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Electricity and natural gas consumption – scheme compensation

In the Official Gazette no.1143 of 27.11.2021 was published the Order MMPS / ME / MF no.1155 for the approval of the procedure and the terms of settlement of the amounts related to the compensation scheme, of the documents based on which the settlement is made, as well as of other measures necessary for the application of the provisions of the Government Emergency Ordinance no.118 / 2021 regarding the establishment of a compensation scheme for the consumption of electricity and natural gas for the cold season 2021-2022, as well as for the completion of the Government Ordinance no.27 / 1996 regarding the granting of facilities for people who live or work in some localities in the Apuseni Mountains and in the “Danube Delta” Biosphere Reserve.

Procedure and deadlines for settling the amounts related to the compensation scheme for household customers:

Starting with November 1, 2021, the suppliers of electricity and / or natural gas, hereinafter referred to as suppliers, apply in the issued invoices, the compensation scheme provided by the EMERGENCY ORDINANCE no. 118/2021 regarding the establishment of a compensation scheme for the consumption of electricity and natural gas for the cold season 2021-2022.

According to the procedure, the amounts as compensation are deducted from the total payment of the invoices issued by the supplier.

Based on the invoices issued in the previous month, the suppliers submit in electronic format on the portal ici.gov.ro or on a dedicated e-mail address, provided by the National Agency for Payments and Social Inspection, hereinafter referred to as the Agency, the application for settlement of the amounts related to the compensation, accompanied by the following documents:

  1. a) statement on one’s own responsibility and the summary by counties of the amount of the total compensation applied;
  2. b) the nominal situation of the compensation beneficiaries;
  3. c) csv analytical file with the operations underlying the settlement request.

The responsibility for the correctness and calculation of the amounts requested for settlement rests with the suppliers.

In case of monthly settlement, the documents provided above are submitted within 15 days from the end of the calendar month for which the settlement of the compensated and highlighted amounts in the invoices issued by the supplier is requested.

For the amounts granted as compensation for the period November 2021 – March 2022, the deadline by which their payment can be requested by suppliers is July 30, 2022.

Procedure and deadlines for the settlement of the amounts related to the compensation scheme for the beneficiaries of non-household final clients (SMEs, CMIs and other liberal professions, micro-enterprises, PFAs, I.I.s, I.F.s):

The beneficiaries of the compensation scheme provided in articol  1 para. (1) litera  b) —c) of the EMERGENCY ORDINANCE 118/2021 are the following categories of non-household final customers:

  1. small and medium-sized enterprises defined in Article 4 paragraph (1) letter b) and c) of Law no. 346/2004 on stimulating the establishment of small and medium-sized enterprises, with subsequent amendments and completions;
  2. micro-enterprises defined in Article 4 paragraph (1) letter a) of Law no. 346/2004 on stimulating the establishment of small and medium-sized enterprises, with subsequent amendments and completions;
  3. the individual medical offices defined in article 2 paragraph (1) of the Government Emergency Ordinance no. 124/1998 regarding the organization and functioning of the medical offices, with the subsequent modifications and completions;
  4. persons exercising liberal professions, regardless of the form of organization; an indicative list of the categories of liberal professions is provided in annex no. 1.4 to this procedure;
  5. individual enterprises defined in Article 2 letter g) of the Government Emergency Ordinance no. 44/2008 regarding the development of economic activities by the authorized natural persons, the individual enterprises and the family enterprises, with the subsequent modifications and completions; f) family enterprises defined in article 2 letter
  6. of the Government Emergency Ordinance no. 44/2008 regarding the development of economic activities by the authorized natural persons, the individual enterprises and the family enterprises, with the subsequent modifications and completions;
  7. the authorized natural persons defined in article 2 letter i) of the Government Emergency Ordinance no. 44/2008 regarding the development of economic activities by the authorized natural persons, the individual enterprises and the family enterprises, with the subsequent modifications and completions.

For the final customers provided above, the exemption from the payment, in the case of electricity, of the following components invoiced to the final consumers through the electricity bills during the application period is granted.

  1. the tariff for system services, the components of the transmission tariff for the introduction of electricity in the network (T_G) and for the extraction of electricity from the network (T_L), determined according to the regulations issued by the National Energy Regulatory Authority;
  2. the distribution tariff, which means the specific distribution tariffs established by the National Energy Regulatory Authority through the secondary legislation for the companies that perform electricity distribution services;
  3. the equivalent value of the green certificates, which means the amount determined according to the Order of the President of the National Energy Regulatory Authority no. 187/2018 for the approval of the Procedure for invoicing the green certificates;
  4. the contribution for high efficiency cogeneration determined according to the Order of the President of the National Energy Regulatory Authority no. 123/2017 on approving the contribution for high efficiency cogeneration and some provisions regarding its billing method, with subsequent amendments and completions;
  5. the amount representing the equivalent value of the excises for electricity established according to annex no. 1 of Title VIII – Excises and other special taxes from Law no. 227/2015 on the Fiscal Code, with subsequent amendments and completions.

For the final customers in the first paragraph of the procedure, the exemption is granted, in the case of natural gas, of the following components invoiced to the final consumers through the natural gas invoices during the application period:/

  1. the regulated costs, related to the natural gas transport, invoiced by the supplier to the final customer, established by the National Energy Regulatory Authority;
  2. the regulated costs, related to the distribution of natural gas, invoiced by the supplier to the final customer, established by the National Energy Regulatory Authority;
  3. the amount representing the equivalent value of the excises for natural gas established according to annex no.1 of title VIII – Excises and other special taxes from Law no.227/2015 on the Fiscal Code, with subsequent amendments and completions.

Please note that the items exempted from payment provided for in Article 1 (2) (b) (i) and (ii) of the Emergency Ordinance shall be deducted from the total payment of the invoice issued by the supplier.

Article 1

(2.) The support scheme referred to in paragraph 1 shall include the following measures:

……………………….

  1. b) for all economic operators, final customers, from the categories provided in paragraph (1) letters b) and c), for each place of consumption:

(i) the exemption, in the case of electricity, of the payment of the equivalent value of the regulated tariffs, respectively the tariff of introduction / extraction from the network, the distribution tariff, the tariff of system services, the transmission tariff, as well as the payment of green certificates, high efficiency cogeneration and excise;

(ii) exemption, in the case of natural gas, from the payment of the cost of transportation, distribution tariff and excise duty. “

In the case of the final customers mentioned above, who have concluded direct contracts for transmission and / or distribution of natural gas, the value of the invoices issued by the transmission and system operator and / or by the distribution operator will be settled by the Ministry. Energy, based on a request and related supporting documents.

Thus, according to the procedure, starting with November 1, 2021, the suppliers of electricity and / or natural gas apply in the issued invoices the compensation scheme provided by the emergency ordinance, for the consumption of electricity and / or natural gas registered by the final customers. provided above, beneficiaries of the provisions of the emergency ordinance.

Based on the invoices issued in the previous months, the suppliers submit to the Ministry of Energy the request for settlement of the amounts related to the compensation, accompanied by:

  1. a) request for settlement and declaration on the own responsibility of the legal representative;
  2. b) a centralizer comprising the amount of the total compensation applied and broken down by the categories of final customers.

If the same supplier requests the settlement of the compensation for both electricity and natural gas consumption, the centralizer is prepared separately for each category of services.

The responsibility for the correctness and calculation of the amounts requested for settlement rests with the suppliers.

Legal basis:

– OMMPS 1155/2021 for the approval of the procedure and terms of settlement of the amounts related to the compensation scheme, of the documents based on which the settlement is made, as well as of other measures necessary for the application of the provisions of the Government Emergency Ordinance no. 118/2021 regarding the establishment of a compensation scheme for the consumption of electricity and natural gas for the cold season 2021-2022, as well as for the completion of the Government Ordinance no. 27/1996 regarding the granting of facilities to the persons residing or working in some localities from the Apuseni Mountains and in the Biosphere Reserve “Danube Delta”;

– EMERGENCY ORDINANCE 118/2021 on the establishment of a compensation scheme for the consumption of electricity and natural gas for the cold season 2021-2022, as well as for the completion of Government Ordinance no. 27/1996 regarding the granting of facilities to the persons residing or working in some localities from the Apuseni Mountains and in the Biosphere Reserve “Danube Delta”.