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Law No. 463 Of 18 July 2001 On Approval Of The Government Ordinance. 60/2000 Regulating The Activities In The Gas Sector

Original Language Title:  LEGE nr. 463 din 18 iulie 2001 pentru aprobarea Ordonanţei Guvernului nr. 60/2000 privind reglementarea activităţilor din sectorul gazelor naturale

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LEGE no. 463 463 of 18 July 2001 for approval Government Ordinance no. 60/2000 on the regulation of natural gas activities
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 432 432 of 1 August 2001



The Romanian Parliament adopts this law + Article I Approval Government Ordinance no. 60 60 of 30 January 2000 on the regulation of natural gas activities, issued pursuant to art. 1 lit. C section 3 3 of Law no. 206/1999 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 46 of 31 January 2000, with the following amendments and additions: 1. Article 1 shall read as follows: "" The Article 1. -(1) The purpose of this ordinance is to establish the legal framework necessary to carry out activities specific to the natural gas sector, under conditions of competitiveness and transparency, considering the insurance: a) the security, continuity and balance of natural gas supply to consumers; b) economic efficiency, in general, and energy efficiency, in particular; c) environmental protection and consumer safety. (2) The energy policy of the state in the field of natural gas must ensure the satisfaction of the demand for natural gas for all categories of consumers, in terms of increasing energy efficiency and establishing an institutional framework appropriate. ' 2. In Article 2 (1), points c) and j) and paragraph 2 shall read as follows: " c) ensuring the necessary conditions for further liberalisation of the natural gas market and non-discriminatory third-party access to natural gas transmission and distribution systems; .............................................................. j) application of environmental protection measures; .............................................................. (2) The objectives referred to in paragraph (1) is carried out by the National Regulatory Authority for Natural Gas (ANRGN) and/or through economic agents acting in the natural gas sector, according to their status, competences and duties, established by acts legal. " 3. After Article 2, Chapter I ^ 1 and Chapter I ^ 2 are inserted with the following contents: "" CHAPTER I ^ 1 Natural gas policy Art. 2 ^ 1. -(1) The policy of the state in the field of natural gas consists in establishing the objectives of the natural gas sector and the optimal ways of achieving them, under the conditions of ensuring sustainable development. (2) The natural gas policy is developed on the basis of the governing program, approved by the Parliament, by the Ministry of Industry and Resources, in consultation with governmental bodies with attributions in the field and civil society, for a medium range, and taking into account likely long-term developments, taking into account, mainly: a) ensuring security in the supply of natural gas; b) forecasting the demand for natural gas resources, taking into account the evolution of the national economy; c) forecasting of imports and exports of natural gas; d) elaboration of investment programs in the natural gas sector; e) ensuring environmental protection; f) transparency of prices and tariffs on natural gas; g) increasing efficiency in natural gas use; h) development and provision of natural gas storage capacities; i) directions of research and development specific to the natural gas sector, as well as the introduction of advanced technologies j) development of international cooperation; k) proposals for regulations specific to the natural gas sector. (3) The Government, the Ministry of Industry and Resources, the other specialized bodies of the central public administration shall take measures to achieve the objectives set out in the program referred to in ((2) and shall examine, annually or whenever necessary, the stage of fulfilment of its provisions. CHAPTER I ^ 2 Definition of terms 4. Article 3 shall read as follows: " Definition of terms Article 3. -For the purposes of this ordinance, the following terms shall be defined as a) The National Regulatory Authority for Natural Gas, hereinafter referred to as ANRGN-, an autonomous public institution with legal personality, which elaborates, applies and pursues the system of mandatory regulations at national level, necessary for the organization and functioning of the natural gas market under conditions of efficiency, safety, competition, transparency and protection of consumers and the environment; b) natural gas-free gas from methane gas fields, gases dissolved in crude oil, those in the gas head associated with crude oil deposits, as well as gases resulting from the extraction or separation of liquid hydrocarbons; c) natural gas sector-all activities carried out by economic agents for the production, transport, transit, storage, distribution, supply and use of natural gas, as well as installations, utilities and equipment used to carry out these activities; d) access to the transport and/or distribution system the right of a manufacturer, supplier and/or consumer to use the system, paying the tariffs and fulfilling its obligations to use it; e) the use of the system-the effective connection to the system and/or the provision of transport and distribution services by circulating the quantities of natural gas contracted; f) transmission and/or distribution network-the whole of the ducts connected with each other, including the related installations and equipment for the movement of natural gas under pressure, in accordance with the specific standards; g) transmission system and/or distribution system-the whole of the transmission and/or distribution networks of natural gas connected with each other, including the related installations and equipment; h) interconnected system-the whole of the systems physically linked together; i) final consumer of natural gas-natural or legal person, Romanian or foreign, who buys natural gas for his own consumption; j) eligible consumer-natural or legal person, Romanian or foreign, who has full freedom to buy natural gas from any producer and/or supplier and who has access to the system under the conditions mentioned in this ordinance; k) captive consumer-natural or legal person, Romanian or foreign, who is obliged, due to the configuration of the distribution system, to contract natural gas with a certain manufacturer or distributor, holder of the supply license; l) client-natural or legal person with whom the supply of natural gas is traded; m) supplier-Romanian or foreign legal person licensed to trade natural gas; n) operator-legal person authorized and/or licensed to carry out exploitation, dispatching, maintenance, verification, repair and marketing activities for transport and/or storage systems and/or distribution in the sector natural gas; o) system operator-legal person authorized and/or licensed to operate the capacity of the national natural gas transmission system in order to maintain the safety of functional parameters of the system; p) commercial operator-Romanian legal person licensed to provide intermediation services, to receive nominal and competitive offers from natural gas suppliers, as well as requests of natural gas consumers, to monitor, under the issue of demand/supply, the natural gas flow and to provide this information to operators in the natural gas sector for the purpose of their future marketing; q) authorization-permission granted to a legal person, Romanian or foreign, to build, to put into operation and/or to operate or to modify a production plant, storage, transport and distribution of natural gas; r) license-permission granted to a legal person, Romanian or foreign, to carry out commercial activities and/or services in connection with one or more of the functions of supply, storage, transport, transit and distribution natural gas; s) dispatching-permanent and operative correlation and balancing, at the level of networks and systems, production resources, import, etc., with consumptions, at the parameters resulting from the delivery obligations, including taking limiting the effects of exceptional situations, such as: very low temperatures, natural disasters, major damage, etc., by using specific means; s) public service in the natural gas sector-an obligation consisting in the activity organized and/or authorized by the state in order to satisfy the requirements of public interest in the natural gas sector; t) safety zone-field area extended by one side and another of the horizontal projection of the pipes and installations, with a distance set for each objective, according to its safety requirements; u) protection zone-the area of land extended by one side and another of the projection in the horizontal plane of the pipes and installations, with a distance that ensures the technical integrity in their operation; v) liquefied petroleum gas (LPG)-a mixture of hydrocarbons containing more than 90% by volume of an unsaturated acyclic hydrocarbon other than ethylene and propylene or one of its insulated isomers; x) compressed natural gas for vehicles (GNCV)-natural gas stored in cylinders by compression at 200-250 bar, for use as fuel for vehicles with thermal engines; y) liquefied natural gas (LNG)-natural gas that following specific processes is brought into a liquid state and stored in special containers. " 5. The title of Chapter II shall read as follows: "" CHAPTER II General provisions on production, transport, transit, distribution, storage and supply of natural gas " 6. Article 4 shall read as follows: " Natural gas producer Article 4. -The natural gas producer is the Romanian or foreign legal person, authorized and/or holder of the supply license, under the conditions of this ordinance, which has as specific the activity of natural gas production, for the purpose of sale 7. Articles 5 to 7 shall be repealed. 8. The title of Chapter III shall be repealed. 9. Article 9 shall read as follows: " Natural gas carrier Article 9. -The natural gas carrier is a legal person, Romanian or foreign, authorized and/or holder of a transport license, under the conditions of this ordinance, which has as its object of activity the transport of natural gas. " 10. In Article 10, paragraph 1 shall read as follows: "" Art. 10. -(1) The national natural gas transmission system, hereinafter referred to as S.N.T., is the natural gas transmission system in high pressure mode, of more than 6 bar, consisting of bus pipes, as well as from all installations, equipment and equipment related to them, ensuring that natural gas is taken from operating perimeters or those from import and their transport for delivery to distributors, direct consumers, to export and/or storage. " 11. In Article 11, the introductory part and letters a), d), f), g) and j) shall read as follows: "" obligations of the carrier Article 11. -The S.N.T. operator has an obligation to ensure: a) the safe, efficient and efficient operation and maintenance of the S.N.T. and to contribute, according to the conventions concluded with the competent authorities, to its rehabilitation and development; .............................................................. d) elaboration and application of optimal transport and delivery regimes for the quantities of natural gas notified by manufacturers, suppliers, storage operators and/or consumers, for a certain period; .............................................................. f) elaboration and updating of technical operating conventions in the border area, if the supplier is an exporter or a beneficiary of natural gas transit on the territory of Romania; g) confidentiality of commercial information obtained from third parties in the process of sale-purchase of natural gas; ............................................................... j) elaboration of the perspective plans regarding the S.N.T. of natural gas in accordance with the current state and the future evolution of natural gas consumption; for this purpose the stakeholders in the transport of natural gas will provide the data necessary. " 12. Article 12 shall read as follows: " Transport rights Article 12. -The S.N.T. operator mainly has the following rights: a) to charge non-discriminatory tariffs corresponding to the services provided; b) to collect the value of natural gas sold as an effect of transit activities; c) to refuse third party access to S.N.T., under the conditions provided in art. 27 27; d) interrupt or limit the transport of natural gas when the safety and integrity of the transport system are endangered and take measures to limit the malfunctions in the internal market; e) to interrupt the operation of the facilities for the time strictly necessary, in order to execute maintenance and repair works, as well as in other situations provided by law, with the prior announcement of the dispatchers of the affected systems and, after case, of consumers; f) to develop technical rules specific to their own activity. " 13. The title of Chapter IV shall be repealed. 14. Article 13 shall read as follows: "" Art. 13. -The natural gas transit consists in transport through S.N.T. and/or through bus pipelines over the territory of Romania, with or without transhipment, of natural gas from another state and intended for a third country. " 15. Article 14 shall read as follows: "" Art. 14. -The natural gas transit is carried out on a legal and commercial basis, in compliance with the legislation in force and of the international agreements to which Romania is a party. " 16. Article 15 shall read as follows: "" Art. 15. -The transit contracts will be negotiated by the operator of S.N.T., based on the framework contract issued by ANRGN, with the corresponding entities in the states involved. " 17. Article 16 shall read as follows: "" Art. 16. -The transit activity of natural gas through existing pipelines shall be provided by the operator of the S.N.T., which may also carry out works for the development of transit capacities. " 18. The title of Chapter V shall be repealed. 19. Article 17 shall read as follows: "" Distribution of natural gas Article 17. -(1) The natural gas distribution activity consists in the supply of a system of several final consumers in an area, connected by means of distribution pipe systems under pressure of up to 6 bar. The delimitation of distribution systems from transport and consumer systems is made at the exit of the carrier-measurement-teaching station of the carrier and, respectively, at the exit of pressure regulation and measurement systems. debits to consumers. (2) Natural gas distribution activity is a public service of national interest. " 20. Article 18 shall read as follows: " Natural gas distributor Article 18. -The natural gas distributor is a legal person, Romanian or foreign, authorized and/or licensed holder, under the conditions of this ordinance, which has as specific the activity of natural gas distribution, as well as the marketing of to captive consumers in a demarcated area. " 21. Article 19 shall read as follows: " Distributor obligations Article 19. -Natural gas distributors mainly have the following obligations: a) to operate, maintain, repair and develop the distribution system, safe, economic efficiency and environmental protection; b) make available to eligible consumers the quantities of natural gas, according to the provisions of the sales contracts between the eligible consumer and the respective supplier; c) use distribution systems on an equal and non-discriminatory basis; d) provide information to other operators in the natural gas sector in order to achieve the conditions of safe and efficient operation of natural gas supply systems of all categories of consumers; e) keep the confidentiality of commercial information obtained during the course of their activity; f) to draw up and follow the gas balance entered and out of their own system; g) ensure the access of suppliers to eligible consumers on equal and non-discriminatory terms, within the limits of the distribution capacity; h) avoid cross-subsidy with regard to the loading of distribution capacity between captive and eligible consumers and between captive consumers and non-system suppliers; i) to ensure the natural gas supply to the population safely and to the nominal parameters. " 22. In Article 20, letter a) shall read as follows: "" a) carry out commercial activities related to the sale and/or purchase of natural gas from the internal and external market; " 23. After Article 20, Articles 20 ^ 1 -20 ^ 5 shall be inserted as follows: "" Art. 20 20 ^ 1. -Natural gas is stored in order to harmonize seasonal, daily and hourly consumption variations with supply and transport capacities, as well as for operational and strategic purposes, based on the storage license. Article 20 ^ 2. -(1) Romanian or foreign legal entities, license holders in the natural gas sector, may have access to existing deposits, a purpose in which the operator provides the storage service on the basis of regulated tariff. (2) Romanian or foreign legal entities may participate, distinctly or jointly with the transmission and/or storage operators, in the construction and operation of new warehouses, under the regulated conditions and of the existence of the storage license issued by ANRGN. Art. 20 ^ 3. -Natural gas storage licence holders are required to provide access to and/or suppliers ' access to storage capacities under equal and non-discriminatory conditions, within the limits of existing capacities and in compliance with existing requirements. the technical, quality and safety conditions of the deposits, established by ANRGN. Article 20 ^ 4. -Natural gas storage license holders have the obligation to reserve a minimum storage capacity for the carrier so that it can maintain at any time the physical balance of the general gas supply system. natural, at any time of the year and with the maintenance of the operating parameters of S.N.T., in the technical conditions established by ANRGN. Art. 20 ^ 5. -(1) The supply of natural gas is the activity by which an economic agent, license holder of supply under the conditions of this ordinance, provides the natural gas requirements to interested customers. (2) The marketing of natural gas is made only on the basis of a supply contract that is concluded between the supplier and the consumer/customer and which must include the clauses stipulated by ANRGN in the framework contracts established by categories of consumers. (3) Natural gas covered by the supply contract referred to in par. (2) may not be sold by the final consumer. (4) Within 90 days from the date of entry into force of the law approving the ordinance ANRGN elaborates the framework contracts for the supply of natural gas for captive consumers. " 24. The title of Chapter VII shall read as follows: "" CHAPTER VII Access to natural gas transmission and distribution systems " 25. Article 22 shall read as follows: "" Art. 22. -(1) Access to natural gas transmission and distribution systems for suppliers may be carried out on the basis of a written agreement, issued in accordance with the legislation in force. ((2) Access to natural gas transmission and distribution systems shall be carried out on a regulated basis. (3) The available capacities will be allocated according to the conditions set by ANRGN. (4) The carrier and/or distributor shall be required to make public the tariffs and/or other conditions and obligations regarding regulated access to the system. " 26. Article 23 shall read as follows: "" Art. 23. -(1) Final consumers who meet the eligibility conditions established by ANRGN have access to natural gas transmission and distribution systems and complete freedom to conclude sales contracts of natural gas with any licensed supplier. (2) Providers shall conclude with the carrier contracts for the reservation of transport capacity. " 27. Articles 24 to 26 shall be repealed. 28. Paragraph 3 of Article 27 shall be repealed. 29. After Article 27, Chapter VII ^ 1 is inserted as follows: "" CHAPTER VII ^ 1 General provisions on LPG, GNCV and LNG Article 27 ^ 1. -(1) LPG shall be stored in mobile or ficsi containers for the purpose of transport by rail, river or road and/or distribution for: a) coverage of consumer peaks in existing distributions; b) the replacement of natural gas in an existing distribution network to which the repair intervention and the interruption of natural gas supply are necessary; c) powering a new distribution, built specifically to be supplied with LPG. (2) The technical and commercial regulations regarding the production, storage, transport, distribution and use of LPG will be elaborated by ANRGN in consultation with the interested economic agents, within 6 months from the date of entry into force of the approval of this ordinance. Article 27 ^ 2. -(1) GNCV stored in pressure vessels at 200-250 bar is distributed through motor vehicle fuel stations. (2) The technical regulations on motor vehicle supply installations and the related safety and safety standards will be developed by the manufacturer of motor vehicles and/or GNCV power plants. Article 27 ^ 3. -(1) LNG shall be stored in ficsi and mobile containers for the purpose of distribution for: a) coverage of consumer peaks; b) maintaining the physical balance of SNT; c) natural gas supply to consumers. (2) The technical and commercial regulations regarding the production, storage, transport, distribution and use of LNG will be developed by ANRGN in consultation with the interested economic agents. " 30 30. Chapters VIII and IX shall be repealed. 31. Article 48 shall read as follows: "" Art. 48. -(1) The works and installations of production, storage, transport, storage, distribution and use of natural gas shall be designed and executed by legal entities authorized by ANRGN, under the law. (2) The opinions and agreements referred to in par. ((1) shall be issued by the operators of the systems to which consumers are connected and, where appropriate, by the operators of the use facilities, respectively by the competent institutions in this regard. " 32. Article 49 shall be repealed. 33. Article 50 shall read as follows: "" Art. 50. -(1) Equipment, installations, appliances, products and processes used in the natural gas sector must be technically attested. (2) Technical testing is a preliminary phase of obtaining the technical approval and model approval certificate, issued in accordance with the legislation in force. (3) Within 90 days from the date of entry into force of the law approving this ordinance ANRGN elaborates regulations on the design, execution and exploitation in the natural gas sector, which will be approved by order of the Minister industry and resources, as well as the methodology for issuing technical attestations. " 34. Article 51 shall read as follows: " Substantiation of prices and tariffs Article 51. -(1) The system of prices and tariffs on natural gas will be designed so as to facilitate: a) the proximity to the market value of alternative fuels and the recovery of the costs of transport, storage and distribution of natural gas; b) development of production, transport, storage and distribution capacities and replacement of used ones; c) foreign investment and technology transfer; d) saving energy to final consumers; e) the discovery of new resources and the development of natural gas reserves; f) improving the quality of natural gas and services provided to consumers; g) diversification of natural gas supply sources and increase of supply safety. (2) Prices and tariffs regulated in the natural gas sector, provided in art. 53 53 para. ((2) and (3), must ensure the recovery of production costs, as well as the costs of transport, storage and distribution of natural gas. " 35. Article 53 shall read as follows: " Types of prices and rates Article 53. -(1) The following categories of prices and tariffs shall apply in the natural gas sector: a) negotiated, as a result of competitive market mechanisms, between eligible suppliers and consumers; b) regulated. (2) The regulated prices are: a) supply prices for activities arising from the public service obligation; b) supply prices for the natural gas supply to captive consumers. (3) The service charges are regulated for: a) natural monopoly activities, including tariffs for natural gas transport services and storage tariffs; b) natural gas distribution activity; c) transit activity. (4) The regulated tariffs for captive natural gas consumers shall be established by ANRGN. (5) Eligible consumers have the right to directly negotiate sales contracts with licensed suppliers. " 36. in Article 54, paragraph 2 is inserted as follows: " (2) Integrated natural gas companies will keep separate accounts for transport, transit, distribution and storage activities, in order to avoid discrimination and cross-subsidies, as well as for cross-subsidies. encouraging competition. For the same purpose they will keep separate accounts, as for an independent society, where they have activities outside the natural gas sector. Internal accounting will include the balance of payments and the profit and loss account for each activity. " 37. In Article 55, paragraph 1, paragraph 2, the introductory part and the letter g) shall read as follows: " Principles for the substantiation of proposals for regulated tariffs systems Article 55. -(1) Proposition of regulated prices and tariffs in the natural gas sector shall be drawn up by transport, storage, distribution or, where appropriate, supply to captive consumers, on the basis of criteria and methods for the establishment of prices and regulated tariffs in the natural gas sector and, together with the basis of calculation, ANRGN is communicated. (2) The principles underlying the price systems and regulated tariffs for natural gas are as follows: ............................................................. g) tariffs cannot be speculative; " 38. Article 56 shall read as follows: "" Review of regulated tariffs Article 56. -(1) The revision of the regulated tariffs on natural gas is made by ANRGN, based on the proposals substantiated and presented by the economic agents of the natural gas sector. (2) The regulated tariffs shall be published in the Official Gazette of Romania, Part I, by ANRGN and shall enter into force 15 days after their publication. " 39. In Article 57, paragraph 2 shall read as follows: " (2) Commercial exploitation of production, transport, storage and distribution capacities, as well as the supply of natural gas (sale-purchase-intermediation) are carried out by Romanian or foreign legal entities, licensed by ANRGN in conditions of this ordinance. ' 40. Article 58 shall read as follows: " Authorisation and licensing arrangements Article 58. -(1) The authorization and licensing regime is provided for in the Regulation on the granting of licences and authorisations in the natural gas sector. (2) The regulation provided in par. (1) will be developed by ANRGN and will be approved by Government decision. (3) The existing economic agents of the natural gas sector are obliged to request the granting of permits and licenses no later than 3 months from the date of entry into force of the Government decision approving the regulation provided for in para. ((1). (4) The applicant must be a legal person based in Romania. (5) The applicant who does not have a stable establishment in Romania may, under the law, establish and maintain a secondary office for the entire duration of authorization and/or licensing. (6) They may not receive authorization and/or license applicants in the procedure of judicial reorganization or bankruptcy, nor those to whom an authorization or license has been withdrawn or canceled within a period of 5 years prior to the registration date. demand. (7) The refusal of authorization and/or licensing, the lack of a reasoned and within-term response and any other solution of ANRGN, considered by the applicant illegal and injurious, can be appealed, under the law, to the administrative court. (8) The authorization holder may transfer the authorization of another legal person, with the approval of ANRGN. " 41. Articles 59 and 60 shall be repealed. 42. Article 61 shall read as follows: " Authorization of personnel of design, execution, operation and maintenance in the natural gas sector Article 61. -(1) Natural gas installations shall be designed, executed and operated by authorised installers. (2) ANRGN will develop, within 6 months from the date of entry into force of the law approving this ordinance, the regulations on the regime of authorization of installers for the design, execution and operation of gas supply systems natural. (3) The regulations will be approved by order of the Minister of Industry and Resources and will be published in the Official Gazette of Romania, Part I. " 43 articles 62 and 63 shall be repealed. 44. The title of Chapter XIII shall read as follows: "" CHAPTER XIII Concession and the regime of rights to the property of another " 45. In Article 64 (2), points b) and c) shall read as follows: " b) the obligation of the concessionaire to transport and/or distribute natural gas in a certain consumption area and to supply any captive consumer in that area, which meets the conditions laid down in this ordinance; c) the concession obligation to comply with the operative provisions of the dispatcher; " 46 articles 65 and 66 shall be repealed. 47. Article 67 shall read as follows: "" Art. 67. --(1) The concession shall cease by withdrawal of the authorization and/or license, as well as under the conditions Law no. 219/1998 on the concession regime. (2) 3 years before the expiry of the concession the concedant will determine the situation in which the installations that were the subject of the concession contract after expiry will be reinstated. (3) Within a maximum of 3 months after the cessation of administration or concession by waiver or withdrawal the concedent will determine the measures to be taken in relation to the installations covered by the contract. " 48. In Article 69 (1), letter c) shall read as follows: "c) infringes the rules on environmental protection;" 49. Article 74 shall read as follows: "" Art. 74. -In order to avoid the endangerment of persons, goods or activities carried out in the area of execution of works of realization, rehabilitation, retrofitting of capacities, as well as of revision, maintenance or The concession to the capacity in operation the concessionaire has the right to obtain the restriction or cessation, to the extent necessary and during the works or operations mentioned, of the activities carried out in the vicinity of other persons. The restriction or cessation shall be established by agreement with the holder of the activity, and in its absence, by judicial decision, with the proper compensation of the holder of the affected activity. For interventions in case of damage, accident or disaster neither agreement nor judicial decision are necessary, but the concessionaire owes the holder of the affected activity the appropriate allowance, established if necessary by court decision. " 50. In Article 76, paragraph 2 shall read as follows: " (2) In case of non-realization of the agreement provided in par. (1) between the concessionaire and the owner or in the situation referred to in 70 lit. d), at the request of the concessionaire will decide the competent court, its decision constituting the enforceable title for the rights provided in ((1). ' 51. Articles 79 and 80 shall be repealed. 52. Article 82 shall read as follows: " Protection and safety zones Article 82. --For the protection and normal operation of their capacities and accessories in the natural gas sector, ANRGN shall establish, by technical rules, protection and safety zones thereof. " 53 53. Chapter XIV is repealed. 54. Article 87 shall read as follows: " Misdemeanors Article 87. -(1) It constitutes contraventions, if not committed under such conditions that, according to the law, to be considered crimes, the following facts: a) execution of new works, modifications, extensions or revisions of natural gas installations of any category, by unauthorized individuals or legal entities or by authorized legal persons, but without obtaining agreements and of the necessary opinions; b) conduct, without obtaining authorization and/or license, of any activity requiring such a document, according to the provisions of this ordinance and regulations elaborated on its basis; c) the use of practices aimed at influencing the free formation of prices on the natural gas market; d) unjustified reduction of the production capacity or supply of natural gas by producers, as well as unjustified refusal to supply the consumer; e) the execution and operation of installations and equipment that do not comply with the technical security conditions and which may harm individuals, property and/or the environment; f) unjustified refusal of access to the transmission, distribution and storage networks of any internal or external applicant; g) the resale of natural gas by a captive consumer; h) refusal to allow the checks and inspections provided by regulations or ordered, as the case may be, by ANRGN, as well as its obstruction in the performance of its duties; i) failure to submit the data and information requested by ANRGN and not to implement the measures ordered by it; j) non-provision of minimum stock in underground storage warehouses of natural gas and non-reservation of minimum capacity for the carrier; k) exceeding the maximum permissible limits on pollutant emissions; l) failure to provide information, under the conditions of art. 11 lit. h) and art. 19 lit. d); m) the transmission of confidential data on commercial operations to third parties, by non-compliance with the provisions of 11 lit. g) and art. 19 lit. e); n) undue delay in the connection of new consumers or their replenishment after interruption; o) non-compliance with 21 21; p) non-compliance with prices and tariffs regulations q) issuance of agreements and opinions on access to the system without compliance with legal provisions; r) non-compliance with the provisions of agreements and opinions on access to transport, distribution and storage systems; s) non-compliance with the provisions on the supply of the natural gas population safely; t) non-compliance with 19 lit. h) on cross-subsidisation; u) non-compliance with the requirements regarding the management accounting, provided in art. 54 54; v) non-compliance with the rules of conduct provided 89 89 ^ 1. (2) For individuals, in the case of contraventions provided in par. ((1) lit. a)-h), the fine that applies is from 30,000,000 lei to 60,000,000 lei, and in case of contraventions provided in par. ((1) lit. i)-v) the fine is from 10,000,000 lei to 30,000,000 lei. (3) For legal entities, in the case of contraventions provided in par. (1), the fine is 5% of the turnover of the offender. (4) Finding the contraventions provided in par. (1) and the application of fines shall be made by ascertaining agents, persons empowered for this purpose by ANRGN. (5) The provisions provided in par. (2) is supplemented by the provisions Law no. 32/1968 on the establishment and sanctioning of contraventions, except art. 25-27 25-27. " 55. Article 88 shall read as follows: " Confiscations Article 88. -The works produced, acquired or which served to commit the contraventions provided for in this ordinance, including the amounts in banks, results, are subject to confiscation under the conditions provided by Law no. 32/1968 establishing and sanctioning contraventions. " 56. After Article 89, the following Article 89 ^ 1 is inserted: "" Art. 89 89 ^ 1. -(1) The licensed operator for the transmission or distribution of natural gas shall conduct its business in such a way as to ensure that neither he nor any of its associates, manufacturer, supplier or consumer can obtain an unearned commercial advantage, result from preferential or discriminatory agreements. (2) The licensed operator for the transport or distribution of natural gas will ensure that no information relating to transport or distribution or related to them is disclosed to the commercial advantage of a third party or used for the purpose of a commercial activity conducted by the licence holder or other associated entity. '; 57. Paragraph 2 of Article 92 shall be repealed. + Article II Government Ordinance no. 60/2000 on the regulation of activities in the natural gas sector, with subsequent amendments and completions, including those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Chamber of Deputies at the meeting of June 28, 2001, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU This law was adopted by the Senate at the meeting of June 28, 2001, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT NICOLAE VACAROIU ------------------