Draft GEO: Prosumers will be able to share surplus electricity with other consumers

Prosumers will be able to share surplus electricity produced from renewable sources with other consumers, free of charge or for a fee, based on direct agreements, according to a draft emergency ordinance put into public debate by the Ministry of Energy at the end of last week. The draft normative act aims to amend the electricity and natural gas law and introduces this third option for active customers, alongside self-consumption and energy injection into the grid, fundamentally changing the rules of the game on the energy market.

Specifically, the future legal framework would allow a household equipped with photovoltaic panels in a block of flats, in a residential complex or in a local community to supply energy to another household that does not have such installations. The energy could be transferred either free of charge or for a fee, depending on the agreement between the parties, without the obligation to exclusively sell the surplus to the supplier or to inject it into the grid. The Ministry of Energy emphasizes that the project establishes the general legal framework for energy sharing, with the technical aspects regarding measurement, settlement and the involvement of distribution operators to be subsequently regulated by the National Energy Regulatory Authority.

Also in the logic of facilitating access to energy production from renewable sources, the project introduces the concept of a flexible connection agreement, intended for areas where the electricity grids have limited capacity. The mechanism would allow for the faster connection of new production capacities, especially photovoltaic, with the acceptance of conditions limiting and controlling the energy discharged into the grid, a solution designed to unlock investments in a system already under pressure.

Energy sharing is just one of the major changes proposed by the draft emergency ordinance currently under public consultation, a document that the Ministry of Energy justifies by the need to transpose a European directive adopted in 2024, which modifies the operating rules of the electricity market at the European Union level. In the substantiation note, the authorities point out that the current legislation no longer reflects the realities of the market, after the energy crisis of recent years, characterized by sharp price increases and high volatility, and Romania is already in an infringement procedure for failure to transpose the directive on time, which makes the adoption of the ordinance an urgent measure to avoid European sanctions. The draft also brings essential clarifications in the contractual relationship between suppliers and consumers, explicitly introducing into Law 123/2012 the notion of a fixed-term and fixed-price electricity supply contract. According to the proposed definition, the energy price and contractual clauses remain unchanged throughout the duration of the contract, but the final invoice may be influenced by elements that are not set by the supplier, such as taxes, duties or regulated tariffs for network services, these components not being considered part of the fixed price.

At the same time, the information obligations of suppliers are strengthened, as they are obliged to clearly explain to consumers, before signing or extending contracts, whether the price is fixed, variable or dynamic and how the final invoiced price is formed, in a declared effort to increase transparency and reduce unclear commercial practices.

The draft normative act regulates supply contracts with dynamic prices, in which the energy price varies depending on market developments, these products being associated in particular with the use of smart meters. The Ministry of Energy points out that such contracts can offer cost reduction opportunities for some consumers, but also involve significant risks, which is why suppliers must provide complete information before concluding contracts. The National Energy Regulatory Authority will have extended powers to monitor the impact of dynamic price contracts and will publish periodic reports on their evolution.

If approved by the Government in the proposed form, the regulatory act could profoundly change the way energy is produced, distributed and consumed in Romania, giving prosumers a central role and paving the way for functional energy communities, in a European context increasingly oriented towards decentralization and energy autonomy.