Price and fuel export control: What emergency ordinance 19/2026 brings

Through Government emergency ordinance no. 19/2026 on declaring a crisis situation on the crude oil and/or petroleum products market, namely gasoline and diesel, and for instituting measures to protect the economy and population during the crisis situation, as well as for amending Government emergency ordinance no. 12/2026 on measures applicable to household customers in the natural gas market during April 1, 2026 – March 31, 2027, published in Official Gazette no. 237 of March 26, 2026, temporary measures are introduced to stabilize the fuel market and protect consumers and the economy.

What it stipulates

The Government has declared a crisis situation on the crude oil, gasoline, and diesel market, valid until June 30, 2026, with the possibility of extension. During this crisis, a limitation on the average commercial markup for gasoline and diesel is imposed. Specifically, between April 1 and June 30, 2026, the average value of the commercial markup in the refining, wholesale, and retail segments (excluding exports and intra-community deliveries) cannot exceed the average annual value practiced by each economic operator in 2025. For companies established in 2025 with activity under 12 months, the limit refers to the average of the activity period in 2025. The commercial markup is defined as the difference between sales revenue and acquisition/production cost, according to accounting records. This limitation applies to every operator in the import, production, distribution, and commercialization chain.

Another important measure targets the restriction of exports and intra-community deliveries of diesel and crude oil. During the crisis situation, economic operators can carry out these operations only with prior written consent, issued by the Ministry of Economy, Digitization, Entrepreneurship and Tourism and the Ministry of Energy. The procedure for obtaining this consent will be established by a joint order of the two ministries. Non-compliance with this obligation entails substantial fines, up to 10% of the annual turnover, plus confiscation of goods.

Also, the emergency ordinance introduces a temporary derogation from the obligations regarding biofuel content. During the crisis situation, economic operators can commercialize gasoline with a minimum biofuel content of 2% by volume, offering operational flexibility in the context of supply. The normative act also brings amendments to Government emergency ordinance no. 12/2026, regarding measures applicable to household customers in the natural gas market, primarily targeting the mechanism for allocating gas quantities and recalculating minimum stocks for suppliers and heat energy producers.

Non-compliance with the commercial markup ceiling or reporting obligations entails contraventional sanctions, including fines of up to 1% of the annual turnover for the commercial markup and up to 0.5% of the annual turnover for non-compliance with reporting obligations. The ascertainment and sanctioning of these acts fall under the competence of the National Authority for Consumer Protection, the Competition Council, and the National Agency for Fiscal Administration, depending on the specific nature of the act.

To whom it applies

The provisions apply to all economic operators involved in the value chain of crude oil, gasoline, and diesel in Romania: importers, producers (refineries), wholesale distributors, and retail traders. Also targeted are companies that carry out exports or intra-community deliveries of diesel and crude oil. The amendments to Government emergency ordinance no. 12/2026 address natural gas producers and suppliers, as well as heat energy producers serving household customers.

When it enters into force

The crisis situation was declared starting from the date of publication of the emergency ordinance (March 26, 2026) and is valid until June 30, 2026.

The commercial markup limitation enters into force on April 1, 2026, and applies until June 30, 2026.

Restrictions regarding export and intra-community deliveries, as well as the derogation concerning biofuels, are applicable for the duration of the crisis situation.

Articles regarding sanctions and reporting obligations (Art. 6 and 7) enter into force 5 days from the date of publication of the emergency ordinance, i.e., on March 31, 2026.

Key deadlines for compliance:

The order of the ANAF president regarding the method of communicating the commercial markup from 2025: within 3 working days from March 26, 2026.
Communication of the average annual value of the commercial markup to ANAF: within 5 days from the publication of the ANAF order.
The joint order of the Ministry of Economy and the Ministry of Energy regarding the prior consent procedure for exports: within 5 days from March 26, 2026.
Joint instructions regarding the monthly reporting methodology: within 15 days from March 26, 2026.
Submission of monthly reports: within a maximum of 20 calendar days from the end of the reporting month.

What you need to do

Accurately calculate the average annual value of the commercial markup for gasoline and diesel, practiced in 2025.
Monitor the publication of the ANAF president’s order to comply with the deadline for communicating the commercial markup from 2025.
Review and adjust pricing strategies and commercial margins for gasoline and diesel, ensuring compliance with the imposed ceiling.
Obtain prior written consent from the Ministry of Economy and the Ministry of Energy for any export or intra-community delivery operation of diesel and crude oil.
Follow the publication of the joint order of the ministries for the procedure to obtain export consent.
Evaluate the impact of the derogation regarding biofuel content on gasoline production and commercialization processes.
Prepare for the monthly reporting obligation to the Competition Council, ANAF, ANPC, and the Ministry of Energy, by monitoring the publication of the reporting methodology.
Ensure that all data and information submitted to the authorities are complete, accurate, and do not mislead, to avoid sanctions.

Published in Official Gazette, Part I, no. 237 of March 26, 2026.

Note: This material is for general informational purposes and does not constitute legal, tax, or business advice. The application of legal provisions may vary significantly depending on the specific circumstances of each company. We recommend seeking dedicated legal advice before implementing any operational decisions based on these changes.