Energy #26 Legislative focus

Amendments to draft bill Pl-x 339/2026, concerning the approval of Emergency Ordinance no. 19/2026, would extend Romania’s fuel market crisis regime until 31 March 2027 and broaden the application of commercial margin limitations across the petroleum supply chain.

On 6 October, the Chamber of Deputies’ Committee for Industries adopted a preliminary report proposing two significant changes to the existing framework established under Law no. 162/2026.

First, the crisis regime, currently scheduled to expire on 31 October 2026, would be extended until 31 March 2027, with further extensions of up to three months possible through government decisions.

Second, the amendments would remove the existing exemption from commercial margin limitations for refining and the first sale of products obtained from crude oil processing, as well as imports and the first sale of imported petroleum products.

This would bring activities currently exempted from the margin limitation mechanism within its scope.

The existing crisis framework also provides for prior government authorisation of diesel and crude oil exports and intra-EU deliveries, alongside reporting obligations and sanctions for non-compliance.

A further preliminary report was issued by the Economic Policy Committee on 8 October. The amendments remain subject to the completion of the joint committee procedure and subsequent approval by the Chamber of Deputies, acting as the decisive chamber.

The proposed amendments would extend the period during which petroleum operators are subject to exceptional market intervention measures.

For refiners and importers, removing the existing exemption would represent a direct change in their commercial operating conditions, bringing additional activities within the scope of regulated margins.

For distributors and fuel retailers, extending the crisis regime would maintain the temporary restrictions and compliance requirements already affecting their operations.

The proposal is particularly relevant for pricing strategies, commercial contracts and compliance planning across the petroleum supply chain. Its final impact will depend on the amendments retained in the legislation adopted by Parliament.

ANRE published Order no. 61/2026 in the Official Gazette on 9 October, approving a new framework for handling complaints submitted by final electricity and natural gas customers.

The order replaces the existing procedure established under ANRE Order no. 16/2015 and introduces a new public assessment mechanism for suppliers, based on how customer complaints are managed.

Under the new framework, ANRE will calculate a quarterly Complaints Management Index (IGP) for each supplier, using information on complaints submitted to ANRE, substantiated complaints received by suppliers and substantiated complaints not resolved within the applicable deadlines.

Suppliers will be classified into six colour categories, ranging from red for an IGP below 50 to green for an IGP of at least 90.

The index and corresponding colour classification will be displayed in ANRE’s electricity and gas offer comparison applications. Until these functionalities are developed, ANRE will publish the quarterly results on its website.

The order also introduces quarterly reporting requirements, additional transparency obligations and updated procedures for handling repetitive or non-compliant complaints.

The new framework enters into force on 1 January 2027. Reports covering complaints received between July and December 2026 will still follow the existing procedure and must be submitted by 31 January 2027.

The regulation introduces a new public performance indicator that could influence how customers assess electricity and gas suppliers.

For suppliers, complaints management will no longer be only an internal customer service and regulatory compliance function. Its results will become publicly comparable and may influence commercial reputation and customer acquisition.

Billing errors, delayed responses, supplier-switching issues and other recurring complaints could affect a supplier’s classification.

The quarterly assessment also increases the importance of accurate reporting, consistent complaint categorisation and compliance with response deadlines.

For customers, the new indicator will provide additional information when comparing suppliers, alongside price and contractual conditions.

The practical significance of the mechanism will depend on how ANRE calculates and publishes the index and how the results are incorporated into its comparison applications.

The Ministry of Energy and the Ministry of Labour published Joint Order no. 1205/1449/2026 in the Official Gazette on 6 October, establishing the administrative procedures for processing and paying compensation claims submitted by electricity and natural gas suppliers.

The order operationalises the advance payment mechanism introduced by Law no. 179/2026, which increased the initial reimbursement percentage from 40% to 60% for eligible claims under the energy support schemes established by Emergency Ordinances no. 27/2022 and no. 6/2025.

The 60% payment level was therefore already established by law. The new order defines how it is implemented.

Under the procedure, suppliers may receive an initial payment corresponding to 60% of the amount claimed, following administrative checks and subject to the availability of the necessary funds.

The Ministry of Energy and the National Agency for Payments and Social Inspection (ANPIS) verify the administrative documentation, while ANRE remains responsible for examining supporting documents and determining the final compensation amounts.

Once ANRE validates the claim, the remaining amount is paid to the supplier. If the advance exceeds the validated compensation, the supplier must return the difference within 10 working days, with interest and penalties applicable in case of delay.

For claims under Emergency Ordinance no. 6/2025, the initial payment must be made within 10 working days after the necessary funds are secured.

The order entered into force on 6 October.

The procedure provides the administrative framework needed to implement the higher advance payment percentage for outstanding energy compensation claims.

For electricity and gas suppliers, the mechanism can improve cash-flow management by allowing a larger portion of claimed compensation to be received before ANRE completes the final verification.

However, the procedure does not guarantee immediate reimbursement. Payments remain dependent on administrative verification and the availability of public funds.

Suppliers also remain exposed to subsequent financial adjustments if ANRE validates amounts below those initially claimed.

The distinction between initial payments and final validated compensation is therefore relevant for financial reporting, liquidity planning and the management of outstanding claims.

A new parliamentary draft bill, B562/2026, registered in the Senate on 8 October, proposes mechanisms allowing the Romanian state to identify companies and assets of strategic national interest and intervene in transactions, restructuring and insolvency proceedings involving them.

The proposal covers several sectors, including energy, extractive and manufacturing industries, defence, transport infrastructure, information technology and water supply.

Companies and assets meeting specified economic or operational thresholds could be designated as strategically important through government decisions.

For designated companies, the state would obtain pre-emption rights over certain shareholdings and assets, allowing it to acquire them under the same price and conditions as those offered by third-party buyers.

The draft also establishes notification requirements for proposed transactions and procedures through which the state could acquire assets, including in connection with outstanding public claims or insolvency proceedings.

Additional provisions address business continuity, including the transfer of contracts necessary for operating strategic assets and restrictions on the interruption of utility services under specified conditions.

The proposal follows a similar draft emergency ordinance previously published for public consultation by the Ministry of Economy.

With the interim government unable to adopt emergency ordinances, the parliamentary initiative provides an alternative legislative route for introducing these mechanisms. The parallel initiatives indicate that the proposed framework for protecting strategic companies and assets remains on the legislative agenda despite the current government-level constraints.

The parliamentary draft was submitted with a request for urgent procedure and is awaiting committee examination.

If adopted, the legislation could introduce additional state involvement in transactions and restructuring decisions concerning strategically important energy companies and infrastructure.

For affected companies and shareholders, the proposed pre-emption mechanism would create additional notification requirements and could extend transaction timelines, particularly where the state considers acquiring shares or assets.

The measures could also influence mergers and acquisitions, investment decisions and insolvency procedures involving designated strategic businesses.

However, the framework would not automatically apply to every company operating in the energy sector. Its application would depend on the proposed statutory thresholds and the subsequent designation of specific companies or assets by the Government.

The initiative is also relevant from an institutional perspective. Its progression through Parliament, alongside the existing draft emergency ordinance, demonstrates the possibility of pursuing significant economic intervention measures through parliamentary legislation when executive lawmaking is constrained.