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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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LEGE no. 199 199 of 13 November 2000 (* republished *) on the efficient use of energy *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 954 954 of 27 November 2006



----- Note * *) Republicated pursuant to art. III of Law no. 56/2006 to amend and supplement Law no. 199/2000 on the efficient use of energy, published in the Official Gazette of Romania, Part I, no. 291 of 31 March 2006, giving the texts a new numbering. Law no. 199/2000 on the efficient use of energy has been republished in the Official Gazette of Romania, Part I, no. 734 734 of 8 October 2002 and has been amended and supplemented by Government Emergency Ordinance no. 64/2003 for the establishment of measures regarding the establishment, organization, reorganization or functioning of structures within the working apparatus of the Government, ministries, other specialized bodies of the central public administration and some public institutions, published in the Official Gazette of Romania, Part I, no. 464 of 29 June 2003, approved with amendments by Law no. 194/2004 , published in the Official Gazette of Romania, Part I, no. 486 486 of 31 May 2004, as amended. + Chapter I General provisions + Article 1 (1) The purpose of the present law is to create the legal framework necessary for the elaboration and application of a national energy efficient use policy, in accordance with the provisions of the Energy Charter Treaty, of the Energy Charter Protocol on energy efficiency and environmental aspects and the principles underlying sustainable development. (. Obligations shall be established by this law and incentives shall be established for energy producers and consumers with a view to its efficient use. (3) The present law creates the legislative framework necessary for the development of the competitive energy services market, in order to implement measures to increase energy efficiency for energy consumers. + Article 2 For the purposes of this law, the following terms and expressions have the following meaning: a) energy balance-an analysis that represents, in a coherent framework, all the quantities of energy produced, transformed, transported and consumed in a geographical area and within a given time period; these quantities of energy are expressed in the same unit of measurement, in order to be compared and summed up; b) energy balance-methodology for calculating energy flows and energy efficiency, related to the operation of an installation or equipment, on the basis of data collected using measuring devices, for the purpose of checking compliance results with reference data; c) energy services company-a company that provides energy services and/or other measures to increase energy efficiency in the plant or consumer premises and which accepts a degree of financial risk. The payment for the services provided is based, in whole or in part, on the increase of energy efficiency and on other criteria agreed by the two parties; d) financing by third parties-financial arrangement that involves, in addition to the energy supplier, other entities that provide energy services and/or finance the investment. The financial value of the energy saving generated by improving energy efficiency shall determine the cost recovery rate, including the energy service provider's profit; e) performance contract-financial arrangement that guarantees that the value of increasing energy efficiency, accepted as a result of the implementation of an energy service, will be effectively achieved; f) energy conservation-the totality of activities oriented towards the efficient use of energy resources in the process of extraction, production, processing, storage, transport, distribution and consumption, as well as to attract the economic circuit of renewable energy resources; energy conservation includes 3 essential components: efficient use of energy, increased energy efficiency and replacement of poor fuels; g) energy consumer-natural or legal person who uses energy for the realization of a product unit, good or service, for third parties, including for personal purposes; h) increasing energy efficiency-improving the efficiency of energy use due to technological, behavioural and/or economic changes; i) energy saving-the amount of energy saved, determined by measurements and/or by estimating the consumption before and after the implementation of one or more measures to increase energy efficiency; j) energy-all available commercial forms of energy and energy resources, including electricity, natural gas, including liquefied natural gas and liquefied petroleum gas, and any fuel used for heating and cooling, including for heating in centralized heat supply and air conditioning systems, coal and lignite, peat, transport fuel, excluding aviation fuel and foreign fuel deposits, and biomass, as defined in Government Decision no. 443/2003 on the promotion of electricity generation from renewable energy sources, as amended; k) energy chain-the flow of energy from primary energy production to the final energy use, one or more links of the energy chain containing one conversion of one form of energy to another; l) energy management-process of driving the energy sector of an energy consumer, based on advanced equipment systems and measurement techniques to monitor the use of energy, identify inefficiency and potentials difficulties. This system allows decisions both on the basis of information of a technical and financial nature and of the record in time of energy consumption data; m) measures to increase energy efficiency-all actions that normally lead to an increase in energy efficiency that can be verified, measured or estimated; n) energy efficiency mechanisms-general instruments used by the Government or government institutions to create a framework to support or stimulate market players in order for them to provide, to buy energy services or implement measures to increase energy efficiency; o) energy production-obtaining energy from natural resources and, by extension, the production of a derived energy-electricity, heat and others; p) programs to increase energy efficiency-activities focused on groups of energy consumers that normally lead to an increase in energy efficiency that can be verified, measured or estimated; r) renewable energy sources-non-fossil energy sources, such as wind, solar, geothermal, wave, tidal, hydro energy, biomass, waste fermentation gas, also referred to as landfill gas, or sludge fermentation gas wastewater treatment plants and biogas, according to Government Decision no. 443/2003 ,, as amended; s) energy service-physical benefit, public service or good derived from energy and energy efficiency combination, which includes the operation, maintenance and control necessary to provide the energy service on the basis of a contract and which normally leads to an increase in energy efficiency that can be verified, measured or estimated; t) efficient use of energy-realization of a product unit, good or service without lowering the quality or performance of it, while reducing the amount of energy required for the realization of this product, good or service. + Chapter II National energy efficient use policy + Article 3 (1) The national energy efficient use policy is an integral part of the state's energy policy and is based on the following principles: a) the normal functioning of the market mechanisms in the field of energy, including the formation of prices by competitive criteria and a better reflection of environmental costs and benefits; b) reducing barriers to promoting energy efficiency, thus stimulating investment; c) promoting mechanisms for financing initiatives in the field of energy efficiency; d) education and awareness of users of different forms of energy on the need to reduce energy consumption on the product unit; e) cooperation between consumers, producers, energy suppliers and public authorities to achieve the objectives set by the national energy efficiency policy; f) supporting fundamental and applied research in the field of efficient energy use; g) promotion of private initiative and development of energy services; h) cooperation with other countries in the field of energy efficiency and compliance with international conventions to which Romania is a party. (2) The main objective of the national energy efficient use policy is to obtain the maximum benefit in the entire energy chain comprising the production, conversion, storage, transport, distribution and consumption of different forms of energy. (3) The national energy efficient use policy defines both the objectives for the efficient use of energy and the pathways for achieving these objectives, with particular reference to: a) reduction of Romania's energy consumption per unit of gross domestic product; b) increasing energy efficiency in all sectors of activity of the national economy; c) introducing new technologies with high energy efficiency of modern measurement and control systems, as well as computer-assisted own systems, for monitoring, continuous evaluation of energy efficiency and forecasting energy consumption; d) promoting new sources of energy; e) reducing the environmental impact of the activities of production, transport, distribution and consumption of all forms of energy, in compliance with the legislation in force; f) application of modern principles of energy management. + Chapter III Energy efficiency programmes + Article 4 ((1) In order to achieve the national energy efficiency policy, economic operators who consume annually an amount of energy of over 1,000 tons of oil equivalent, as well as the local public administration authorities in the localities with a population of more than 20,000 inhabitants have the obligation to draw up their own energy efficiency programmes, in which they will include: a) short-term measures, of a type without cost or at minimum cost, which do not involve major investments; b) long-term measures of 3 to 6 years, targeting an investment program for which feasibility studies will be drawn up. (2) Own energy efficiency programs prepared according to par. (1) shall be transmitted to the Romanian Agency for the Conservation of Energy through its territorial branches. + Article 5 Own energy efficiency programmes will include actions in the following main directions: a) the realization of medium-and long-term scenarios regarding the demand and supply of energy, which guide the decision-making process; b) the application of technical regulations and national energy efficiency standards, which aim to increase the efficiency of energy-producing and energy-consuming equipment, including those in the field of construction and transport; c) to promote the use of the most economically viable and non-polluting energy technologies; d) encouraging the financing of investments in the field of energy efficiency, through the participation of the private sector e) the development of energy balances and the formation of energy databases necessary for the evaluation of the supply-demand ratio in the field of energy, including for the calculation of energy efficiency indicators; f) promoting the low and medium power cogeneration and the necessary measures to increase the efficiency of the systems for the production, transport and distribution of heat to consumers; g) the establishment of specialized compartments in the field of energy efficiency at the appropriate levels, which have staff able to develop, implement and monitor energy efficiency programs; h) reducing environmental impact. + Article 6 The synthesis of energy efficiency programs on the entire national economy, elaborated annually by the Romanian Agency for Energy Conservation, is approved by the Government, at the proposal of the Ministry of Economy and Trade, and will be the basis of proposals foundation, within the state budget, of the need for funds to provide financial facilities, to support the implementation of national programs to increase energy efficiency and optimal use of renewable energy sources. + Chapter IV Duties and liabilities + Article 7 (1) The Romanian Agency for Energy Conservation is the national specialized body in the field of energy efficiency, a public institution with legal personality, subordinated to the Ministry of Economy and Trade. The financing of current and capital expenditures of the Romanian Energy Conservation Agency shall be provided from its own income and allowances granted from the state budget. (2) From the establishment until July 31, 2003, the current and capital expenditures of the Romanian Energy Conservation Agency shall be ensured from the state budget, through the budget of the Ministry of Economy and Trade. ((3) As of August 1, 2003, the amounts included in the budget of the Ministry of Economy and Trade for current and capital expenditures related to the Romanian Energy Conservation Agency will be transferred from the expenditure titles the title "Subsidies", introducing the corresponding changes in the structure of the state budget and the budget of the Ministry of Economy and Trade. (4) The organization and functioning of the Romanian Energy Conservation Agency shall be approved by Government decision, taking into account the following main duties and responsibilities: a) participation in the elaboration of the national energy efficiency policy, at the request of the Ministry of Economy and Commerce, and its submission for approval to the Government, with the national energy policy, as part of it; b) implementation and monitoring of national energy efficiency policy and energy efficient use programmes; c) cooperation with domestic and international institutions and bodies in order to efficiently use energy and reduce the negative impact on the environment; d) participation in the development of technical norms and regulations in order to increase the energy efficiency for appliances, equipment, production, transport, distribution and energy consumption machinery for buildings, as well as for other areas of activity; e) ensuring market surveillance of equipment and appliances for which specific energy efficiency regulations exist; f) authorization of natural and legal persons entitled to develop energy balance sheets; g) coordination of energy efficiency programs financed by institutions or international organizations on the basis of governmental agreements; h) technical evaluation and approval of investment projects in the field of energy efficiency, for which funding is required from the state budget and other internal and external sources at the disposal of the Government; i) elaboration of the synthesis of energy efficiency programmes for the whole national economy; j) cooperation with the competent institutions, in order to develop the energy balances and the formation of necessary energy databases for the evaluation of the supply-demand ratio in the field of energy, the implementation of short, medium and medium-term scenarios long on the evolution of this report, including the calculation of energy efficiency indicators at national level; k) providing free advice in the development and application of projects to increase energy efficiency; l) elaboration and coordination of training and training programs, as well as attestation of personnel with tasks in the field of energy management; m) endorsement together with the relevant ministries, as the case may be, of the own energy efficiency programs, prepared by consumers, under the present law; n) promotion of energy production, using renewable energy sources, through actions complementary to the regulation of the energy market; o) participation in the development of studies for the foundation of national energy efficiency programmes or for projects declared eligible, in the framework of energy efficiency and renewable energy programmes, initiated by international bodies. (5) The Romanian Agency for Energy Conservation is headed by a president appointed by order of the Minister of Economy and Trade. The president is assimilated in terms of pay with the position of secretary of state. + Article 8 (1) The Romanian Agency for Energy Conservation is empowered, under the present law, that, in collaboration with the National Authority for Consumer Protection, to ensure market surveillance for compliance with technical regulations on energy efficiency. (2) The Romanian Energy Conservation Agency has the right to request information and documents on the use and management of energy and energy resources from natural and legal persons whose activity is subject to application provisions of this law (3) The personnel of the Romanian Energy Conservation Agency have the right of access, under the law, in the production spaces, tests, final verification and storage of appliances, equipment and machinery with a role in production, transport, distribution and energy consumption, as well as in the places where they are used. (4) The staff of the Romanian Agency for Energy Conservation has the right of access, under the law, to the installations for measuring electricity, natural gas, thermal energy and hot and cold water consumption, of legal entities. + Chapter V Technical regulations on energy efficiency + Article 9 (1) The Minister of Economy and Trade, on the proposal of the Romanian Energy Conservation Agency, issues technical regulations on energy efficiency for devices, equipment and machinery with high energy consumption. (2) The Ministry of Transport, Construction and Tourism, in consultation with the Romanian Energy Conservation Agency, issues technical regulations on energy efficiency for buildings, as well as for the granting of the energy certificate for buildings, under the law. (3) The Ministry of Transport, Construction and Tourism coordinates the activity of establishing and developing technical regulations on energy efficiency and thermal rehabilitation of constructions. (4) The interested ministries, in collaboration with the Romanian Energy Conservation Agency, will issue technical regulations on energy efficiency in their fields of activity. + Article 10 Manufacturers and importers of appliances, machinery and equipment for which technical regulations on energy efficiency have been developed may not place them on the market unless they comply with these technical regulations. + Article 11 (1) The manufacturers of appliances, machinery and equipment for which technical regulations on energy efficiency have been developed have the obligation to carry out or request the tests and measurements established by the normative acts in the Compliance certification, as applicable. (2) The certification of conformity on the basis of tests and measurements carried out according to the technical regulations shall be based on the fees of laboratories and/or specialized bodies notified by the relevant ministries. + Chapter VI Obligations of energy consumers + Article 12 Energy consumers, legal entities, are obliged to have their own system of measure, record and monitoring of energy consumption and to provide to the Romanian Agency for the Conservation of Energy and other competent institutions, at demand, information on energy consumption and energy efficiency indicators. + Article 13 ((1) Consumers who use a quantity of energy between 200 t and 1,000 t oil equivalent per year are obliged to draw up every 2 years an energy balance carried out by a natural or legal person authorized under the conditions of this laws. (2) Consumers using an energy quantity of more than 1,000 t oil equivalent per year shall be obliged to: a) to appoint a responsible for energy management and energy resources, attested by the Romanian Agency for Energy Conservation, under the law; b) to carry out annually an energy balance drawn up by a natural or legal person authorized by the Romanian Agency for Energy Conservation, under the law. ((3) In the case of energy consumers holding subunits (branches, working points, as well as other secondary offices) located in several geographical points, which are not directly linked by functionality or energy networks, each sub-unit located at a different geographical point from the other sub-units is considered from the point of view of its obligations as an independent unit. In this regard, the subunits will have the obligation to carry out the energy balance sheets, to appoint a responsible for energy management tasks, respectively to develop their own energy efficiency programs, depending on the consumption total annual energy, according to the provisions of para. ((1) and (2). ((4) Coordination of energy management officers for energy consumers who own the sub-units referred to in par. (3) will be made only by persons attested in the field of energy management. + Article 14 (1) Economic operators with activity of production, transport or distribution of fuels and energy shall be obliged to take measures to: a) reduction of fuel and energy consumption; b) promotion of solar, wind, geothermal, biomass, biogas and energy produced from household waste; c) under the conditions agreed with consumers, producers and suppliers of electricity and heat have the obligation to carry out information, consultancy, financing activities, as well as to execute works in order to increase energy efficiency in the facilities I own. (2) Transport companies, other companies, as well as local and central public administration units, which have more than 25 vehicles, are required to develop fuel monitoring and management programmes for the group Owned vehicles. (3) In the case of the entities mentioned in paragraph (2), which hold subunits (branches, working points, as well as other secondary offices) located in several geographical points, each subunit located at a different geographical point from the other subunits is considered from the point of view. the view of its obligations as an independent unit. In this regard, the subunits will have the obligation to develop programs for monitoring and management of fuel consumption for the group of vehicles owned, according to the provisions of par. ((2). + Article 15 The managers of the buildings under public ownership are required to take measures to: a) efficient use of the heating and air conditioning system; b) the use of energy efficient construction materials; c) the use of measuring and regulating devices for energy consumption; d) elaboration under the law, every 5 years, of an energy balance for buildings with an area of more than 1,000 square meters, equipped with heating and air conditioning installations in operation. + Chapter VII Tax and financial incentives for activities leading to increased energy efficiency + Article 16 (1) Within 6 months *) from the publication of the law in the Official Gazette of Romania, Part I, the Energy Efficiency Growth Program for the period 2006-2010, hereinafter referred to as the Program, associated with a mechanism for granting financial support from the state budget and local budgets to increase energy efficiency both at national and local level, managed by the Ministry of Economy and Trade. ----- Note * *) The term of 6 months flows from the date of publication Law no. 56/2006 in the Official Gazette of Romania, Part I, and 31 March 2006. ((2) The program is approved by Government decision, at the proposal of the Ministry of Economy and Commerce and at the initiative of the Romanian Agency for Energy Conservation, with the opinion of the Inter-Ministerial Working Group on implementation of the national energy efficiency strategy and the related action plan set up by Government Decision no. 1.488/2002 . (3) The programme will contain priority projects in the core economic areas-industry, transport, trade, agriculture, services, local authorities and the residential sector. (4) Local programs shall be developed and approved by the local authorities with support and advice from the Romanian Energy Conservation Agency and shall contain the projects of local interest aimed at promoting the increase of energy efficiency. (5) The program at national level and local programs to increase energy efficiency will specify the budgetary sources from the state budget and local budgets. ((6) The mechanism for granting financial support from the state budget and local budgets through the Program, including the categories of activity, the conditions of eligibility of beneficiaries, the conditions of eligibility of projects, as well as the procedure financial support, including the level of financing, shall be established by Government decision, at the proposal of the Romanian Energy Conservation Agency, with the opinion of the Inter-Ministerial Working Group for the Coordination of Development and implementation of the national energy efficiency strategy and the plan Related action, constituted by Government Decision no. 1.488/2002 . + Article 17 (1) In order to finance investments that have the main objective of increasing energy efficiency, energy consumers can receive financial support from the Programme up to 50% of the value of the project. (2) Local and central public administration authorities may finance works to increase energy efficiency and on the basis of a performance contract concluded with third parties. + Article 18 The granting of financial incentives to promote energy efficiency is done in compliance with the legislation in force on the granting of State aid. + Chapter VIII Sanctions + Article 19 The following facts are contraventions: a) non-compliance by the economic operator, the local public administration and by the administrators of public buildings 4 4 para. (1), of art. 8 8 para. ((3) and (4), as well as of art. 12-15 12-15; b) non-compliance with technical regulations on energy efficiency according to 10 10 and 11. + Article 20 (1) Contraventions provided in art. 19 19 shall be sanctioned as follows: a) with a fine of 7,500 lei to 15,000 lei, those provided in lett. a); b) with a fine of 5,000 lei to 10,000 lei and, as the case may be, the temporary stop of the placing on the market of appliances, machinery and equipment for which technical regulations on energy efficiency are in force, until a date set by the control body, those referred to in lett. b). (2) The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes, or, as the case may be, from the date of its communication, half of the minimum of fines provided in par. ((1), the control body making mention in the minutes about this possibility. (3) Updating the limits of fines provided in par. (1) is made by Government decision, on the proposal of the Romanian Agency for Energy Conservation. + Article 21 (1) The finding of contraventions and the application of sanctions, including the measure on the temporary cessation of the placing on the market of appliances, machinery and equipment for which technical regulations on energy efficiency are in force, shall be made by the staff empowered by the Romanian Agency for Energy Conservation. (2) The police bodies shall provide support, upon request, to the personnel empowered by the Romanian Agency for Energy Conservation. + Article 22 Provisions art. 19 and 20 are completed with the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter IX Transitional and final provisions + Article 23 This law shall enter into force 90 days from the date of its publication in the Official Gazette of Romania, Part I. + Article 24 Within 90 days from the date of publication of this law the Romanian Agency for Energy Conservation, with the opinion of the Ministry of Public Finance, will submit for approval to the Government the methodological norms for its application. NOTE: We reproduce below the provisions art. II of Law no. 56/2006 ,, which are not incorporated into the republished text of the Law no. 199/2000 and which continue to apply as own provisions of the Law no. 56/2006 : "" Art. II. -Within 90 days from the date of entry into force of this law, the Ministry of Economy and Commerce, on the proposal of the Romanian Agency for Energy Conservation, will submit for approval to the Government the methodological norms for its application, which will be published in the Official Gazette of Romania, Part I. " -------