CMS Expert Guide to Agrivoltaics and Floating Photovoltaics in Romania

Yes, agrivoltaics are regulated in Romania. The legislative possibility of agrivoltaics was introduced by Law 254/2022 amending and supplementing the Law 18/1991 on the land fund (the “Land Law”). Thus, the Romanian legislator allowed the development of renewable energy generation projects (such as solar, wind, biomass, bioliquids and biogas energy production capacities, electricity storage units, transformer stations or other similar systems) on extra muros agricultural land up to 50 hectares, if the land falls into fertility class III, IV or V (where the fertility class is defined through a pedological study endorsed by special authority, the “Soil and Agrochemical Survey Offices”). According to Law 50/1991 on the authorisation of construction works (the “Construction Law”), extra muros land means land located outside the built-up area of a city or commune. The extra muros land is the territory located between the urban limit and outside boundaries of the city or commune, and where building works are restricted to a small number of exceptions.

Before such amendment, the land used for a renewable energy project should have been subjected to a zonal/general urban planning procedure ensuring that the respective land plot was (i) transferred into the intra-muros of the local administrative unit and (ii) re-zoned for PV purposes, prior to applying for the building permit necessary for the construction of the project.

Secondly, in case of developing renewable energy generation projects on agricultural extra muros land, the area of agricultural land located in extra muros (except for arable land) may be used in a dual system for both agricultural production and production of electricity from renewable energy sources. This means that for the first time in Romania, renewable energy capacities may be developed in а dual system (i.e., development of electricity generation capacities and further use of the land for agricultural production purposes, under certain conditions). In such cases, permanent or temporary removal from agricultural use may be applied only to the areas of land occupied by the electricity generation capacities, the rest of the area remaining in agricultural use. However, there are certain conditions and obligations which must be observed by the developer of an agrivoltaics project. For example, the beneficiary of the areas of permanent pasture located outside the agricultural area which have been permanently removed from agricultural use, is obliged to recover from the unproductive land identified at local, county or national level an area equal to the area approved for permanent removal.

Until recently, the primary law updated by Law 254/2022 was lacking coherence with the methodological norms on the organization, management and exploitation of permanent pasture. However, the situation changed in December 2024 when the Government published the updated methodological norms which are now expressly defining agrivoltaics as follows: “dual use of permanent pasture – the carrying out, on the same area of permanent pasture, of grazing and fodder production activities as well as renewable electricity production activities, namely: solar, wind, biomass, bioliquids and biogas energy production capacities, electricity storage units, transformer stations or other similar systems that may be located on agricultural land outside the agricultural area, in such a way that they do not affect the proper use of the pasture”.

Therefore, these amendments came as an important step to encourage the production of energy from renewable sources and significantly facilitating the authorization process for the construction of renewable energy generation projects on agricultural land.

As the photovoltaic industry in Romania continues to develop, the first agrivoltaics initiatives are taking shape. In June 2024, Eco Energy, one of the members of the Romanian Photovoltaic Industry Association (RPIA), inaugurated a large-scale photovoltaic park with a capacity of about 90 MW. A remarkable feature of this park is the use of technology that allows the panels to rotate with the sun, with a flock of sheep grazing between the rows of panels. These panels are mounted slightly higher than traditional ones, creating a useful space for grazing.

Also, the Danish renewable energy company Eurowind Energy is developing an agrivoltaic project in Romania, a 70 MW photovoltaic park that will combine solar energy with agriculture. Covering 80 hectares, this €50 million project aims to supply electricity to approximately 30,000 households. Construction commenced in October 2023.

Until recently there were regulatory hurdles for the implementation of agrivoltaics in Romania. One of the key challenges was the absence of application rules regarding the removal of pastures from agricultural land which generated bottlenecks in the authorization procedure, especially with the County Directorates for Agriculture.

Since the publication of the methodological norms, the procedure for removal of pasture from agriculture use for renewable energy capacities has been clarified. The methodological rules provide that for the use of pasture in dual system, the area occupied by the renewable energy capacity shall be partially removed up to a limit of 20% of the total area of 50 ha/target investment. This removed area is defined as the sum of areas for the mounting structure pillars, wind turbine foundations, inverters, transformer stations, electricity storage units, independent protective grounding and lightning protection systems, access roads, fencing, and other constructions/sub-assemblies necessary for the operation of this objective, as set out in the technical project.

Romania has the highest solar potential in the south-eastern region of Europe. It ranks in Europe's B zone for sunshine, with around 210 sunny days a year[1]. In addition, Romania has a good solar potential for developing PV projects, with solar irradiance values ranging from 1,000 to more than 1,350 kWh/m2/year.

According to the National Institute of Statistics, Romania has 2.887 million hectares of agricultural area. This accounts for 8.1% of the total agricultural area of the European Union, placing Romania in the fifth place among member states.

Currently, there are no specific financial support programmes in Romania dedicated exclusively to agrivoltaics. However, investment in agrivoltaics may benefit from funds from the National Recovery and Resilience Fund or from the Modernisation Fund that support renewable energy. For the period 2024-2026, the Modernization Fund has allocated Romania a budget of EUR 815 million for various types of energy projects.

In Romania, FPV plants do not yet benefit from a specific legislative framework. However, the development of such projects is possible, subject to compliance with the general legislation applicable to onshore PV plants and obtaining the relevant permits and authorizations for the use of water surfaces. Acknowledging the lack of express regulations in the context of increased interest from public & private entities with FPV plants, the Government has enacted the Emergency Ordinance No 52/2023 amending and supplementing Law 107/1996 (the “Water Law”) whereas the FPV initiatives are regulated. More precisely, the Water Law was amended in 2023 to reflect that the installation of photovoltaic energy production capacities on the surface of public property under the administration of the National Administration "Romanian Waters" is done in accordance with the water management permit. The installation of photovoltaic energy production capacities is subject to a lease process run according to the rules of public tenders. The term of such lease could not exceed 20 years.

Yes, in May 2024, TMK Hydroeneregy Power, part of the Evryo Group, ommissioned the first large-scale FPV power system. The FPV power system has been installed on Lake Grebla in the county of Caras-Severin and is estimated to produce over 1 million kWh of green energy annually.

In addition, the state-owned company Hidroelectrica, Romania's largest electricity producer, has received environmental approval for a pilot project to build a floating photovoltaic park on the Olt River, with an installed capacity of 10 MW. In December 2024, Hidroelectrica put out to tender the turnkey execution of the project. According to the tender specifications, the installed capacity of the floating photovoltaic park is 9.9 MW, with 100 inverters and about 26,000 panels to be installed.

There are other initiatives in this respect, such as:

• Notably, in 2024, Hidroelectrica and  Masdar aanounced the set up of a joint venture aimed to invest in floating PV, aas well as baterries in the next three years, aiming a total of 2 GW of such projects in Romania;
• Renera Energy's 50 MW Floating PV Project: Renera Energy Romania plans to build a 50 MW floating photovoltaic project covering 37 hectares of water in Brăila County. This initiative aims to be one of the largest floating solar installations in Europe. The project is currently at the announced stage. It will be developed in a single phase. The project construction is likely to commence in 2025 and is expected to enter into commercial operation in 2027.
• Gălățui Lake Floating Solar Plant: The Gălățui Project is an onshore floating solar plant located on Gălățui Lake in Călărași County. It has a total permitted capacity of 259 MW, with 185 MW allocated for solar power and an additional 50 MW for storage. The project is currently owned by Agentia Nationala de Imbunatatiri Funciare with a stake of 100% and is planned to be commissioned in 2025.

Romania has not developed its specific regulation for FPV power plants, making the approval and authorization process complex and uncertain. In addition, many of Romania's lakes and dams are already used for hydropower, irrigation, fishing or recreation. This limits the area available for the installation of floating solar panels.

For this particular sub-sector, it is important to note that Romania possesses significant hydrographic potential, particularly for hydroelectric power generation. While the total potential is estimated at about 40 terawatt-hours (TWh) per year, only a portion of this potential has been developed, according to ClimateChangePost. The country has a network of rivers, with the Danube being the largest, and mountain areas contributing significantly to the overall potential due to abundant flows and steep slopes, according to EEA and Norway Grants by Innovation Norway. Romania has a great potential to develop floating photovoltaic parks also due to the numerous lakes in the country, totalling an area of 2,620 km². Thus, considering the installation of floating panels on 1% of the total surface area of the lakes, Romania's potential would be around 2.6 GW. For these reasons, it is expected that this type of investments will significantly grow.  

Currently, there are no specific financial support programmes in Romania dedicated exclusively to FPV projects. However, investment in such projects may benefit from funds from the National Recovery and Resilience Fund or from the Modernisation Fund that support renewable energy. For the period 2024-2026, the Modernization Fund has allocated Romania a budget of EUR 815 million for various types of energy projects.