IN BRIEF
- The guarantee for the issuance of an ATR for projects > 1 MW, including BESS/HVDC, increases from 5% to 20% of the connection tariff excluding VAT and is forfeited if, within 6 months of the expiry of the set-up authorisation, a new valid authorisation is not obtained.
- The set-up authorisation is now mandatory and subject to a fixed deadline: as a rule, a maximum of 12 months from the grid connection agreement and 18 months from the ATR. The application must be submitted within 30 days of the signing of the grid connection agreement. An extension is possible, but subject to conditions — failure to meet the deadlines will result in the loss of the ATR, the termination of the grid connection agreement and the enforcement of the financial guarantee.
- The bid bond for capacity allocation must now be provided upon submission of the application, not at the auction stage: 20,000 EUR/MW for 2026. Those with applications already registered must comply until 14 July 2026.
Projects with grid connection agreements in force on 25 May 2026 and with a capacity > 1 MW have until 25 May 2027 to obtain the set-up authorisation – or risk losing their ATR.
Project connection: higher guarantees, strict deadlines and penalties
The ATR guarantee increases to 20% of the connection tariff excluding VAT, up from the previous 5%. The new level applies to all applications for which the operator has not yet communicated the guarantee amount. A less obvious but relevant point: the order expressly clarifies that the basis for calculation is the tariff excluding VAT, and operators who previously calculated guarantees inclusive of VAT are obliged to refund the difference upon request. Consequently, a review of the basis for calculating guarantees already issued is necessary.
The set-up authorisation is now subject to a fixed deadline. For projects exceeding 1 MW, as a general rule, it must be obtained no later than 12 months from the grid connection agreement or 18 months from the issue of the ATR. An extension of up to 12 months is possible only once, but not simply upon request: it requires the fulfilment of a number of cumulative conditions, including the consent of the grid operator, justification for the delay and the provision of an additional financial guarantee. The chain of consequences in the event of non-compliance is severe: the ATR loses its validity, the grid connection agreement is automatically terminated, and the ATR financial guarantee becomes enforceable. The same mechanism applies if a set-up authorisation already obtained expires or is withdrawn: if ANRE does not issue a new authorisation within 6 months, the grid connection agreement terminates, with the same financial consequences.
A less-discussed development: network operators may also request successive extensions of the grid connection agreement when works for which they are responsible are delayed. The user may do the same, but with an additional guarantee of 5% of the connection fee excluding VAT for each 12-month extension, increased by 5% for each additional period. Failure by either party to meet the deadlines constitutes an administrative offence.
Capacity allocation. The participation guarantee must be provided at the time of submitting the allocation application, not at the auction stage . The amount for 2026 is 20,000 EUR/MW requested. Projects with applications already registered before 25 May 2026 must provide the guarantee by 14 July 2026 .
Impact on existing portfolios. Projects with grid connection agreements in force as at 25 May 2026 and with an approved capacity of > 1 MW are automatically subject to the new rules: the deadline for obtaining the set-up authorisation is 25 May 2027. To avoid risks, existing projects must be assessed to update the project timetable.
Set-up authorisations: financial guarantee of 30 EUR/kW and issues requiring clarification
Order No. 16/2026 introduces a separate financial guarantee of 30 EUR/kW of installed capacity, payable at the time of submitting the application for the set-up authorisation. For example, for a 100 MW project, the financial guarantee represents a significant financial commitment (EUR 3 million), regardless of the form chosen (bank guarantee, instrument issued by a non-bank financial institution or insurer, or transfer to the Treasury), and this sum remains tied up until the final acceptance of the works.
Enforcement of the guarantee. The mechanism is relatively straightforward in two scenarios: if the works are not accepted within the validity period of the set-up authorisation, or if the investor withdraws from the project. However, the guarantee is not enforced if the delay or failure to complete the works is caused by reasons beyond the investor’s control, as evidenced by official documents submitted to ANRE within the validity period of the set-up authorisation. However, this exception has a significant limitation: it applies only if the set-up authorisation has already been issued, and the supporting documents are submitted to ANRE within its period of validity. The scenario where the set-up authorisation is never obtained remains, for the time being, without a clearly regulated response.
Furthermore, the procedure for enforcing the financial guarantee for the set-up authorisation has not yet been approved by ANRE – which means that neither the enforcement mechanism nor the non-enforcement mechanism are fully operational.
Last but not least, the applicability of the guarantee to standalone BESS projects remains ambiguous. The text of Article 19¹ uses the phrase ‘electricity generation technology’, which technically does not cover storage installations. However, the same order includes proof of the provision of such a guarantee in the list of mandatory documents for any application for a set-up authorisation. The tension between the two provisions is real and unresolved, and the practical consequences – ranging from the application being deemed incomplete to a temporary permissive approach – differ significantly in terms of a project’s timeline.
What should developers do now?
The ANRE package of May 2026 does not merely introduce new obligations – it redefines the logic of financial risk for any generation or storage project with a capacity > 1 MW. The questions every developer should be asking themselves now are specific: What is the status of projects in relation to the transitional deadlines? Do I need to provide additional guarantees, and under what conditions? What happens to the 30 EUR/kW guarantee if the set-up authorisation is not issued? The answers vary significantly from one project to another, depending on the status of the ATR, the existing grid connection agreement and the specific details of the authorisation application. An accurate assessment requires a coordinated analysis of the new legal provisions in relation to the specific circumstances of each project.
Author Tiberia Karina Hompot, Senior Associate, LYNX (Romania)
