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Law No. 99 Of 6 June 2000

Original Language Title:  LEGE nr. 99 din 6 iunie 2000

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LEGE no. 99 99 of 6 June 2000 for approval Government Emergency Ordinance no. 29/1998 on the establishment, organization and functioning of the National Energy Regulatory Authority-ANRE
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 256 256 of 8 June 2000



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 29 29 of 22 October 1998 on the establishment, organization and functioning of the National Energy Regulatory Authority-ANRE, published in the Official Gazette of Romania, Part I, no. 407 of 27 October 1998, with the following amendments and additions: 1. In Article 1, paragraphs 1 and 2 shall read as follows: "" Art. 1. -(1) The National Energy Regulatory Authority is established, hereinafter referred to as ANRE, a public institution of national interest, with legal personality, subordinated to the Government, based in Bucharest. (2) The financing of the ANRE activity is fully ensured from extra-budgetary income obtained from tariffs for the granting of licenses and permits, as well as from contributions of international bodies or economic agents, according to art. 70 lit. c) of Law no. 72/1996 72/1996 on public finances. " 2. Article 3 shall become Article 4. 3. Article 4 becomes Article 3 and shall read as follows: "" Art. 3. -(1) ANRE is organized and operates on the basis of the organization and functioning regulation, approved by Government decision. ((2) ANRE is structured on specialized compartments, according to the competences and the organization and functioning regulation approved by the Government. " 4. Article 5 shall read as follows: "" Art. 5. -ANRE is empowered with the following powers and duties: 1. issue binding regulations for economic agents in the sector, necessary for the efficient and transparent functioning of the national electricity system; 2. issue, grant, modify, suspend or withdraw permits and licenses for existing economic agents in the electricity and thermal energy sector, as well as for those who will appear as a result of the opening of the electricity and thermal energy market; 3. establishes the methodology for calculating the prices and tariffs applicable to natural monopoly activities in its field of activity, with the opinion of the Competition Office, having regard to the protection of the interests of consumers of electricity and thermal; 4. establishes, with the opinion of the Competition Office, the prices and tariffs applied to captive consumers, those practiced by the concession of public activities or services in the sector, prices and tariffs charged between economic operators within the the sector, tariffs for system services, transmission and distribution of electricity through the national electricity system, as well as prices and tariffs charged for the services related to the production and distribution of energy thermal; 5. establishes and approves the framework contracts between economic agents in the sector regarding the sale, acquisition, transport, dispatching and distribution of electricity and heat, as well as those for the supply of electricity and heat to final consumers; 6. organizes the tenders under the law, negotiates and concludes concession contracts, as concedent, in the electricity and thermal energy sector and can appeal to specialized agents in the field of concession; 7. lays down the calculation of the fees for the concessions granted; 8. approves the programming regulation in the national electricity system; 9. approves the technical codes of the transmission and distribution networks, developed by the National Electricity Company S.A. and other economic agents in the sector; 10. develop requirements, criteria and procedures for the eligibility of electricity consumers and grant eligible consumer licenses; 11. approves the mandatory technical and commercial rules for economic agents in the electricity and thermal energy sector; 12. exercises control over compliance by economic agents in the sector with the regulations issued, the price system and tariffs in force, as well as the fulfillment of the provisions of concession contracts and applies sanctions in the case non-compliance; 13. elaborates the methodology for the resolution of pre-contractual disagreements and resolves the misunderstandings related to the conclusion of contracts between economic agents in the sector and contracts for the supply of electricity and heat; 14. elaborates the tracking and control methodology in order to comply with the economic agents in the electricity and thermal energy sector of the price and tariffs system; 15. elaborates, in accordance with the legal provisions, the regulation of finding, notification and sanctioning of deviations from the regulations issued in the field; 16. pursues the conclusion and observance, under the law, of contracts between investors and authorities and bills itself in order to protect investors; 17. pursues the application of performance and quality standards in the field of services specific to the electricity and thermal energy sector and proposes, whenever it finds inconsistencies, their adaptation; 18. proposes to the Government measures to prevent and eliminate the abuse of dominant position on the market whenever it finds non-compliance with the regulations on competition and transparency; 19. creates a necessary database in order to carry out its activity and to provide information to other authorities in the development of the development strategy of the electricity and thermal energy sector, as well as in relation to the trade activity international electricity and international practices in the field. The non-secret and confidential data may be released with the opinion of the Ministry of Industry and Trade; 20. elaborates, within 30 days from the date of entry into force of the law, the regulation of organization and its own functioning and establishes the responsibilities of the personnel, in accordance with the legal provisions in force; 21. continuously instructs and perfects its own staff, including with foreign technical assistance; 22. informs the Government of its own activity, through annual reports that are released; 23. oversees the application and observance of measures established for environmental protection by all participants in activities in the energy sector; 24. pursues Romania's foreign trade activities in the energy sector, proposing to the Government measures to prevent the country's dependence on electricity imports; 25. pursues the structure of electricity and heat production, giving priority to the valorization of internal coal production, the development of hydropower potential, the promotion of electricity production in hydroelectric power plants, production combined electricity and heat and unconventional sources of energy-solar, wind, geothermal, biomass, biogas-in the production of electricity and heat; 26. pursues and proposes to the Government measures in relation to the situation of the safety stocks of the national electricity system to the primary resources of coal energy, fuel oil and volume in the reservoirs; 27. endorses the contracts for the transit of electricity through the national electricity system of Romania, at the proposal of the National Electricity Company-S.A.; 28. collaborates with the Ministry of Industry and Commerce and the Romanian Energy Conservation Agency to develop proposals for strategies and policies in the field of energy; 29. regulates non-discriminatory access to the network for independent producers and eligible consumers, stimulating competition in the supply of electricity and heat. " 5. Article 6 shall be repealed. 6. Article 8 shall be repealed. 7. In Article 9, paragraphs 1, 4, 5 and 6 shall read as follows: "" Art. 9. -(1) The activity of ANRE is led by a president, appointed by decision of the Prime Minister for a period of 4 years. ..................................................................... (. In the exercise of his duties the President shall issue orders and decisions (5) The orders of general interest for economic agents in the sector shall be published in the Official Gazette of Romania. (6) The orders and decisions taken by the President in the exercise of his duties may be appealed in administrative litigation to the Bucharest Court of Appeal, within 30 days from the date on which they were notified to the interested parties or from the date their publication in the Official Gazette of Romania, if they are of general interest. " 8. Article 10 shall read as follows: "" Art. 10. --(1) The activity of ANRE is supported by an advisory board of 9 members appointed by order of the President of ANRE, of which 3 specialists from the units of the Ministry of Industry and Commerce, a member of the associations Energy professional, a member of the local public administration, a specialist member from research-design in the field of energy and 3 specialist members from the energy-intensive and thermal energy units. (2) The advisory council supports the harmonization of the interests of economic agents in the sector with those of electricity and heat consumers, assesses the impact of ANRE regulations and makes proposals to improve them, according the regulation of organization and functioning of ANRE. " 9. In Article 13, paragraph 1 shall read as follows: "" Art. 13. --(1) ANRE shall draw up annually the own budget of revenue and expenditure in accordance with the methodological norms developed by the Ministry of Finance. " 10. Article 16 shall read as follows: "" Art. 16. -(1) Within 4 months from the date of entry into force of this emergency ordinance ANRE issues the regulation on the granting of licenses and authorizations in the electricity and thermal energy sector, through which the procedures, deadlines and the conditions for granting them. (2) The economic agents of the sector shall be obliged to apply for the license no later than 6 months after the issuance of the regulation provided in par. ((1). (3) Within one year after the entry into force of this Emergency Ordinance ANRE will issue regulations on the establishment of tariffs for the distribution and sale of thermal energy. " 11. Annex no. 2 2 will have the following contents: "" ANNEX No 2 Definitions of specific terms . Electrical and thermal energy sector-all activities of planning, development, construction, operation and maintenance of installations for the production, transmission, distribution and supply of electricity and heat, including import and the export of electricity, as well as electricity exchanges with the electropower systems of neighbouring countries. . Code-collection of regulations for a specific field of activities or installations within the electricity and thermal energy sector. . Supplier-natural or legal person of private law, Romanian or foreign, who provides electricity or heat supply to a consumer. . Consumer (final) of electricity-natural or legal person of private law, Romanian or foreign, who buys electricity for the purpose of obtaining services from its use. . Access to the network-the right of an electric power producer or an eligible consumer to connect to the electric transmission network belonging to the National Electricity Company-S.A., as well as any consumer to connect-in the conditions required by the technical rules-to the distribution power grid. . Eligible consumer-the electricity consumer who has the right to choose his supplier and to directly contract with him the necessary energy, having access to transport and/or distribution networks. . Captive consumer-the consumer who, for reasons of network configuration, is obliged to contract the supply of energy with a given distributor. . Authorization-permission granted to a natural or legal person of private law, Romanian or foreign, to build, put and maintain in operation or to modify a production, transport, storage, dispatching, distribution plant Electric and thermal energy. . License-permission granted to a natural or legal person of private, Romanian or foreign law, commercial exploitation of authorized installations, production, transport, storage, dispatching, distribution of electricity and heat, as well as and intermediation in the marketing of electricity or heat. " This law was adopted by the Chamber of Deputies at the meeting of May 8, 2000, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. ROOM PRESIDENT DEPUTIES, BOGDAN NICULESCU-DUVAZ This law was adopted by the Senate at the meeting of 8 May 2000, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA -------------