Under what conditions can the energy “state of emergency” be decreed? What restrictive measures can be imposed?
It seems slightly unusual to me (but in line with the science of governance that Mr. Ilie Bolojan spoke so beautifully) that no one, from the rarefied spheres of power, as many as they are, bothers to explain to the paying public what the declaration of a state of energy emergency means and, according to European regulations, what restrictive measures it could bring in addition to the increasingly severe consequences of fuel price increases.
PHOTO Freepik
Strange, I say, precisely because, at the European level, the European Commission, looking primarily with concern at the explosion of natural gas prices, requested https://energy.ec.europa.eu/news/commission-calls-eu-countries-start-preparing-winter-amid-middle-east-energy-disruption-2026-03-23_en#:~:text=East%20ene rgy%20disruption-,Commission%20calls%20on%20EU%20countries%20to%20start%20preparing%20for%20winter,market%20circumstances%20and%20applying%20flexibilities two days ago to all Member States to start filling natural gas reservoirs in advance and to coordinate their preparations to face the complex prospects of ensuring consumption in the coming winter.
You can access here the entire block of European regulations https://energy.ec.europa.eu/topics/energy-security/gas-storage_en?prefLang=fr which our country is also obliged to comply with. With an extremely important specification: European decisions have already entered into force which, progressively but quickly, close the gates of supply from the Russian Federation, as can be seen from this set of European Council decisions https://www.consilium.europa.eu/en/policies/how-did-the-eu-respond-to-the-2022-energy-crisis/timeline-how-did-the-eu-respond-to-the-2022-energy-crisis/ .
At what point can a Member State declare a state of energy emergency?
In case the gas price exceeds 2.5 times the average of the last 5 years and is higher than 180 Euro/MWh or in case of extreme price volatility (which is exactly the situation we are in now).
In times of crisis, are we alone?
No, says European legislation because, starting this year, the declaration of a state of energy emergency by a Member State is based on what is an improved legislative framework, theoretically designed in such a way as to ensure the basis of solidarity between European countries.
An example and let's stick to the same area analyzed so far and you have here, again, the description of the legislative framework for the protection of European markets and the citizens of our countries https://eur-lex.europa.eu/FR/legal-content/summary/gas-supply-security-in-the-eu.html :
- In the case of natural gas, a Member State can declare that it is facing one of these three types of crisis:
- Early warning level : concrete and credible risk of major supply disruption
- Alert level : real disruption or exceptionally high demand but the national market in the respective Member State may still freeze the situation
- Emergency level (emergency level): the national market can no longer cope with the requests, in which case it is necessary to adopt special, non-commercial measures to protect the so-called
“protected customers” (households, essential social services).
Solidarity mechanisms
are absolutely mandatory and, attention, a Member State in such a crisis situation can ask for help from neighboring countries which, in this situation, must reduce the supply to its own customers who do not benefit from the special protection status (those in the industry, for example) in order to supply the necessary quantities of gas to consumers in the country that requires it, with a fair and adequate level of compensatory payments.
Two measures of particular interest: this year, the goal of filling stocks is maintained at 90% until November 1, 2026. There is also the provision that establishes a permanent mechanism for aggregating demand for natural gas at European level, precisely to avoid a state or commercial companies speculating on the crisis.
Unfortunately, I have not seen the Romanian Government or Parliament organize any debate along the lines of this extensive analysis document published at the end of last year through which the European Commission organized the first in-depth analysis of the state of health of energy systems in the EU https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52025SC0435&qid=1767610011921 , perhaps now more necessary than never to enter the public debate in Romania, precisely in the idea of seeing why so many (unallowed) hesitations in decision-making and, before anything else, the current state of Romania's energy supply which, at this time, imports 70% of its annual needs. And this, in the current situation, is even a critical vulnerability. To begin with, perhaps, the preparedness plans in the field of electricity risks that our country was obliged to present to Brussels before January 5 should be analyzed https://energy.ec.europa.eu/topics/energy-security/security-electricity-supply_en#:~:text=These%20seasonal%20supply%20outlooks%20help,(EU)%202019/941.
What can a Member State do after declaring a state of emergency? Here are three of them that can be applied under the control of the European Commission:
- It can activate so-called “suspension clauses” in the case of certain imports to guarantee social security
- It can use the European provisions regarding, for example, the flexibility regarding mandatory gas stocks to reduce, if necessary, the minimum mandatory level of filling the tanks
- It can impose cuts in industrial sectors considered non-essential.
The decisions that are now being prepared at the European level should (anyway, should have) be put into public discussion from us because it is about long-term and very long-term policies that will determine the type of development and the future partners of the EU and each individual Member State. It is far too important, I think, for the discussion to remain stuck to the minor interests of some groups of politicians, but it would be normal for it to be assumed as a national one, taken into account.
Finally, a question: in case of need, which neighbors should we turn to with the certainty that they will apply the European regulations?
