, we have included a table at the end of this article summarizing the milestones and deadlines set under the Offshore Law, along with the progress achieved so far.

In a nutshell, while some milestones are still work in progress or there is no available information in relation to their status, there has been important progress concerning some other milestones and this is encouraging, given the overall complexity of the sector. What we should expect next is more strategical documents such as the study determining the list of concessionable offshore wind perimeters and the approval thereof by the Government, which will allow interested players to further progress in considering the opportunity.  

(b)          Measures that had to be completed within 3 months/90 days from the entry into force of the Offshore Law, i.e. by 7 September 2024

·         Carrying out a specialized study to prepare the concession process and the activities for exploration, construction and operation of OWEPPs

According to the Offshore Law, the Ministry of Energy had to initiate the procedures for the preparation of a specialized study (and approve its main terms) in order to prepare the concession process, exploration activities, and OWEPPs’ construction and operation (the “Specialized Study”).

As part of the Specialized Study, the following elements were, among other things, to be developed: (i) proposals for offshore wind perimeters that may be concessioned for the exploration, construction and operation of OWEPPs, as well as proposals for the potential route(s) for the disposal of electricity produced by OWEPPs; (ii) proposals for the establishment of royalties and fees to be paid by concessionaires; (iii) proposals for regulations on the concession of offshore wind perimeters, both with and without  a support scheme; (iv) proposals for regulations on the procedure for the issuance of the exploration permit (Romanian: “permis de explorare”) and its template; (v) proposals for regulations on the procedure for the issuance of the development approval (Romanian: “aprobare de dezvoltare”); (vi) proposals for procedures, guidelines or instructions on the exploration of offshore wind perimeters and the construction and operation of OWEPPs, etc.

The status of this milestone which has a strategical nature remains uncertain, as we have not identified any publicly available information on the progress made so far regarding the Specialized Study. The lack of transparency in this regard hinders a full understanding of the implementation process, especially since the Specialized Study will serve as the basis for the Government’s approval of the list of concessionable offshore wind perimeters.

·         Setting up working groups

According to the Offshore Law, several competent authorities were required to set up several working groups in order to (i) develop and promote a plan on the utilization of the Romanian ports infrastructure for the manufacturing and construction of equipment necessary for the OWEPPs’ construction, for national and regional use; (ii) identify the necessary solutions for the development of local supply chains for the OWEPPs’ construction in line with international best practices; (iii) implement training programs for the development and upskilling of the local workforce to ensure availability of qualified personnel needed for the supply chain and the OWEPPs’ construction; (iv) identify technical solutions for establishing simplification measures at the level of central and local public administration. as well as public institutions; and (v) identify the necessary measures for establishing a center for advanced studies and research in the offshore wind energy field.

The status of this milestone also remains uncertain, absent any publicly available information regarding the establishment of the working groups in question. Furthermore, as we will show below, the activity of these groups was expected to result in the adoption of action plans for the relevant sectors by 31 December 2024.

·         Amendment of the Regulation on the organization and functioning of Competent Regulatory Authority for Offshore Petroleum Operations in the Black Sea

According to the Offshore Law, in order to fulfil its responsibilities in the offshore wind energy sector, the Competent Regulatory Authority for Offshore Petroleum Operations in the Black Sea (“ACROPO”) will be renamed as “Competent Regulatory Authority for Offshore Operations in the Black Sea”. Its responsibilities include (i) issuing approvals for the development and decommissioning of OWEPPs, (ii) monitoring and enforcing compliance by concessionaires with the offshore wind energy rules and guidelines, (iii) issuing mandatory rules and instructions on operational safety for the exploration, construction and operation of OWEPPs, etc.

In this respect, the ACROPO’s responsibilities and competencies established under Government Decision No. 688/2017 approving the Regulation on the Organization and Functioning of the Competent Regulatory Authority for Offshore Petroleum Operations in the Black Sea (“ACROPO Regulation”) requires amendments.

On 4 April 2025, the draft Government Decision on amending and supplementing the ACROPO Regulation (the “Draft Amendment of the ACROPO Regulation”) was published on ACROPO’s website[2]. In addition to renaming it into the “Competent Regulatory Authority for Offshore Operations in the Black Sea” (“ACROO”), the draft expands the powers of the authority to include the regulation of offshore wind energy, defining the responsibilities of the ACROO president and vice presidents in this field, and revising the organizational structure of the authority.

·         Amendment of the organizational structure of the Ministry of Energy

According to the Offshore Law, the Ministry of Energy has certain responsibilities in the offshore wind energy sector, including to (i) establish offshore perimeters, (ii) sign concession contracts, (iii) issue exploration permits for concessioned offshore wind parameters, (iv) issue mandatory orders and instructions for the implementation of the Offshore Law, etc.

On 28 February 2025, the Ministry of Energy published for public consultation the Draft government decision to amend and supplement Government Decision No. 316/2021 on the organization and functioning of the Ministry of Energy[3] (“Draft Amendment of GD 316/2021”) aimed at providing further details regarding the above responsibilities. According to this draft, the Ministry of Energy will act as the competent authority for defining and granting concessions for offshore wind perimeters, carry out the specific responsibilities outlined in the Offshore Law, and collaborate with ACROPO (future ACROO) to fulfil the obligations established by the Law.

(c)           Measures that had to be completed by 31 December 2024

·         Adoption by ANRE of the regulations on granting the set-up permits for OWEPPs

According to the Offshore Law, in order to build OWEPPs, developers must obtain, among others, the set-up permit (Romanian: “autorizație de înființare”) to be issued by the National Energy Regulatory Authority (“ANRE”) as per Electricity and Natural Gas Law No 123/2012 and ANRE’s specific regulations. Following the issuance of the set-up permit, construction works will proceed based on the development approval granted by ACROO. The set-up permit and development approval grant the concessionaires the right to build OWEPPs within the defined concession perimeter and to carry out connection works to the RET at the point(s) agreed with the transmission system operator (“TSO” or “Transelectrica”).

In this regard, ANRE was required to issue regulations on granting of set-up permits for OWEPPs by 31 December 2024. Although it did not meet this deadline, on 26 March 2025, ANRE issued Order No. 6/2025 approving the Regulation for the issuance of licenses and authorizations in the electricity sector (“ANRE Regulation 6/2025”), replacing ANRE Order No. 12/2015 approving the Regulation for the issuance of licenses and authorizations in the electricity sector.

ANRE Regulation 6/2025 includes, among others, provisions on OWEPPs’ authorization. Specifically, ANRE will issue set-up permits to the holders of exploration permits who have signed concession contracts with the Ministry of Energy for the exploration of offshore wind perimeters, and exploitation of these perimeters through the construction and operation of OWEPPs. To obtain the set-up permit, applicants will be required to submit a series of documents, including: (i) the exploration permit issued by the Ministry of Energy, (ii) the concession contract signed with the Ministry of Energy, (iii) the final exploration report confirming the completion of the offshore wind perimeter exploration, (iv) the administrative act issued by the environmental protection authority, and, notably, (v) the technical connection endorsement (Romanian: “aviz tehnic de racordare – ATR”) issued by the TSO.

The set-up permit will be valid for the entire investment project duration declared by the applicant but may not exceed the validity period of the development approval. The construction of OWEPPs must take place strictly within the designated concessioned offshore wind perimeter and must not interfere with offshore petroleum operations or the rights granted to holders of offshore prospecting permits and offshore petroleum agreements.

·         Adoption by the ANRE of specific templates of technical connection endorsement, connection agreement and connection certificate for OWEPPs, and the appropriate amendment of the necessary regulations  

According to the Offshore Law, ANRE was required to issue specific templates of technical connection endorsement, connection agreement (Romanian: “contract de racordare”) and connection certificate (Romanian: “certificat de racordare”) for OWEPPs, as well as to appropriately amend the necessary regulations. In this regard, ANRE adopted Order No. 92/2024 for the approval of the Regulation on the connection of offshore wind energy power plants to the transmission grid, published in the Official Gazette on 20 December 2024 (the “OWEPP Connection Regulation”).

The OWEPP Connection Regulation was designed as a specific regulation exclusively dedicated to the connection of OWEPPs to the RET[4]. However, its provisions generally follow the current rules for onshore grid connection, with certain adjustments to align it with the specific provisions regarding the OWEPPs included in the Offshore Law (e.g., harmonizing rules and documents related to the authorization of construction works, user installation (Romanian: “instalație de utilizare” and connection installation (Romanian: “instalație de racordare”).

The OWEPP Connection Regulation applies to the relationship between the TSO and the offshore users requesting connection to the RET for a new OWEPP and, where applicable, high-voltage direct current systems, conversion, transformation, and connection stations, electrical lines, and electricity storage facilities. The regulation establishes the stages, rules, documents, and deadlines applicable to the connection of OWEPPs to RET. Additionally, it includes annexes with standard models for the technical connection endorsement, connection agreement, and connection certificate, all containing specific provisions for OWEPPs. We will further refer to only a few aspects of the OWEPP Connection Regulation, specifically to the connection solution and connection works.

It is important to note that the TSO and the OWEPPs’ developers[5] must comply with the Methodology for allocating electricity grid capacity for the connection of electricity generation sites, approved under ANRE Order No. 53/2024 (“Capacity Allocation Methodology”). Accordingly, connection applications must be accompanied, among other documents, by capacity allocation contracts for generation sites with installed capacities of 5 MW or more. Although the OWEPP Connection Regulation states that capacity allocation contracts must be submitted for connection applications filed as from 1 January 2026 and, for earlier applications for which no ATR has been issued, by 31 December 2025, given the timeline for implementing the Offshore Law, it is likely that all OWEPPs’ connection applications will need to be accompanied by capacity allocation contracts.

When determining the connection solution (Romanian: “soluție de racordare”), connection point (Romanian: “punct de racordare”), and delimitation point (Romanian: “punct de delimitare”), the TSO must consider the following: (i) additional development works (as per the Capacity Allocation Methodology) that the TSO must carry out for OWEPPs’ connection, included in the RET development plan, with a commissioning date preceding the OWEPPs’ commissioning date (ii) location of the RET connection point downstream of the grid developed by the TSO through the development works mentioned above; (iii) the user’s obligation to develop and finance electrical equipment and installations at the offshore generation site up to the RET connection point; (iv) the provision of technical conditions for transporting and discharging the generated electricity into the national electricity system (SEN); (v) the provision of technical conditions allowing the TSO to implement the following measures, as appropriate: (A) redispatching the OWEPPs and (B) temporary limitation/shutdown of electricity generation during the OWEPPs’ operation for technical reasons or upon the request of the grantor (Romanian: “concedent”) under the concession contract or institutions in charge of defense, public order, or national security, for justified reasons.

For connecting the OWEPPs to the RET, the following categories of works will need to be carried out, as appropriate: (i) specific reinforcement works in the electricity grid upstream the connection point, to ensure technical conditions for discharging and consuming the approved power exclusively for the offshore generation site (the “Specific Reinforcement Works”); (ii) works for the connection installation (Romanian: “instalație de racordare”); and (iii) works for the user installation (Romanian: “instalație de utilizare”).

The Specific Reinforcement Works will be carried out by the TSO at the user’s expense. Additionally, the TSO is required to perform the necessary additional development works (as per the Capacity Allocation Methodology), included in the RET development plan, with a commissioning date preceding the OWEPPs’ commissioning date.

The works for the realization of the connection and user installations will fall under the responsibility and at the expense of the user in line with the Offshore Law provisions according to which the OWEPPs’ developers must develop, at their own expense, the OWEPPs’ internal grid, conversion, transformation, and connection stations, as well as cables or HVDC transmission lines between conversion stations, as applicable, up to the RET connection point, whether offshore or onshore. Given these aspects, in the case of offshore generation sites connection, the delimitation point (i.e., the point where the offshore user’s installations separate from those operated by the TSO) may overlap with the connection point.

The responsibility for contracting the design and execution of the connection installation lies with the users, who shall enter into contracts with certified economic operators. For these works, after signing the connection agreements, the users are required, inter alia, to (i) design and construct the connection installation, (ii) organize the acceptance of the connection installation and participate in its commissioning, and (iii) obtain the approval/authorization for executing the connection installation or, where applicable, the development approval issued by ACROPO, which includes the connection installation works. Conversely, the TSO’s obligations include verifying the execution of the works, participating in the acceptance of works, and commissioning the connection installation. Connection installations developed and funded by offshore users up to the RET connection point will remain their property and will be operated in accordance with the Offshore Law.

·         Adoption by ACROPO of implementing rules on the procedure for obtaining the development approval

Offshore wind farm construction projects can only be carried out by concessionaires subject to obtaining a development approval issued by ACROPO, which is considered a legal equivalent of a building permit (Romanian: “autorizație de construire”). The development approval serves as the building/dismantling permit for works carried out within a defined offshore perimeter, as well as for those carried out onshore, up to the RET connection point. According to the Offshore Law, the concessionaire must begin construction works within a maximum of 12 months from the issuance of the development approval, which is valid for a period of maximum 5 years from the start of the works.

Under the Offshore Law, ACROPO was required to issue regulations on the procedure for obtaining the development approval by no later than 31 December 2024. Since that time, ACROPO has not issued any such regulations, and we could not find them in public consultation either. The regulations will likely be issued after the Government adopts the Draft Amendment of the ACROPO Regulation, which also sets out ACROO’s responsibilities for issuing secondary legislation in the offshore wind energy sector.

·         Approval of action plans related to the issues addressed by the working groups for the implementation of the Offshore Law

As mentioned above, within 3 months after the enforcement of the Offshore Law, several competent authorities were required to establish working groups to carry out certain activities related to the offshore wind energy sector. Additionally, according to the Law, by 31 December 2024, the competent authorities were supposed to adopt action plans regarding the issues addressed by the working groups mentioned above. The status of this milestone remains uncertain, as we have not identified any publicly available information regarding the establishment of the working groups and the adoption of the action plans.

(d)          Measures to be implemented starting with 1 January 2025

According to the Offshore Law, the TSO must ensure via the RET development plans prepared as from 1 January 2025 onwards, the development of system studies to analyze the potential impact of large amounts of offshore wind energy on the national energy system (SEN), in line with international best practices, and assess the impact of OWEPPs’ connection requirements on the SEN. At this time, the last RET development plan published on Transelectrica’s website is the “RET Development Plan for the period 2024-2033” prepared before the Offshore Law came into force. Therefore, it remains to be seen how the TSO will fulfil this obligation when preparing the next RET development plan.

(e)           Measures that had to be completed by 30 March 2025

·         Approval of the regulations on exploration, construction/decommissioning and operation of OWEPPs

According to the Offshore Law, ACROPO was required to issue, by 30 March 2025, regulations on the exploration, construction/decommissioning and operation of OWEPPs under operational safety conditions, in compliance with good practice standards, codes and guidelines, as well as with the legislative requirements in the field. To date, ACROPO has not issued any such regulations, nor have we identified them in public consultation. The regulations will likely be issued after the Government adopts the Draft Amendment of the ACROPO Regulation, which also defines ACROO’s responsibilities for issuing secondary legislation in the offshore wind energy sector.

(f)            Measures that had to be completed by 31 March 2025

·         Approval of the list of offshore wind perimeters that can be concessioned

According to the Offshore Law, the Government was expected to approve by 31 March 2025, upon proposal by the Ministry of Energy and based on the Specialized Study, the list of offshore wind perimeters that can be concessioned, defined by topo-geodesic coordinates. This list had to include, for each perimeter, the spatial location in relation to the maritime spatial planning, basic technical information, as well as environmental impact information. So far, the Government has not approved the list of perimeters that can be concessioned and we have also not identified such a decision in public consultation. In this context, we reiterate that, according to the Law, the Ministry of Energy has the authority to designate the offshore wind perimeters. However, the Draft Amendment of GD 316/2021 (which outlines, among other things, the Ministry’s responsibilities in the offshore wind energy sector) has not been adopted yet. Moreover, the status of the Specialized Study, which will serve as the basis for approving the perimeters, is currently unclear.

(g)           Measures to be completed by 30 June 2025

·         Adoption of specific rules on concession procedures for offshore wind perimeters

According to the Offshore Law, the Ministry of Energy will organize competitive procedures for awarding concession contracts. The Ministry of Energy will also be in a position to grant state aid in the form of a support scheme for the construction or operation of OWEPPs, provided that they are commissioned within a maximum of 8 years from the date of the concession contract. However, economic operators will be entitled to participate in the concession award procedure without the support scheme.

In this regard, the Government must approve by 30 June 2025, upon the proposal of the Ministry of Energy, specific regulations regarding the concession procedures for offshore wind perimeters, including the timetable for the concession stages, as well as the support scheme, where applicable. To date, the Government has not issued such specific regulations, and we have not identified them in public consultation.

·         Approval of the methodology for granting the exploration permit

According to the Offshore Law, during the concession period, concessionaires will have the right to explore the offshore wind perimeter (within the concessioned perimeter) for a period of up to 2 years after the signing of the concession contracts, with the possibility of extending them for up to 6 months, for justified reasons and with the approval of the Ministry of Energy. The exploration permit will be granted to concessionaires by the Ministry of Energy after the signing of the concession contracts.

In this regard, according to the Offshore Law, the Ministry of Energy is required to approve, by 30 June 2025, the methodology for granting exploration permits. To date, the Ministry of Energy has not adopted this methodology, and we have not identified it in public consultation.

·         Approval of the amount of royalties, fees and performance guarantee

According to the Offshore Law, the concessionaires shall owe an annual royalty for the concession of offshore wind perimeters, starting from OWEPPs’ commissioning date and during the operating period. The royalty will be set as a percentage of the generated revenues and will be specified in the concession contract.

In addition, the concessionaires will have to pay certain fees as follows: (i) for perimeters located outside the internal maritime waters and territorial sea, concessionaires will be required to pay, starting from the time when the development approval is obtained and until the exploitation begins, a fee for the concessioned area of the constructed offshore wind perimeter and the area occupied by the submarine electrical cables linking it to the grid connection points outside the concessioned perimeter; this fee will be determined according to the offshore perimeter area where construction works will be performed; (ii) for perimeters located on the property managed by the National Administration “Apele Române”, concessionaires will have to pay, starting from the time when the development approval is obtained, a fee for the concessioned area of the constructed offshore wind perimeter, as well as certain tariffs provided by Government Emergency Ordinance No. 107/2002 regarding the establishment of the National Administration “Apele Române”; and (iii) a fee for the exploitation of the offshore wind perimeter, based on the area of the constructed concessioned perimeter and the area occupied by the submarine electrical cables connecting it to the grid connection points.

Additionally, concessionaires will need to provide a financial performance guarantee for the performance of the concession contract, including for decommissioning works, as well as for remediating environmental damages.

The amount of royalties, fees, and performance guarantee must be approved by the Government by 30 June 2025. To date, the Government has not approved the amount of royalties, fees, and performance guarantee, and no draft decisions have been identified in this regard.

·         Approval of the works acceptance procedure

According to the Offshore Law, the Government is expected to adopt, by 30 June 2025, the procedure for the acceptance of works, including those executed onshore, at the proposal of ACROPO and the Ministry of Energy, with the consultation of the TSO. To date, the Government has not adopted this procedure, and no such procedure has been identified in public consultation.

·         Approval of the regulations on the electricity production license

According to the Offshore Law, after the acceptance of the works and the testing period, the commercial operation of the OWEPPs will be carried out based on an electricity production license granted by ANRE according to its own regulations, which must be adopted by 30 June 2025, taking into account the characteristics of the OWEPPs and monitoring of their operation.

In this regard, ANRE Regulation 6/2025 contains provisions on the license for the commercial operation of OWEPPs, exclusively within the offshore wind perimeter under concession and without prejudice to offshore petroleum operations or rights conferred to holders of offshore exploration permits and offshore petroleum agreements.

According to ANRE Regulation 6/2025, in order to obtain the production license, applicants will be required to submit a series of documents, including (i) the development approval issued by ACROPO, (ii) the handover protocol for the commissioning of the energy capacity (indicating the completion of tests, including those performed according to the testing program agreed upon with the grid operator according to the applicable regulations, and the commissioning of the energy capacities for normal operation at full capacity), (iii) the connection certificate issued by the grid operator[6], (iv) documents proving that the applicant has begun the necessary procedure to obtain the environmental permit, (v) a technical expert report issued by an independent verification body confirming that the installation and operation of the wind turbines and the HVDC offshore converter station are in compliance with the applicable OWEPPs technical rules, best practices in the field of offshore wind energy and comply with the relevant safety rules, etc.

(h)          Summary of Offshore Law implementation measures and their status

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