SME declaration and request for energy facilities

ARTICLE  1

 

(1) By way of derogation from the provisions of Article 80(2) of the Electricity and Natural Gas Law no. 123/2012, as subsequently amended and supplemented, for consumption during the period from 1 September 2022 to 31 August 2023, the final invoiced price capped by electricity suppliers shall be:

c) maximum 1 leu/kWh, VAT included, for 85% of the average monthly consumption at the place of consumption in 2021, in the case of small and medium-sized enterprises, as defined in Law No 346/2004 on the stimulation of the establishment and development of small and medium-sized enterprises, with subsequent amendments and additions, hereinafter referred to as SMEs, of economic operators in the food industry, on the basis of the affidavit of the legal representative. The difference in monthly electricity consumption shall be invoiced in accordance with Article 5(1).

(1) In order to benefit from the facilities provided for by this Government Emergency Ordinance as from 1 September 2022, the beneficiaries referred to in Article 1(1)(c)-(e) of Government Emergency Ordinance No. 27/2022, approved with amendments and additions by Law No. 206/2022, with subsequent amendments and additions, are required to submit to the electricity supplier an application accompanied by an affidavit within a maximum of 30 days from the date of entry into force of this Emergency Ordinance. The models for the application and for the declaration of responsibility are set out in Annexes 4 and 5, which form an integral part of this Emergency Ordinance.

 

(2) Beneficiaries falling under the provisions of Article 1(1)(c)-(e), who have not submitted their application accompanied by an affidavit within the time limit laid down in paragraph 1, as well as those set up after 1 September 2022, shall benefit from the provisions of this Emergency Ordinance from the 1st of the month following their submission to the supplier.

 

Annex no. 4

DECLARATION ON OWN RESPONSIBILITY

The undersigned, ……………………………….., as administrator/legal representative of   …………………., with registered office in …………………….., Str. ……………………… No. ……….., county/sector  ………………………., identified with identity card series ………. no. …………….., – Personal Identification Number   ………………….., being aware of the provisions of Article 326 of the Criminal Code regarding false statements, I declare on my own responsibility that the institution/economic operator that I manage/represent falls under the provisions of Article 1 paragraph (1) letter c)/d)/e) (please indicate the category of potential beneficiary) of the Emergency Ordinance OUG no. 27/2022 on the measures applicable to final customers in the electricity and natural gas market during the period from 1 April 2022 to 31 March 2023, and for amending and supplementing certain regulatory acts in the field of energy, approved with amendments and additions by Law No 206/2022, as amended

 

Name and surname of administrator/legal representative (in clear) ………………

Signature …………………………

Date ………………………………..

 

Annex no. 5

 REQUEST

To: ……………………..

(To be completed with the name of the electricity supplier)

 

The undersigned, ……………….., with registered office in   ………………………….., Str. …………………… No. …………………………………/county………………………………, sector………………., tax identification code (…), represented by ………….., as administrator/legal representative of ………….., identified with identity card series …… no. …….., Personal number code ……………………………….., request the application of the provisions of Article 1(1)(c)/(d)/(e) (specify the category of potential beneficiary) of OUG No 27/2022 on the measures applicable to final customers in the electricity and natural gas market for the period from 1 April 2022 to 31 March 2023, and for amending and supplementing certain regulatory acts in the field of energy, approved with amendments and additions by Law No 206/2022, as subsequently amended and supplemented

Name and surname of administrator/legal representative (in clear) ………………

Signature …………………………

Date ………………………………..