Law No. 199 Of 13 November 2000 On Efficient Use Of Energy

Original Language Title:  LEGE nr. 199 din 13 noiembrie 2000 privind utilizarea eficienta a energiei

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Law No. 199 of 13 November 2000 (republished) regarding the use of energy efficient *) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 954 of 27 November 2006-Note *) Republished pursuant to art. III of law No. 56/2006 modifying and completing law No. 199/2000 on efficient use of energy, published in the Official Gazette of Romania, part I, no. 291 as of March 31, 2006, posing a new texts.

Law No. 199/2000 on efficient use of energy has been republished in the Official Gazette of Romania, part I, no. 734 of 8 October 2002 and has been amended by Emergency Ordinance of Government No. 64/2003 in order to provide for measures relating to the establishment, organization, reorganization or functioning of structures within the work of the Government apparatus, the ministries and other specialized bodies of central public administration and public institutions, published in the Official Gazette of Romania, part I, no. 464 of 29 June 2003, as amended by law No. 194/2004, published in the Official Gazette of Romania, part I, no. 486 of 31 May 2004, with subsequent amendments.


Chapter I General provisions Article 1 (1) the purpose of this Act is the legal framework necessary for the development and implementation of a national policy for efficient use of energy and in accordance with the provisions of the Energy Charter Treaty, of the Energy Charter Protocol on energy efficiency and related environmental aspects and with the underlying principles of sustainable development.
  

(2) there shall be established by this law shall be laid down obligations and incentives for energy producers and consumers, with a view to effective use of it.
  

(3) this law shall create the legislative framework necessary for the development of a competitive market for energy services, to implement measures to increase the energy efficiency of energy consumers.
  


Article 2 for the purposes of this law, the terms and expressions below have the following meanings: (a) energy balance analysis)-what is in a coherent framework, all energy quantities produced, transported, processed and consumed in a geographical area in a given period of time; These quantities of energy are expressed in the same unit of measurement, in order to be compared and summarized;
  

energy balance-b) methodology for calculating the energy flows and energy efficiency related operation of an installation or equipment, on the basis of data collected with the help of equipment of measurement, for the purpose of checking compliance with the reference data;
  

c energy service company)-company providing energy services and/or other measures to increase energy efficiency within the facility or premises the consumer accept a degree of financial risk. Payment for the services is based, in whole or in part, on energy efficiency and on other criteria agreed upon by the two parties;
  

d) funding by third parties-financial arrangement involving, in addition to the energy supplier, other entities that offer energy services and/or finance the investment. The financial value of energy savings generated by improvements in energy efficiency determines the rate of recovery of costs, including energy service provider profits;
  

e) contract performance — financial arrangement which ensures that the value of the increase in energy efficiency, accepted as a result of the implementation of an energy service will actually be achieved;
  

f) energy conservation in practically all activities geared towards the efficient use of energy resources in the process of extraction, production, processing, storage, transport, distribution and consumption, as well as attracting economy of renewable energy resources; energy conservation includes 3 essential components: the efficient use of energy, energy efficiency and fuel substitution by far;
  

g) consumer energy-natural or legal person who uses the energy in order to achieve a good product or service, to any third party, including for personal purposes;
  

h) energy efficiency-improving the efficiency of energy use due to technological change, and/or economic behavior;
  

I) energy saving-the amount of energy saved as determined by measurement and/or estimation of consumption before and after implementation of one or more measures to increase energy efficiency;
  

j) energy-all forms of available energy and trade of energy resources, including electricity, natural gas, including liquefied natural gas and liquefied petroleum gas, and any fuel used for heating and cooling, including the heating systems of heat supply and air-conditioning, low-ranking and lignite, peat, transport fuels, excluding fuel for aviation fuel and foreign deposits , and biomass, as defined in the Government decision No. 443/2003 on the promotion of the production of electricity from renewable energy sources, and its subsequent amendments;
  

k) energy chain-the flow of energy from primary energy production up to the final use of energy, one or more rings of energy conversion chain consisting of a form of energy into another;
  

l) energy management-process management of the energy sector of a consumer-based energy systems, advanced equipment and measurement techniques for monitoring energy use, identifying inefficiencies and potential difficulties. This system allows making decisions both on the basis of technical information and financial and record-keeping of the time energy consumption data;
  

m) measures to increase energy efficiency-all actions that normally, leading to an increase in energy efficiency that can be verified, measured or estimated;
  

n) mechanisms for energy efficiency-General tools used by Government or Government institutions to create a framework aimed at supporting the times market stimulating actors in order to provide energy services to buy or to implement measures to increase energy efficiency;
  

a production of energy)-getting energy from natural resources and, by extension, an energy derivatives-electricity, heat, and others;
  

p) programs to increase the energy efficiency activities focused on groups of consumers energy, normally leading to an increase in energy efficiency that can be verified, measured or estimated;
  

r) renewable sources of energy-fossil energy sources such as wind, solar, geothermal, wave, tidal, hydroelectric, biomass energy, waste gas fermentation, also called landfill gas, or gas from the fermentation of sludge from wastewater treatment plants and wastewater biogas, according to governmental decision nr. 443/2003, as amended;
  

s) physical energy-service benefit, public service or good derived from a combination of energy and energy efficient technology, which includes the operation, maintenance and control necessary to deliver the energy service based on a contract and normally leads to an increase in energy efficiency that can be verified, measured or estimated;
  

t) efficient use of energy-producing unit of product, good or service without lowering the quality of its performance times, while reducing the amount of energy required for the realization of the product, good or service.
  


Chapter II national policy for efficient use of energy in article 3 (1) national policy for efficient use of energy is an integral part of the energy policy of the State and is based on the following principles: a) the normal functioning of market mechanisms in the field of energy, including competitive price criteria and a better reflection of the costs and benefits related to the environment;
  

b) reducing barriers to the promotion of energy efficiency, thus raising investments;
  

c) promotion of mechanisms for financing energy efficiency initiatives;
  

d) educating and raising awareness of the different forms of energy users, regarding the necessity of reducing energy consumption per unit of product;
  

e) cooperation between consumers, producers, suppliers and public authorities in order to achieve the objectives of the national policy for efficient use of energy;
  

f) support fundamental and applied research in the field of efficient use of energy;
  

g) private initiative and promote the development of energy services;
  

h) co-operation with other countries in the field of energy efficiency and compliance with the international conventions to which Romania is a party.
  

(2) the primary objective of national policy for efficient use of energy is getting the maximum benefit in the entire energy chain, which encompasses the production, conversion, storage, transport, distribution and consumption of the various forms of energy.
  

(3) the National Policy for efficient use of energy defines both the objectives concerning the efficient use of energy, as well as ways to achieve those objectives, with special references: a) reducing energy consumption per unit of gross domestic product;
  

b) energy efficiency in all sectors of activity of the national economy;
  


(c) the introduction of new technologies) with high energy efficiency of modern systems of measurement and control, as well as your own computer-assisted systems for monitoring, evaluation continues and forecasting energy efficiency energy savings;
  

(d) the promotion of new sources) of energy;
  

e) reducing the environmental impact of the activities of generation, transmission, distribution and consumption of energy in all its forms, while respecting the laws in force;
  

(f) the application of the principles of modern) energy management.
  


Chapter III energy efficiency Programs in article 4 (1) for the purposes of the national policy for efficient use of energy, economic operators who consumes an annual amount of energy over 1,000 tons of oil equivalent, and local public administration authorities of the villages with a population of more than 20,000 inhabitants are obliged to draw up their own energy efficiency programs, which will include : a) short-term measures, such as cost or minimal cost, which does not involve major investments;
  

b) long-term measures of 3 to 6 years, targeting an investment program for which you will prepare feasibility studies.
  

(2) energy efficiency Programs own drawn up pursuant to paragraph 1. (1) shall be transmitted to the Romanian Agency for energy conservation through its subsidiaries.
  


Article 5 of the energy efficiency Programs will include actions in the following main directions: a) the achievement of medium-term scenarios and long regarding supply and demand of energy, to guide decision-making;
  

b) technical regulations and implementation of national standards for energy efficiency, aimed at increasing the efficiency of equipment producing and consuming energy, including those in the construction industry and transport;
  

c) promotion of the use of the most energy efficient technologies to be viable economically and environmentally sound;
  

(d) encouraging investment in funding) energy efficiency, through the participation of the State or the private sector;
  

e elaboration of energy balance) and creation of database of the energy necessary for the evaluation of the report request-offer in the field of energy, including the calculation of energy efficiency indicators;
  

f) promotion of cogeneration and small power of the medium and of the measures required to increase the efficiency of production, transport and distribution of heat from consumers;
  

(g) establishment of specialized compartments) in energy efficiency at the appropriate levels, having personally able to devise, implement and monitor programmes for energy efficiency;
  

h) reducing environmental impact.
  


Article 6 energy efficiency programmes Synthesis on the whole national economy, developed annually by the Romanian Agency for energy conservation shall be approved by the Government on the proposal of the Ministry of economy and trade, and will form the basis of proposals, within the framework of the State budget, the amount of funds for the granting of financial facilities to support the implementation of national programmes for increasing energy efficiency and optimum use of renewable sources of energy.


Chapter IV Tasks and responsibility in article 7 (1) the Romanian Agency for energy conservation, the specialized body at national level in the field of energy efficiency, a public institution with legal personality, which is subordinated to Ministry of economy and trade. Financing current expenditure and capital of the Romanian Agency for energy conservation shall be ensured from own income and allowances granted from the State budget.
  

(2) since its foundation and until 31 July 2003, current expenditure and capital of the Romanian Agency for energy conservation shall be ensured from the State budget through the budget of the Ministry of economy and trade.
  

(3) with effect from 1 august 2003, the amounts included in the budget of the Ministry of economy and Commerce for recurrent expenditure and capital related to the Romanian Agency for energy conservation will be transferred to the respective titles of expenditure under the heading "Subsidies", the insertion of the appropriate changes in the structure of the State budget and the budget of the Ministry of economy and trade.
  

(4) the structure and functioning of the Romanian Agency for energy conservation are approved by decision of the Government, taking into account the following duties and responsibilities: a) participation in the development of national policy for efficient use of energy, at the request of the Ministry of economy and trade, and its submission to the Government, with the national energy policy, as part of it;
  

b) implementing and monitoring national policy of energy efficiency and of the efficient use of energy;
  

c) co-operation with institutions and domestic and international bodies with a view to the efficient use of energy and reduce negative impact on the environment;
  

d) participation in the development of standards and technical regulations in order to increase energy efficiency for appliances, equipment, production equipment, transmission, distribution and consumption of energy for buildings, as well as for other areas of activity;
  

e) ensuring market supervision of equipment and devices for which there are specific rules concerning energy efficiency;
  

f) authorization for natural and legal persons who are entitled to draw energy balances;
  

g) coordination of energy efficiency-funded institutions or international organizations under government agreements;
  

h) technical assessment and advising of investment projects in energy efficiency, for which funding from the State budget and other sources made available to internal and external Government;
  

I) elaboration of synthesis energy efficiency programs throughout the national economy;
  

j) cooperating with the competent institutions in the development of the energy balance and the formation of energy data base necessary for the evaluation of the report request-offer in the field of energy, to achieve short-term scenarios, medium-and long-term developments of this report, including the calculation of energy efficiency indicators at national level;
  

k) providing free advice in the elaboration and implementation of the projects for increasing energy efficiency;
  

l) elaboration and coordination of programmes of training and education, as well as an attestation of personnel involved in the field of energy management;
  

m) advising together with ministries, where appropriate, to their own energy efficiency programmes, drawn up by consumers, under the present law;
  

n) promotion of the production of energy using renewable sources of energy through complementary actions of regulating the energy market;
  

a compilation of) participation in Foundation studies for energy efficiency programmes or projects declared eligible in the framework of the energy efficiency programs and renewable energy, initiated by international bodies.
  

(5) the Romanian Agency for energy conservation is led by a Chairman appointed by order of the Minister of economy and trade. The President is assimilated in terms of remuneration with the Secretary of State.
  


Article 8 (1) the Romanian Agency for energy conservation is empowered, under the present law, as, in collaboration with the national authority for consumer protection, to ensure that market surveillance for compliance with the technical regulations concerning energy efficiency.
  

(2) the Romanian Agency for energy conservation shall be entitled to request information and documents concerning the utilization and management of energy and energy resources from individuals and legal entities whose activity is subject to the application of the provisions of this law.
  

(3) the staff of the Romanian Agency for energy conservation has a right of access, in accordance with the law, the production, testing, storage and final verification of apparatus, equipment, and machinery involved in the generation, transmission, distribution and consumption of energy, as well as in places where they are used.
  

(4) staff Agency for energy conservation has a right of access, in accordance with the law, to the measurement of electric energy, gas, heat and energy consumption of hot and cold water, of legal persons.
  


Chapter V technical regulations concerning energy efficiency in article 9 (1) the Minister of economy and trade, on the proposal of the Romanian Agency for energy conservation, issue technical regulations concerning energy efficiency for appliances, equipment and machinery with high energy consumption.
  

(2) the Ministry of transport, constructions and tourism, in consultation with the Romanian Agency for energy conservation, issue technical regulations concerning energy efficiency for buildings and for energy certificate for buildings, in accordance with the law.
  

(3) the Ministry of transport, constructions and tourism coordinates the activity of the establishment and development of technical regulations concerning energy efficiency and thermal rehabilitation of structures.
  

(4) the ministries concerned, in cooperation with the Romanian Agency for energy conservation, will issue technical regulations concerning energy efficiency in their respective areas of activity.
  


Article 10


Manufacturers and importers of devices, machines and equipment for which have been drawn up technical regulations concerning energy efficiency cannot be placed on the market only on condition that they meet these technical regulations.


Article 11 (1) manufacturers of appliances, machinery and equipment for which the technical regulations have been developed relating to energy efficiency are required to carry or to require tests and measurements established by normative acts in force for conformity certification, as appropriate.
  

(2) the certifying on the basis of tests and measurements in accordance with the technical regulations shall be made on the basis of fees for laboratories and/or specialized bodies notified by ministries.
  


Chapter VI obligations on energy consumers in article 12 energy Consumers, legal persons are obliged to have their own system of measurement, and monitoring of energy consumption and to make available to the Romanian Agency for energy conservation, and other institutions, upon request, information on energy consumption and energy efficiency indicators.


Article 13 (1) consumers who use an amount of energy between 200 and 1,000 t of oil equivalent per year are required to draw up every two years a energy balance achieved by a natural or legal person authorised under this law.
  

(2) consumers who use an amount of energy larger than 1,000 t of oil equivalent per year are required: a) to designate a responsible person with powers in the field of energy and energy resources management, certified by the Romanian Agency for energy conservation, in accordance with the law;
  

b) to carry out an annual energy balance sheet prepared by a natural or legal person authorized by the Romanian Agency for energy conservation, in accordance with the law.
  

(3) in the case of energy consumers that hold subunits (branches, outlets, and other secondary offices) located in several geographical points which are not directly linked to energy networks or through functionality, each sub-unit within a geographical point different from other subunits is considered from the point of view of the obligations incumbent on it as an independent unit. In this sense, the complete menu tree will have the obligation of making energy balances, the appointment of a person responsible for the tasks in the field of energy management, namely for the preparation of their own energy efficiency programs, depending on the total annual energy consumption, as provided for in paragraph 1. (1) and (2).
  

(4) those responsible for Coordination in the field of energy management for energy consumers who own the complete menu tree referred to in paragraph 1. (3) will only be made by persons qualified in the field of energy management.
  


Article 14 (1) economic operators with generation, transmission or distribution of fuels and energy are required to take measures to reduce consumption: (a)) of fuels and energy;
  

(b) the promotion of solar energy), wind, geothermal, biomass, biogas and energy produced from household waste;
  

c) under the terms agreed with consumers, producers and suppliers of electricity and heat are required to conduct outreach, consulting, financing, and executing the works in order to increase energy efficiency in plants what they own.
  

(2) transport companies, other companies, and local government units and Central, which hold more than 25 motor vehicles are required to develop programmes for the monitoring and management of fuel consumption for vehicles owned.
  

(3) in the case of entities referred to in paragraph 1. (2) that hold subunits (branches, outlets, and other secondary offices) located in several geographical points, each sub-unit within a geographically different from other subunits is considered from the point of view of the obligations incumbent on it as an independent unit. In this sense, the complete menu tree will be required for the development of programmes for the monitoring and management of fuel consumption for vehicles owned, according to the provisions of paragraph 1. (2). Article 15 Administrators owned buildings are required to take measures to: (a) effective use of the system) of heating and air-conditioning systems;
  

b) use energy-efficient building materials;
  

c) use of measurement and adjustment of energy consumption;
  

d) development according to the law, every five years, an energy balance for the buildings held more than 1,000 sqm, equipped with air-conditioning and heating systems in use.
  


Chapter VII fiscal and Financial Incentives for activities that lead to increased energy efficiency in article 16 (1) within 6 months after publication) law in the Official Gazette of Romania, part I, the program shall be developed to increase the energy efficiency for the period 2006-2010, the Programme, associated with a mechanism for granting financial support from the State budget and local budgets to increase energy efficiency at both national and local levels, managed by the Ministry of economy and trade.
  

— — — — — * Note) the term of six months shall run from the date of publication of law No. 56/2006 in the Official Gazette of Romania, part I, on March 31, 2006, respectively.

2. the programme is hereby approved on behalf of the Government, upon the proposal of the Ministry of economy and trade, and at the initiative of the Romanian Agency for energy conservation, with the opinion of the interministerial working Group to coordinate the development and implementation of the national strategy in the field of energy efficiency and the related action plan, established by Government decision No. 1.488/2002.
  

(3) the program shall contain priority projects in the fields of basic economic-trade, transport, industry, agriculture, services, local authorities, and the residential sector.
  

(4) local Programmes are drawn up and approved by the local authorities with the support and advice on the part of the Romanian Agency for energy conservation and will contain local projects designed to promote energy efficiency.
  

(5) the programme at national and local programmes to increase the energy efficiency of the budgetary sources of the State budget and local budgets.
  

(6) the mechanism for the granting of financial support from the State budget and local budgets through Program, covering the categories of activity, conditions for the eligibility of beneficiaries, conditions for the eligibility of projects, and the procedure for granting the financial assistance, including the level of funding, will be established by decision of the Government on the proposal of the Romanian Agency for energy conservation, with the opinion of the interministerial working Group to coordinate the development and implementation of the national strategy in the field of energy efficiency and the related action plan , established by Government decision No. 1.488/2002.
  


Article 17 (1) For the financing of investments aimed at increasing energy efficiency, the main consumers of energy may qualify for financial assistance from the Program of up to 50% of the project value.
  

(2) local public administration authorities and Central Finance works to increase energy efficiency and on the basis of a contract concluded with the third party's performance.
  


Article 18 Granting of financial incentives to promote energy efficiency is made in compliance with the legislation in force with regard to the granting of State aid.


Chapter VIII, article 19 Sanctions Constitute contraventions the following facts: a) failure by the operator, local public administration and administrators of public buildings. "". (1) of article 1. 8 para. (3) and (4) and art. 12-15;
  

b) breaking the rules concerning technical energy efficiency according to art. 10 and 11.
  


Article 20 (1) the Offences referred to in articles. 19 shall be imposed as follows: (a)) with fine from 15,000 to 7,500 lei lei, those referred to. a);
  

b) fine from 5,000 to 10,000 lei lei and, where appropriate, temporary stopping the placing on the market of the equipment, machinery and equipment for which the technical regulations are in force concerning energy efficiency, until a date to be determined by the supervisory body, those referred to. b). (2) the Offender may pay on the spot or within a maximum period of 48 hours from the date of conclusion of the times report, if applicable, from the date of its communication, one half of the minimum amount of fines provided for in paragraph 1. (1) supervisory body making mention in the minutes about this possibility.
  

(3) update the limits of fines specified in paragraph 2. (1) shall be effected by decision of the Government on the proposal of the Romanian Agency for energy conservation.
  


Article 21 (1) Finding contraventions and penalties, including the measure regarding the pausing placing on the market of the equipment, machinery and equipment for which the technical regulations are in force concerning energy efficiency, are carried out by staff authorized by the Romanian Agency for energy conservation.
  

(2) the police shall grant, upon request, support personnel authorized by the Romanian Agency for energy conservation.
  


Article 22 article. 19 and 20 shall be supplemented by the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.



Chapter IX transitional and final Provisions Article 23 the present law shall enter into force 90 days after its publication in the Official Gazette of Romania, part I.


Article 24 within 90 days from the date of publication of the present law Romanian Agency for energy conservation, the Ministry of public finance, the Government will submit to the detailed rules for its application.
Note: the article below is below. II of law No. 56/2006 which are not incorporated in the text of the consolidated law No. 199/2000 applies, in that provision of the law. 56/2006: "Art. II.-within 90 days from the date of entry into force of this law, the Ministry of economy and trade, on the proposal of the Romanian Agency for energy conservation, will submit to the Government detailed rules for its application, which shall be published in the Official Gazette of Romania, part I. "— — — — — — —