ANRE – deadline for transmitting the turnover of energy companies

Energy companies must transmit to the Romanian Energy Regulatory Authority (ANRE), by 20 February, the turnover estimated for the previous year for activities specific to licenses, based on which the 2% contribution will be calculated, otherwise following to pay depending on the last turnover reported to the Ministry of Finance, according to a draft order launched for public debate on 15 January by the energy market watchdog.

The 2% contribution was introduced by GEO 114/2018, approved by the Government of Romania on 21 December 2018.

“Holders of licenses granted by ANRE in the field of electricity and/or natural gas have the obligation to pay annually to ANRE a monetary contribution equal to 2% of the turnover achieved in the previous year from activities subject to licenses granted. Holders of licenses granted by ANRE in the field of electricity and heat in cogeneration have the obligation to pay annually to ANRE a monetary contribution equal to 2% of the turnover achieved in the previous year from activities subject to licenses granted for the electricity component,” the quoted document reads.

“License holders shall communicate to ANRE, by official letter signed by the legal representative or by a person empowered by it, by 20 February, the turnover value estimated to be achieved in the previous year from activities subject to licenses held. In the event where the license holders fail to comply with the deadline referred to in para. (1), ANRE shall calculate the contribution owed based on the last turnover reported to the Ministry of Finance,” the mentioned draft provides.

In case of failure to pay on the due date the invoices related to the contribution, i.e. within 20 days of their issue, an amount equal to the level of interests and delay penalties owed for failure to pay budgetary obligations in due time will be charged.

To adjust the monetary contribution owed, license holders will transmit to ANRE, by the deadline provided by the law for the submission of annual financial statements to the fiscal administration authority in Romania, the turnover achieved in the previous year from activities subject to the license and the financial statements related to the previous year registered with the fiscal administration authority in Romania.

Adjustment of the monetary contribution consists of invoicing the difference between the value of the contribution initially invoiced at the beginning of the year and the value of the contribution determined based on the turnover achieved.

The license holder has the obligation to answer to notifications issued by ANRE regarding the correctness and completeness of data within 10 working days of receipt of the notification. In the event of failure to submit the requested data within the deadline referred to in point 10 or of erroneous submission thereof following the receipt of the notification, ANRE will adjust the contribution owed based on the last turnover reported to the Ministry of Finance.

Adjustment of the monetary contribution will be carried out during 1 June – 31 December of the current year.

ANRE expects proposals and observations within 10 days of publication of the draft order.