Law No. 99 Of 6 June 2000

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

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Law No. 99 of 6 June 2000 approving the Emergency Ordinance of Government No. 29/1998 on the establishment, organization and functioning of the national regulatory authority in the field of energy-AGENCY ISSUER published in PARLIAMENT OFFICIAL GAZETTE nr. 256 of 8 June 2000, the Romanian Parliament adopts this law.


The sole article approving Government Emergency Ordinance nr. 29 of 22 October 1998 on the establishment, organization and functioning of the national regulatory authority in the field of energy-, published in the Official Gazette of Romania, part I, no. 407 of 27 October 1998, with the following amendments: 1. In article 1, paragraphs (1) and (2) shall read as follows: Art. 1.-(1) the authority Shall establish the national energy regulatory AGENCY, called further, public institution of national interest, with legal personality, subordinated to the Government, based in Bucharest.

(2) the financing activity of ANRE ensure entirely from extrabudgetary revenues obtained from charges for the granting of licenses and authorizations, as well as contributions from international organizations or of economic operators under art. 70 lit. c) of law No. 72/1996 on public finances. "
  

2. Article 3 shall become article 4.
3. Article 4 shall become article 3 shall read as follows: Art. 3.-(1) the AGENCY is organized and operates on the basis of organisation and functioning regulation, as approved by decision of the Government.

(2) the AGENCY is structured around the specialized compartments, according to competence and rules of organization and operation approved by the Government. "
  

4. Article 5 shall read as follows: Art. 5.-the following is issued by the AGENCY and duties: 1. issuing regulations binding for operators in the sector, necessary for the efficient and transparent administrative officers of the national power system;
2. the issue, grant, amend, suspend or revoke permits and licenses for existing businesses in the sector of power and heat, as well as for those that will occur as a result of market opening of electricity and heat;
3. establishes the methodology for the calculation of prices and tariffs applicable to natural monopoly activities from the field or activity, with the opinion of the Office of competition, taking into account the protection of the interests of consumers of electricity and heat;
4. fixes, with the opinion of the Office of competition, prices and tariffs applied to captive, those charged by concessionaires of public services or activities in the sector, prices and tariffs between operators in the sector, tariffs for system services, transportation and distribution of electricity through the national power system, as well as the prices and tariffs for services linked to the production and distribution of thermal energy;
5. establishes and approves the framework contracts between economic operators in the sector relating to the sale, purchase, transport, dispatching and distribution of electricity and heat, as well as the supply of power and heat to final consumers;
6. organize auctions under the law, negotiate and conclude contracts of lease, as kept in power and heat sector and can turn to specialised agencies, concessionaires;
7. establishes the method of calculating fees for concessions;
8. Approves the regulation of the national power system programming;
9. Approves the technical codes of transmission and distribution networks, developed by the National Electricity Company S.A. and other economic operators in the sector;
10. draw up requirements, criteria and procedures for the electricity consumer eligibility and grant licenses for eligible customers;
11. Approves the technical and commercial rules that are binding for operators in the sector of power and heat;
12. exercise control with respect to compliance by operators in the sector regulations issued, the system of prices and tariffs in force, as well as the fulfilment of the provisions of the concession contract and impose sanctions in case of non-compliance with them;
13. draw up methodology of resolution of precontractual biases and misunderstandings related to resolve contracts between economic operators in the sector and to contracts for the supply of electricity and heat;
14. shall develop tracking and control methodology in order to comply with by operators in the sector of power and heat to the system of prices and tariffs;
15. in accordance with the provisions laid down by law, regulation, notification of the finding and sanction irregularities from the rules issued in the field;
16. conclusion and observance follows, under the law of contracts between investors and authorities, and is autosesizeaza in order to protect investors;
17. monitor the implementation of standards of performance and quality in the field of specific services power and heat sector and propose, whenever you find discrepancies, adapt them;
18. The Government proposes measures for the prevention and elimination of the abuse of a dominant position on the market whenever they find breaking the rules with regard to competition and transparency;
19. create a database necessary for the conduct of its work and providing information to other authorities in the development of strategy of development of the power and heat sector as well as in connection with international trade with electricity and with the relevant international practices. The data are not secret and confidential can be disclosed with the opinion of the Ministry of industry and trade;
20. draw up, within 30 days after the date of entry into force of the law, the rules of organization and functioning properly and establishes the responsibilities of staff in accordance with the laws in force;
21. instructs its staff and continuous, including with the assistance of foreign technique;
22. inform the Government's own activity conducted through annual reports which are published;
23. application and enforcement measures shall monitor set for environmental protection by all participants in the activities in the energy sector;
24. foreign trade activities pursuing of Romania in the energy sector, proposing Government action to prevent the country's dependency on imported energy;
25. seeks electricity productions structure and thermal recovery, giving priority to domestic coal production, arrangement of hydro power potential, promoting the production of electricity in hydroelectric power, combined production of heat and electricity and non-conventional sources of energy-wind, solar, geothermal, biomass, biogaze-in the production of electricity and heat;
26. The Government proposes measures examines the situation of stocks of the national power system primary energy resources coal, fuel oil and water volume in the reservoir Lakes;
27. give consent agreements for the transit of electricity through the national power system, at the proposal of the national electricity Corporation;
28. collaborates with the Ministry of industry and Commerce and with the Romanian Agency for energy conservation, when drawing up proposals for strategies and policies in the field of energy;
29. non-discriminatory access to the network for independent producers and eligible consumers, stimulating competition in the supply of electricity and heat. "
5. Article 6 is repealed.
6. Article 8 is repealed.
7. In article 9, paragraphs (1), (4), (5) and (6) shall read as follows: Art. 9. — (1) the AGENCY shall be headed by a Chairperson, appointed by decision of the Prime Minister for a period of 4 years.


(4) in the exercise of his powers the President issues orders and decisions.
  

(5) Orders of general interest to economic operators in the sector will be published in the Official Gazette of Romania.
  

(6) orders and decisions taken by the President in the exercise of his powers can be challenged in the administrative court at the Bucharest Court of appeal within 30 days from the date on which they were notified to the interested parties or their publication in the Official Gazette, if they are of general interest. "
  

8. Article 10 shall read as follows: Art. 10. — (1) the AGENCY is supported by an Advisory Council made up of 9 members appointed by order of the President of the AGENCY, including three members of specialist Ministry of industry and Trade, a member of professional associations in the field of energy, a member of the local public administration, a member of the research-design specialist in the field of energy and three members of specialist intensive electricity and heating.

(2) the Advisory Council supports the harmonization of interests of economic operators in the sector with those of the consumers of electricity and heating, evaluates the impact of regulations and make proposals for the AGENCY to improve them, according to the rules of organization and functioning of the AGENCY. "
  

9. In article 13, paragraph (1) shall read as follows: Art. 13. — (1) the AGENCY shall draw up its own annual budget of revenue and expenditure in accordance with the detailed rules drawn up by the Finance Ministry. "
10. Article 16 shall read as follows:

"Art. 16. (1) within four months after the date of entry into force of this emergency Ordinance ANRE regulations on the licensing issue and authorizations in electricity and heat, which will be established by the procedures, terms and conditions for granting them.

(2) operators in the sector are required to apply for the grant of the licence not later than 6 months after the issuance of the regulation referred to in paragraph 1. (1) and (3) within one year after the entry into force of this emergency Ordinance ANRE will issue regulations to establish tariffs for the distribution and sale of heat. "
  

11. Annex 4. 2 shall read as follows: "annex 2 definitions of specific terms. Electricity and heat-carrying out all activities of planning, development, construction, operation and maintenance of installations for the production, transmission, distribution and supply of electricity and heat, including importing and exporting electricity, and electricity exchanges with grids of neighbouring countries.
. Code-a collection of rules for a specific area of activities or facilities within the sector of power and heat.
. Vendor-the individual or legal person under private law, Romanian times, ensuring the supply of electricity or heat to a consumer.
. Consumer (final) of electricity-the individual or legal person under private law, Romanian times, which buy energy in order to obtain services from its use.
. Network access-rights of a producer of electricity, or eligible to be connected to the electrical network of transport National Electricity Company belonging to the Corporation, and any consumer to allign the conditions required by technical regulations-the electrical distribution network.
. Eligible electricity consumer-who has the right to choose the supplier and contract directly with this energy, having access to the transmission networks and/or distribution.
. Consumer-a consumer who, trapped for reasons of network configuration, it is required to contract with a specific energy supply Distributor.
. The authorization granted to a furlough-natural or legal persons governed by private law, Romanian times, to build, to put in place and maintain, or to modify an installation for the production, transport, storage, dispatch, distribution of electricity and heat.
. Permissions granted to a license-natural or legal persons governed by private law, Romanian or foreign, commercial exploitation of authorized facilities, production, transport, storage, dispatch, distribution of electricity and heat, as well as intermediation in the marketing of electricity or heat. "
This law was adopted by the Chamber of deputies at its meeting on 8 May 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. PRESIDENT CHAMBER of DEPUTIES, BOGDAN NICULESCU-DUVAZ this law was adopted by the Senate at its meeting on 8 May 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. PRESIDENT of the SENATE, DANIELS T — — — — — — — — — — — — —