On 17 August 2026, the Romanian Ministry of Energy released for public consultation the draft specific rules governing the award of offshore wind concessions in the Black Sea. Their adoption is the precondition for launching the first competitive award procedure.
Comments may be submitted until 27 August 2026.
1. Background
Law no. 121/2024 established the general framework for offshore wind energy but left the specific award rules, the level of royalties and fees and, as the case may be, the support scheme to be adopted by Government decision. The current draft is the second step in that sequence, following the one on the list of perimeters available for concession — six zones, approximately 4,000 km², an estimated 11.5 GW, of which Phase 1 (perimeters 1–3) accounts for 3.1 GW, matching the target set out in the 2025–2035 Energy Strategy and NRRP milestone 116.
2. Perimeters, data and grid connection
The list of perimeters is approved by Government decision, after consultation with the transmission system operator (Art. 8). Three provisions drive the allocation of technical risk:
- Perimeter boundaries are final upon approval and cannot be amended during the award procedure (Art. 10).
- Data made available by the grantor is indicative only; responsibility for surveys and studies rests with the concessionaire (Arts. 11 and 37).
- Constraints identified at a later stage must be managed through design solutions within the perimeter, without altering its boundaries (Art. 11).
Art. 12 expressly provides that references to grid connection and possible connection options are indicative and do not confer a firm right or a guaranteed connection position. Award of a perimeter therefore does not secure connection capacity, although the timing of the rounds is set by reference to available capacity (Art. 59).
3. Procedure and eligibility
The procedure is initiated by the Ministry of Energy, acting as grantor, which approves the award documentation and sets the timetable (Art. 14). Individual operators, associations and consortia may participate, subject to demonstrating technical and professional capacity, economic and financial standing, relevant experience and integrity; SPV structures are permitted (Art. 17). Detailed qualification criteria are left to the award documentation.
Bids are assessed by an evaluation committee appointed by the Ministry, with the winner designated on the basis of the final score (Arts. 19–24). The Ministry may update or clarify the award documentation during the procedure, such clarifications forming an integral part of it (Arts. 16 and 19).
4. Bid evaluation
Award is not based on price. Evaluation aims to select credible and deliverable projects capable of reaching financial close within a reasonable timeframe, with bankability expressly listed among the guiding principles (Art. 25). The criteria address project maturity, technical and organisational capacity, risk management, environmental and coexistence aspects, industrial contribution and the realism of the implementation schedule (Arts. 26–31).
The actual scoring sits in the methodology at Annex 2. According to publicly available information, part of the score is allocated to the concession premium — optional and capped — with the remainder addressing the firmness of financial resources, consistency between the financial plan and the technical bid, implementation capacity and industrial contribution.
5. The concession agreement
The concession runs for up to 30 years, with a single extension of no more than 10 years, structured into development, construction, operation and decommissioning periods (Art. 36). Provisions of direct relevance to transaction structuring:
- Bid capacity is an essential term of the agreement, alongside a minimum installed capacity set by reference to it; overplanting is permitted, provided output at the connection point remains permanently capped (Art. 3).
- Development milestones — surveys, permits, final investment decision, start of works, commissioning — may be set out in the agreement (Art. 38).
- Guarantees covering bid participation, performance and decommissioning obligations may be required by the grantor, with type and amount to be determined through the award documentation and the agreement (Art. 41).
- Transfer of rights is subject to the grantor's approval. The agreement must set the threshold above which an acquisition of shareholdings requires approval, the approval criteria on an exhaustive basis, decision deadlines, and the lenders' right to require substitution of the concessionaire and the execution of a direct agreement (Art. 42) — key bankability features.
- Amendments fall into three categories — by notification, subject to prior approval, and excluded — with cumulative assessment and a register of amendments; royalty reductions and any transfer of operating risk to the grantor are prohibited (Art. 43).
- Decommissioning: an updated decommissioning plan at least 5 years before expiry of the concession term, approved at least 2 years before that date, works commencing within 12 months of the end of commercial operation and completed within 24 months of commencement (Art. 39).
- Disputes fall within the jurisdiction of the Romanian courts unless the parties have agreed to arbitration (Art. 46).
6. Royalties, fees and support mechanisms
Three financial obligations apply — a development-stage fee, an operation-stage fee, and a royalty calculated by reference to revenues from commercial operation. Calculation, declaration and payment are set out in the methodology at Annex 3 (Arts. 47–51); the financial regime enters into force 30 days after publication, unlike the remaining provisions.
The chapter on support mechanisms is drafted at the level of principle: projects may benefit from mechanisms established under applicable legislation, subject to State aid rules (Arts. 52–54). The support scheme is not regulated by this instrument.
7. Points meriting attention in the consultation
- Guarantee regime. Art. 41 provides that the grantor may require guarantees, whereas Art. 15(8) of Law no. 121/2024 obliges the concession holder to post a performance guarantee covering decommissioning and environmental damage, in an amount to be set by Government decision.
- Award timetable. Art. 15 requires compliance with a timetable of award stages approved by Government decision, while Art. 59 assigns the setting of the timetable to the Ministry of Energy. No such timetable appears in the draft.
- Annexes versus award documentation. The model agreement, the evaluation methodology and the terms of reference appear both as annexes (Art. 60) and as components of the award documentation, which the Ministry may update during the procedure (Art. 16). The hierarchy and the limits of permissible amendments would benefit from clarification.
- Framework character of the rules. Qualification criteria, guarantee amounts, the change-of-control threshold and development milestones are all left to the award documentation or the agreement.
8. Timing and next steps
Comments are submitted to the Ministry of Energy under Law no. 52/2003 on decisional transparency, by 27 August 2026.
Adoption will be followed by approval of the award documentation and the launch of the first competitive procedure. Under Law no. 121/2024, the concession notice is published at least three months before the bid deadline — a short window relative to the preparation required, which is why eligibility analysis and the participation structure should be addressed at this stage.
Informational material prepared on the basis of the draft under public consultation. It does not constitute legal advice.