Energy #17 Legislative focus

Romania has begun implementing the temporary oil and fuel market intervention framework introduced by Law No. 162/2026, which entered into force on 7 August and applies until 31 October 2026.

The law reinstated controls that had previously applied between April and June, including limits on commercial margins, restrictions affecting diesel and crude oil exports, additional reporting requirements and a temporary reduction in the excise duty applicable to diesel.

Joint Order No. 1237/896/2026 of the Ministry of Economy and the Ministry of Energy establishes the procedure for obtaining prior approval for exports and intra-EU supplies of diesel and crude oil.

Companies must demonstrate that the proposed transaction will not affect the supply of their own or partner filling stations and storage facilities in Romania. The ministries must issue their decision within three working days after receiving the complete documentation.

For new contracts, the notification must generally be submitted at least three days before signing. Transactions under existing contracts must be notified at least one day before execution. The procedure applies to goods with Union status and excludes re-exports and supplies to ships and aircraft.

Separately, the Ministry of Finance, ANPC and the Competition Council have proposed instructions for monitoring compliance with the temporary limits on commercial margins.

Importers, producers, distributors and retailers of petrol and diesel would report monthly to ANAF on sales revenue, acquisition or production costs, quantities sold, average margins and weighted average prices. The reporting period covers 7 August to 31 October 2026.

ANAF would provide the reported information to the Competition Council and ANPC. The authorities could also request supporting information on transport costs, commissions, discounts, pricing formulas and international reference quotations.

The export approval procedure creates an immediate administrative condition for companies concluding or executing diesel and crude oil transactions outside Romania. The short notification and clarification deadlines require close coordination between commercial, legal and supply teams.

The draft reporting rules would allow the authorities to verify margins across refining, wholesale and retail activities. Compliance will be assessed by reference to the average commercial margin recorded over the entire crisis period, increasing the need for consistent accounting data and a clear audit trail.

The reporting system is being prepared while the Competition Council is separately examining the sharp increase in fuel prices recorded before the new controls entered into force. That review concerns the earlier price movements, while the proposed instructions would support monitoring during the new crisis period.

The regime may also continue beyond 31 October if the Government decides that market prices or supply conditions justify an extension.

A new legislative proposal, registered with the Senate as B462/2026, would repeal Article 46^2 of the Fiscal Code and eliminate the specific turnover tax, ICAS, applicable to companies operating in the oil and natural gas sectors.

ICAS is calculated at 0.5% of adjusted turnover and is paid in addition to corporate income tax.

The repeal would also remove the ICAS requirements applicable to foreign companies without a permanent establishment in Romania. These include the EUR 1 million guarantee and, for companies established outside the European Union, the appointment of a Romanian tax representative.

The tax is currently scheduled to apply until 31 December 2026 or until the end of a modified fiscal year ending in 2027.

The proposal was initiated by USR MPs, who argue that the tax has weakened Romania’s position as a transit and storage route for petroleum products and has contributed to the redirection of volumes towards other regional terminals.

If adopted before the existing expiry date, the proposal would reduce the remaining tax and compliance burden for affected oil and gas companies.

Its practical value depends heavily on the parliamentary timetable. A repeal adopted close to the end of 2026 would provide a limited financial benefit, particularly for companies using the calendar year as their fiscal year.

The removal of ICAS would not by itself restore petroleum transit or storage volumes. Commercial flows also depend on infrastructure capacity, contractual arrangements, regional prices and supply conditions.

For foreign operators, the proposal would remove both the tax and the administrative requirements created specifically for its collection.

ANRE Order No. 53/2026 changes the rules governing access and connection to upstream gas supply pipelines.

The order removes the separate tariff and contractual framework previously applicable to the operation and maintenance of connections. The operation of connections and associated metering or odorisation equipment will instead be governed through the upstream pipeline access contract.

Licensed operators must prepare methodologies for establishing third-party access tariffs based on principles approved by ANRE. Each methodology must also be approved through an order of the ANRE president.

The tariff resulting from the approved methodology will be approved by the legal representative of the licensed operator and published on the operator’s website on the date of approval.

Operators must conclude the corresponding access contracts within 30 days after the tariffs are established. Existing agreements governing connection operation remain applicable until the new contracts are signed, but for no longer than the same 30-day period.

New connections and associated equipment may enter operation only after an access contract has been concluded. Operators must also request the amendment of their licences to include the assets created through the connection process before those assets enter operation.

The order consolidates connection operation and pipeline access under a single contractual framework, removing the previous overlap between separate contracts and tariffs.

According to ANRE, the costs of operating connections will be recovered through the access tariff rather than through a separate operation tariff. The published order establishes the removal of the distinct tariff, while the incorporation of the costs into the access tariff is explained by ANRE as the intended application of the revised framework.

Upstream pipeline operators must revise their tariff methodologies, contracts and licensing documentation. Gas producers and other users should assess how the resulting access tariffs allocate connection operation costs.

The 30-day transition period leaves limited time to replace existing arrangements once the new tariffs have been established.

The Ministry of Development and the Ministry of Energy have proposed a joint order establishing technical instructions for assessing risks associated with hydrogen infrastructure during urban planning and construction authorisation procedures.

The draft covers hydrogen refuelling stations, including multi-fuel stations, as well as hydrogen production and storage installations. It applies to new facilities, extensions, technological upgrades and certain developments proposed near existing hydrogen infrastructure.

Risk assessments would be mandatory for:

• new hydrogen installations;
• extensions of existing installations;
• increases in storage capacity;
• changes in the use of an existing building to a vulnerable function;
• construction of housing, schools, healthcare facilities or other vulnerable functions inside a protection area.

The assessment must be prepared before the relevant urban planning documentation is approved or, where no such documentation is required, before the construction permit is issued. It must identify credible accident scenarios, determine the area potentially affected and assess whether the proposed facility is compatible with existing or planned neighbouring land uses.

Hydrogen infrastructure would be classified as presenting low, medium or high risk. Until national acceptance criteria are adopted, assessments may rely on recognised European and international standards, methodologies and technical guidance.

Urban planning certificates would require compliance with the safety distances resulting from the risk assessment and the applicable ISCIR technical requirements. They would also require, at a minimum, an explosion and fire risk assessment, the relevant ISCIR technical approval for pressure equipment and approvals from local utility operators.

Project documentation must include active and passive protection measures, such as automatic hydrogen leak detection, automatic flow shutdown, certified equipment for explosive atmospheres and adequate ventilation.

If a project is considered acceptable only with additional protection measures, those measures become mandatory conditions for construction authorisation. If the assessment finds that the proposed function is incompatible with the existing installation, the construction permit cannot be issued.

Sites holding at least five tonnes of hydrogen would also fall under the lower-tier major accident prevention regime established by Law No. 59/2016. The threshold for upper-tier sites is 50 tonnes.

The draft supports the implementation of Romania’s Hydrogen Strategy 2025-2030 and its Action Plan. It is also linked to PNRR Component 6, Reform 4, Milestone 126, concerning the regulatory framework for hydrogen and the removal of administrative and legislative barriers to investment.

The draft would make risk assessment an early requirement in the development of hydrogen projects, rather than an issue addressed only during technical design or operational approval.

Investors would need to examine site compatibility, neighbouring land uses and possible accident scenarios before finalising project locations. This may increase initial development costs and documentation requirements, but it could reduce the risk of discovering major siting constraints late in the authorisation process.

The rules are also relevant to developments proposed near existing hydrogen infrastructure. Residential, educational, medical or other vulnerable functions could be restricted or rejected if they are located within the area affected by identified risks.

For project developers and designers, the assessment may influence equipment placement, safety distances, storage configuration, ventilation, leak detection and emergency response arrangements.

Local authorities would receive a clearer basis for assessing hydrogen projects, but the draft does not fully eliminate uncertainty. National quantitative risk-acceptance thresholds have not yet been established. Until they are adopted, assessments will depend on recognised practices from other EU Member States and international standards.

This creates a possible inconsistency in application, despite the stated objective of establishing uniform national rules. The draft states that the Ministry of Energy will approve the applicable limit values and calculation methodology through a technical annex, but it does not provide a deadline for doing so.