The National Energy Regulatory Authority (ANRE) has prepared the infrastructure for charging self-consumption with prosumers’ money, despite assurances from the Government that it will not introduce the so-called “sun tax”, say the representatives of the Association of Prosumers and Energy Communities from Romania (APCE).
“Despite the assurances from the Government, that it will not introduce the so-called “sun tax”, ANRE has prepared the infrastructure for charging self-consumption with the money of prosumers. In order to obtain the connection certificate as a prosumer, you need to additionally add a sealable board with fuses. In this sealable board, a meter is to be installed to measure self-consumption. In some cases, this meter has already been installed,” states the press release sent by the association.
According to the quoted source, prosumers pay extra for these equipments without benefiting or being informed of the role of this self-consumption meter.
“Why are additional meters installed to measure self-consumption if the Government and ANRE do not intend to apply the “sun tax”? This is a premeditated action in which several state institutions are involved. The Government created the legal framework and ANRE began to prepare the infrastructure. Throughout this period they have vehemently denied the intention to introduce such a tax. The installation of these additional equipment is proof of the intention of the Government and ANRE to introduce this absurd tax”, the press release states.
The Association of Prosumers and Energy Communities asked its members to send photos of such installations. From the hundreds of images received, we identified two situations: in some cases, a “sealable measuring block” was installed; in other cases, smart meters that are already functional were also installed.
The infrastructure for charging self-consumption is being built during the period when the Government and the Ministry of Energy deny the intention to introduce the “sun tax”.
The association mentions that, in the official statements, the representatives of the Government and ANRE tried to validate the idea that the solar tax can only be applied from 2026, if the installed power of prosumers in Romania will reach 8% of the total power installed in Romania.
“This statement is false, because the GEO stipulates that those who benefited from financing (Casa Verde, Electric UP, etc.) and those who have more than 30 kW can be charged at any time by an ANRE order. The attempt to promote the idea that it is normal to tax self-consumption from 2026 if the power reaches 8% is an aggressive and unjustified action towards prosumers. It is not normal to tax self-consumption today, nor in 2026 regardless of the installed power. Another false theme promoted by the authorities was that the introduction of the “sun tax” is an obligation of Romania to transpose a European directive. We mention that APCE requested an official response from the European Commission related to this obligation. The response was clear and unequivocal: Romania is not obliged to transpose into national legislation the article that refers to the sun tax. We request the Romanian Government to remove from GEO163 /2022 Art. 21 (pt. 3) which allows ANRE to tax the self-consumption of prosumers,” the statement also says.
Ministry of Energy says the tax does not exist
The Minister of Energy, Sebastian Burduja, declared on Friday that there is no sun tax in Romania and there was no question of introducing such a tax.
He specified that he is discussing this aspect with Mrs. Ditte Juul Jorgensen, the general director of the General Energy Directorate (DG Ener) within the European Commission, who was on a visit to Romania.
“Yes, I saw this topic and I am surprised. There is no tax on the sun in Romania. The issue of introducing a tax on the sun was not raised. I am sorry that this idea is accredited, because I do not support it and I will not support it never. (…) Of course, a European directive was transposed, I think it’s Directive 944 Red II, and it took exactly the text from the directive that says that member states can apply, but be careful, from 2026, if the percentage of power installed at prosumers exceeds, I think, 8% of the total power installed in the energy system. We are still well, far from the figure of 8% and we are not in 2026. Now, the prosumers said good, you can remove that article from the text of the law: “may apply a tax “? And we addressed the European Commission (…) in fact, Mrs. General Director Ditte Juul Jorgensen from DG Ener is visiting and we asked her this question and she will check whether by removing this article we are creating an infringement. If we will have the Commission’s position in writing that there is no risk of infringement, I have no problem supporting the idea of eliminating it”, explained Sebastian Burduja, according to Agerpres.
Asked if the president of ANRE would have the freedom to introduce such a tax through an order, the Minister of Energy stated that “it is not possible”, because it can only be applied from 2026 and this under the conditions in which the power installed at prosumers would reach 8% from the total energy system.