The controversial “solar tax” decree was published in the Official Gazette and provides that central state administration bodies and NARE can apply taxes to consumers of energy from renewable sources in one or more of 3 situations, not just from December 1. 2026, as Minister of Energy Virgil Popescu stated a day ago.

• SEE THE SHOW PUBLISHED IN THE OFFICIAL BULLETIN HERE

In the emergency resolution published on Tuesday evening in the Official Gazette, it is stated that “bodies of the central state administration and NARE taxes and fees may apply non-discriminatory and proportionate to consumers of energy from renewable sources with respect to electricity from renewable sources produced by them, which remains on their territories in one or more of the following cases:

• and) if self-generated electricity from renewable sources is effectively supported by support schemes, only to the extent that the economic viability of the project and the incentive effect of such support are not undermined;
• b) from December 1, 2026, if the capacity installed in consumer power plants exceeds 8% of the total capacity installed in power generation facilities at the national level, and if this is demonstrated through a cost-benefit analysis carried out by ANRE through – open, transparent process with the participation that the provision provided for in par. (3) lit. (b) either results in a significant disproportionate burden on the long-term financial stability of the electric power system, or creates an incentive that exceeds what is objectively necessary to achieve cost-effective use of renewable energy, and such burden or incentive cannot be minimized by taking other reasonable actions; or
• in) if electricity from self-produced renewable sources is produced in installations with a total installed power capacity of more than 30 kW.

The government copied exactly the text provided EU directive which had to be transposed into national legislation, practically correcting the GEO project under public discussion, and which caused a whole scandal, since taxation was impossible, but under the condition that “the bodies of the central state administration and NARE taxes and fees apply“.

This is what the EU Directive provides:

“Member States taxes and fees may apply non-discriminatory and proportionate to own renewable energy consumers in respect of self-generated electricity from renewable sources that remains on their territories in one or more of the following cases:

• (a) if self-generated electricity from renewable sources is effectively supported by support schemes, only to the extent that the economic viability of the project and the incentive effect of such support are not undermined;
• (b) from 1 December 2026, if the global share of self-consumption installations exceeds 8 % of the total installed electricity capacity of a Member State, and if this is demonstrated by means of a cost-benefit analysis carried out by the national regulatory authority of such Member State through an open, transparent and collaborative process, that the provision set forth in paragraph (2)(a)(ii) either results in a significant disproportionate burden on the long-term financial sustainability of the electricity system or creates an incentive that exceeds what is objectively necessary to achieve cost-effective use of renewable energy, and that such burden or incentive cannot be minimized by taking other reasonable actions; or
• (c) if electricity from renewable sources of own production is produced in installations with a total installed electricity capacity of more than 30 kW.

Energy Minister Virgil Popescu said a day ago that the final text of the Resolution adopted by the Government will include the possibility of charging fees in certain situations from December 1, 2026.

The law, which is now published in the Official Gazette, testifies to this actually there are up to 3 situationsthe possibility of charging from December 1, 2026 is only one of them.

HotNews.ro reported today that the Minister of Energy’s explanations contradict official data.

• Read more: Factual analysis: what is not connected in the explanations of Virgil Popescu in the scandal with the Decree on the “sun tax”

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