The Government approved, on Thursday, the emergency ordinance regarding the declaration, during the period April 1 - June 30, of a crisis situation on the crude oil and petroleum products, gasoline and diesel market.
The ordinance establishes measures to protect the economy and the population during the crisis situation.
"The period of application of these solutions may be successively extended for periods of no more than 3 months, as long as the circumstances that determined the crisis situation persist. The impact of the implementation of the normative act will be periodically evaluated to allow the adjustment of the measures, depending on market developments", reads a press release from the Government.
The crisis situation is declared based on Government Emergency Ordinance no. 84/2022 on combating speculative actions, approved by Law no. 322/2024, the cited source shows.
According to those approved, measures will be established to limit the commercial markup practiced by economic operators that produce, import, distribute and/or market gasoline, diesel to the average value of the commercial markup practiced in 2025 by each economic operator, with the exception of exports and intra-community deliveries.
"The measure aims to discourage possible inappropriate behavior of economic operators and potential speculative tendencies, which would lead to unjustified price increases for these products", the Government informs.
The average annual value of the commercial markup for 2025, as well as the calculation that determined the value, shall be communicated to the National Agency for Fiscal Administration (ANAF).
The method of communication will be established by order of the President of ANAF, issued within 3 working days from the date of entry into force of this ordinance, and within 5 days from the date of publication of the order, economic operators shall communicate the average annual value of the commercial mark-up.
"In the event of commercial mark-ups exceeding the limits provided for in the regulatory act, fines of between 0.5% and 1% of the turnover achieved in the year prior to the sanction will be applied", the cited source also mentions.
At the same time, this emergency ordinance introduces the possibility for economic operators to reduce the biofuel content of the volumes of gasoline placed on the market from 8% to a minimum of 2% for gasoline, during the period of application of the protective measures.
"The application of this measure leads to avoiding the risk that economic operators will encounter difficulties in simultaneously ensuring the necessary volumes of fuels and complying with the requirements regarding the biofuel content, which would lead to dysfunctions in the supply of the domestic market," the Government specifies.
Also, in order to ensure the domestic consumption needs, the export of diesel and crude oil will be carried out only after obtaining the agreement of the ministry with responsibilities in the economic field and the relevant ministry.
"Specifically, during the crisis situation, the conclusion and/or execution of contracts for the export and/or intra-community delivery of diesel and crude oil may be carried out by economic operators exclusively with the prior written consent issued by the Ministry of Economy, Digitalization, Entrepreneurship and Tourism and the Ministry of Energy. Obtaining a prior consent for the realization of intra-community exports/sales of diesel and crude oil is determined by the existence of a structural imbalance in the national market for petroleum products, characterized by a surplus of gasoline and a deficit of diesel oil. This condition will subsequently be regulated through a procedure for issuing the respective consent by order of the Minister of Economy, Digitalization, Entrepreneurship and Tourism and the Minister of Energy", the Government further informs.
Sanctions are also introduced, so that "exports carried out without the necessary permits will be sanctioned with a fine between 5% and 10% of the turnover, as well as with the complementary measure of confiscation of the goods intended, used or resulting from the contraventions".
The ordinance also contains some amendments regarding the natural gas market, in order to "eliminate legal ambiguities and the risk of non-unitary interpretation, ensure the correct delimitation of the attributions of public institutions, avoid dysfunctions in the implementation of the natural gas allocation mechanism, prevent the emergence of imbalances between market participants and reduce the risk of litigation generated by the unclear application of legal provisions", the Government also mentions.
According to the cited source, in the absence of these legislative interventions, there would have been risks regarding ensuring continuity in consumer supply and operational blockages in the natural gas market.
In this regard, the main amendments regarding natural gas are: establishing a clear mechanism for the proportional distribution of available quantities, depending on the estimated consumption of each supplier's customers; introducing detailed provisions regarding the breakdown of quantities by consumption categories; establishing explicit calculation rules, including: determining minimum stocks, calculating the differences between estimated consumption and allocated quantities, recalculating quantities depending on consumption trends.
Other amendments aim to regulate a mechanism for periodic recalculation and adjustment, based on data transmitted by market operators, establishing obligations regarding the transmission and updating of data between producers, suppliers and competent authorities.
"The normative act adopted by the Government also establishes a mechanism for verifying the application of these provisions by state institutions, and, in the event of a violation of the measures, a set of contraventions that will be implemented", the Executive also points out.
Thus, for the implementation of the emergency ordinance, economic operators, natural or legal persons, are obliged to submit monthly reports to the Competition Council, the National Agency for Fiscal Administration, the National Authority for Consumer Protection and the Ministry of Energy, within 20 calendar days from the end of the reporting month, on the manner of application of the provisions of the normative act, including data and information regarding the prices charged.
At the Government level, the working group established to identify and promote solutions to protect citizens and the economy in the context of the fuel crisis will continue to monitor the international situation and propose new measures adapted to the global situation, the cited source also mentions.
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