On 26 July 2026, Law No. 160/2026 (“Law No. 160/2026”) amending and supplementing Electricity and Natural Gas Law No. 123/2012 (“Energy Law”) entered into force.
The main amendments concern the quantitative compensation (netting) mechanism applicable to prosumers; the extension of the installed capacity thresholds for the application of the compensation mechanism; the introduction of a special regime for individual prosumers with small-capacity installations; and the time limitation of the mechanism.
The entry into force of Law No. 160/2026 was delayed by the objection of unconstitutionality raised by the President of Romania on 31 October 2025. By Decision No. 391 of 29 April 2026, the Romanian Constitutional Court dismissed the objection of unconstitutionality, finding that Law No. 160/2026 clearly defines the categories of prosumers and establishes a three-tier structure based on installed capacity (up to 27 kW, between 27 and 200 kW, and between 200 and 400 kW) with respect to compensation rights between consumption places.
Main points of interest introduced by Law No. 160/2026:
- Redefinition of the concepts of “quantitative compensation” and “prosumer”
The definitions section of the Energy Law was amended by introducing the concept of “quantitative compensation”, consisting of “the process whereby the supplier invoices the prosumer holding power plants with an installed capacity of up to 200 kW per consumption place, in accordance with ANRE regulations, on a monthly basis, for the value of the energy consumed from the grid, the value of the energy produced and delivered (within the limit of consumption, exclusive of taxes and tariffs), and any surplus produced and delivered (also exclusive of taxes and tariffs).”
Quantitative compensation also applies to renewable energy sale-purchase agreements concluded between the supplier and the prosumer that are ongoing on the date of entry into force of Law No. 160/2026.
For the purposes of applying the compensation mechanism, the definition of “prosumer” was also amended, retaining the criteria concerning the production of energy from renewable sources for own consumption in a space held under any title, but clarifying the prosumer’s ability to quantitatively or financially settle the surplus energy between several consumption and/or production-and-consumption places of its own, where the supplier or the distribution operator is the same, provided that energy production does not constitute its primary commercial or professional activity.
- Increase of the capacity threshold for the sale of energy to the supplier or to consumers
The installed capacity threshold up to which prosumers may sell the energy produced or stored to the suppliers, or to consumers connected to the busbars of the power plant, is increased from 200 kW to 400 kW per consumption place.
- Amendment of suppliers’ obligations towards prosumers with an installed capacity of up to 200 kW
For prosumers with an installed capacity of up to 200 kW, electricity suppliers are required to:
(i) carry out the quantitative compensation between the energy delivered and the energy consumed from the grid within a billing period, in accordance with the ANRE methodology;
(ii) settle the energy quantities using the active energy price set out in the supply agreement;
(iii) exclude from the settlement price the costs of imbalances, the supply component, and taxes (VAT, transmission, distribution, system services, cogeneration contribution, green certificates, excise duty);
(iv) show the supply component and the above-mentioned taxes separately on the invoice;
(v) issue invoices for the energy produced and delivered to the grid, in the name and on behalf of prosumers who are legally required to issue invoices under the Fiscal Code.
- Rules applicable to prosumers with an installed capacity between 200 kW and 400 kW
For prosumers with an installed capacity between 200 kW and 400 kW per consumption place, at their request, suppliers are required to:
(i) purchase the energy produced and delivered at a price equal to the weighted average price recorded on the day-ahead market (PZU) in the month in which the energy was produced; and
(ii) carry out the financial settlement between the energy delivered and the energy consumed from the grid.
- Rules applicable to individual prosumers with an installed capacity of up to 27 kW
Law No. 160/2026 introduces the right of individual prosumers with installations of up to 27 kW per consumption place to use the amount resulting from the application of the quantitative compensation mechanism to:
(i) settle payment obligations under electricity supply agreements, for all consumption places or production-and-consumption places of the prosumer held in the portfolio of the same supplier;
or
(ii) settle payment obligations under gas supply agreements concluded with the same supplier, for all consumption places or production-and-consumption places of the prosumer held in its portfolio.
- Time-limitation of the quantitative compensation mechanism until 31 December 2030
Quantitative compensation for prosumers with installations of up to 200 kW per consumption place will only be granted until 31 December 2030. After that date, such prosumers will be able to sell the energy produced under the conditions applicable to prosumers with an installed capacity between 200 kW and 400 kW, i.e. at the PZU price.
- Provisions on the implementation of Law No. 160/2026
For the implementation of the new provisions, within 60 days of the entry into force of Law No. 160/2026, ANRE must amend and supplement the Methodology for establishing the rules for the trading of electricity produced by power plants using renewable sources with an installed capacity of up to 400 kW per consumption place.
