In the Official Gazette (Part I) no. 79 of January 26, 2022, EMERGENCY ORDINANCE 3 was published for the modification and completion of EMERGENCY ORDINANCE no. 118/2021 regarding the establishment of a compensation scheme for the consumption of electricity and natural gas for the season. cold 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”.
Thus, starting with February 1, the EMERGENCY ORDINANCE no. 3/2022 enters into force, which includes the new measures regarding the compensation of energy bills.
It is important to note that the support scheme is valid until March 31, 2022 and aims to pay energy and gas bills for individuals and companies.
Thus, for the consumption made between February 1, 2022 – March 31, 2022, the prices for electricity and natural gas are capped, for domestic customers, as follows:
- a) the final invoiced price of electricity is capped at a maximum of 0.8 lei / kWh, VAT included, of which the price component of electricity will be worth a maximum of 0.336 lei / kWh;
- b) the final invoiced price of natural gas is capped at a maximum of 0.31 lei / kWh, VAT included, of which the price component of natural gas will be worth a maximum of 0.200 lei / kWh.
The maximum consumption limit for the period of application of this emergency ordinance, for domestic customers is:
- a) 900 kWh of electricity, allocated in monthly installments, according to the annex;
- b) the equivalent in kWh of 1,200 m3 of natural gas at a conversion factor of 10.6 kWh per m3, allocated in monthly installments.
For consumption made between February 1 and March 31, 2022, the prices for electricity and natural gas are capped for non-household customers, as follows:
- a) the final invoiced price of electricity is capped at a maximum of 1 lei / kWh, VAT included, of which the price component of electricity will be worth a maximum of 0.525 lei / kWh;
- b) the final invoiced price of natural gas is capped at a maximum of 0.37 lei / kWh, VAT included, of which the price component of natural gas will be worth a maximum of 0.250 lei / kWh.
The limits provided represent the final price invoiced for the final customer, including:
- a) for electricity – the price component of electricity, excise, regulated transmission and distribution tariffs, system services, green certificates, the contribution of high energy efficiency cogeneration, supply costs and VAT;
- b) for natural gas – the price component of natural gas, the transport cost, the storage tariff, the excise duty, the distribution tariff, the supply costs and the VAT.
Important! The price component of electricity and the price component of natural gas do not include VAT.
According to article 7 of EMERGENCY ORDINANCE 3/2022, the difference between the weighted average price for ongoing procurement contracts with delivery between November 1, 2021-January 31, 2022 and the maximum limit of 250 lei / MWh, representing the price of natural gas, to cover the consumption of the clients provided in article 1 paragraph (1) letters a), d), e) and f), will be compensated from the state budget, through the budget of the Ministry of Energy.
The categories of customers referred to in Article 1 (1) (a), (d), (e) and (f) shall be:
- a) household customers; …………………………….
- d) public and private hospitals;
- e) non-governmental organizations regulated by law, as well as religious units;
- f) public and private providers of social services provided in the Nomenclature of social services.
The difference between the weighted average price for procurement contracts in progress with delivery between November 1, 2021 – January 31, 2022 and the maximum limit of 525 lei / MWh, representing the price of active electricity, to cover the consumption of customers referred to in Article 1 paragraph (1) letters a), d), e) and f), will be compensated from the state budget, through the budget of the Ministry of Energy.
The difference between the weighted average price for ongoing procurement contracts with delivery between February 1, 2022 and March 31, 2022 and the maximum limit of 200 lei / MWh, representing the price of natural gas, respectively 336 lei / MWh, representing the price of electricity, to cover the consumption of the clients provided in article 1 paragraph (1) letter a), will be compensated from the state budget, through the budget of the Ministry of Energy.
The difference between the weighted average price for ongoing procurement contracts with delivery between February 1, 2022 – March 31, 2022 and the maximum limit of 250 lei / MWh, representing the price of natural gas, respectively 525 lei / MWh, representing the price of electricity, to cover the consumption of the clients provided in article 61 paragraph (1), will be compensated from the state budget, through the budget of the Ministry of Energy.
As an exception, between November 1, 2021 and January 31, 2022, the difference between the purchase price of electricity / natural gas and the limit of 525 lei / MWh of electricity, respectively 250 lei / MWh of natural gas, related to the consumption of incoming customers will be compensated. in the portfolio of electricity / natural gas suppliers in the last resort regime between November 1, 2021 and January 31, 2022, during the last resort regime.
As an exception to the provisions of Article 1, paragraph (3), for household customers, between February 1, 2022 and March 31, 2022, the difference between the purchase price of electricity / natural gas and the limit of 336 lei / MWh of electricity will be compensated. , respectively 200 lei / MWh of natural gas, related to the consumption of domestic customers entered in the portfolio of electricity / natural gas suppliers in the last resort regime between February 1, 2022 – March 31, 2022, during the last resort regime.
By exception from the provisions of Article 1, paragraph (4), for non-household customers between February 1, 2022 – March 31, 2022 will be compensated the difference between the purchase price of electricity / natural gas and the maximum limit of 250 lei / MWh, representing the price natural gas, respectively 525 lei / MWh representing the price of electricity, related to the consumption of non-household customers entered in the portfolio of electricity / natural gas suppliers in the last resort regime between February 1, 2022 – March 31, 2022, during the last resort regime.
We emphasize that the beneficiaries, final customers as affected consumers, as a result of a request submitted by them to suppliers or as a result of findings made by the competent authorities or suppliers, have the right to remedial measures, as follows:
- the recalculation of the invoices drawn up in non-compliance with the provisions of this emergency ordinance and their re-issuance without payment of accessories determined according to the supply contract;
- the refund of the differences of amounts established erroneously and paid to the electricity / natural gas suppliers, respectively to the distribution operators who resell electricity to the final customers, within a reasonable term that cannot exceed 5 calendar days from the date of finding.
The recalculation of the invoices under the conditions letter a) is carried out within 15 days from the moment of the request submitted by the consumer or from the date of the findings made by the competent authorities or suppliers, the payment term of the invoice being extended by this duration.
It is forbidden to charge penalties and / or stop the supply for non-payment of incorrectly prepared invoices.
Examples of calculation when granting compensation for electricity and gas:
Table 1. Electricity
| Month and year | November 2021 (30 days) | December 2021 (31 days) | January 2022 (31 days) | February 2022 (28 days) | March 2022 (31 days) |
| Reference daily consumption (kWh) | 9,93 kWh | 9,93 kWh | 9,93 kWh | 16,72 kWh | 16,72 kWh |
| Daily reference consumption with maximum deviation of 10% (kWh) | 10,92 kWh | 10,92 kWh | 10,92 kWh | 18,39 kWh | 18,39 kWh |
| Maximum monthly consumption (kWh) (+ maximum 10%) | 297,9 kWh (327,69 kWh) | 307,83 kWh (338,61 kWh) | 307,83 kWh (338,61 kWh) | 468,16 kWh (514,97 kWh) | 518,32 kWh (570,09 kWh) |
Table 2. Natural gas
| Month and year | November 2021 | December 2021 | January 2022 | February 2022 | March 2022 |
| Reference daily consumption (kWh) | 54,97 kWh | 77,6 kWh | 89,11 kWh | 132,94 kWh | 111,37 kWh |
| Average monthly consumption (kWh), including deviation of 10% | 1649,05 kWh | 2405,61 kWh | 2762,51 kWh | 3722,40 kWh | 3452,49 kWh |
| Average monthly consumption (m3), including deviation of 10% | 155,57 mc | 226,94 mc | 260,61 mc | 351,17 mc | 325,71 mc |
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Useful mention: Starting with February 1, 2022, household customers, beneficiaries of financial aid for vulnerable energy consumers, granted under Law no. 226/2021 on establishing social protection measures for vulnerable energy consumers, with subsequent amendments, in case the compensation provided by this emergency ordinance is higher than the amount of aid granted to vulnerable consumers based on the provisions of Articles 7 and 25 of Law no. 226/2021, with subsequent amendments, benefits from the compensation provided for in Article 1 paragraph (2) letter a) of the EMERGENCY ORDINANCE no. 118/2021, approved with amendments and completions by Law no. 259/2021, with subsequent amendments and completions , as amended and supplemented by this emergency ordinance, calculated as the difference between the compensation provided for in Article 1 paragraph (2) letter a) of the EMERGENCY ORDINANCE no.118 / 2021, approved with amendments and completions by Law no.259 / 2021, with subsequent amendments and completions, as amended and supplemented by this emergency ordinance, and the level of aid ac ordered for the same household customer as a vulnerable consumer.
Compensation of the vulnerable consumer is made in compliance with the maximum consumption limits provided in Article 3 paragraph (1) of the EMERGENCY ORDINANCE no. 118/2021, approved with amendments and completions by Law no. 259/2021, with subsequent amendments and completions, as amended and supplemented by this emergency ordinance.
Legal basis:
– EMERGENCY ORDINANCE 3/2022 for amending and supplementing the Government Emergency Ordinance no. 118/2021 on establishing a compensation scheme for the consumption of electricity and natural gas for the cold season 2021-2022, as well as for completing 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”;
– Law 123/2012 on electricity and natural gas;
– Emergency Ordinance 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”.