Emergency Ordinance No. 3/2022 Compensation for electricity and gas consumption in February and March

On 26 January 2022, Emergency Ordinance No. 3/2022 was published in the Official Gazette for the amendment and completion of Government Emergency Ordinance No. 118/2021 on the establishment of a compensation scheme for electricity and natural gas consumption for the cold season 2021-2022, as well as for the completion of Government Ordinance No. 27/1996 on the granting of concessions for persons residing or working in certain localities in the Apuseni Mountains and in the Biosphere Reserve “Danube Delta”.

With Ordinance no. 3/2022, the Romanian Government sets an upper limit for electricity and natural gas prices also for non-domestic consumers. The limit of the Ordinance is set for the months of February and March 2022.

The non-domestic consumer is defined as any natural or legal person purchasing electricity not intended for their own domestic consumption. This category includes industrial customers, small and medium-sized enterprises, traders and wholesale customers.

Exceptions from the provisions of the Ordinance are the following:

• Non-domestic customers who have benefited from the provisions of Government Ordinance No. 81/2019;
• The beneficiaries envisaged in Article III of Law No. 259/2001;
• Electricity producers.

With the exception of the non-domestic consumers mentioned above, the cap is applied to all other non-domestic consumers, as follows:

• The final invoiced electricity price is capped at a maximum of RON 1.00/kWh, VAT included, of which the electricity price component will be
  maximum RON 0,525/kWh;
• The final invoiced price of gas is limited to a maximum of 0,37 RON/kWh, VAT included, of which the gas price component will be maximum 0,250 RON/kWh.

These ceilings represent the final price that may be invoiced to the end customer, including

• For electricity – the electricity price component, excise duties, regulated transport and distribution tariffs, system services, green certificates, the contribution of cogeneration and high energy efficiency, supply costs and VAT
• For natural gas – the gas price component, transport cost, storage tariff, excise duties, distribution tariff, supply costs and VAT.

The electricity and gas price component does not include VAT.

Failure by electricity and gas suppliers to comply with the aforementioned provisions constitutes a contravention and is punishable by a fine of RON 20,000.00 to RON 200,000.00.

We recommend that you check the invoices that will be issued by the electricity and natural gas suppliers for the period 01.02.2022-31.03.2022, as well as any offers or contracts being negotiated with the electricity and natural gas suppliers.