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Law No. 56 Of 17 March 2006 On Modification And Completion Of The Law Nr. 199/2000 On The Use Of Energy Efficient

Original Language Title:  LEGE nr. 56 din 17 martie 2006 pentru modificarea şi completarea Legii nr. 199/2000 privind utilizarea eficientă a energiei

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LEGE no. 56 56 of 17 March 2006 to amend and supplement Law no. 199/2000 on the efficient use of energy
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 291 291 of 31 March 2006



The Romanian Parliament adopts this law + Article I Law no. 199/2000 on the efficient use of energy, republished in the Official Gazette of Romania, Part I, no. 734 of 8 October 2002, as amended and supplemented, shall be amended and supplemented as follows: 1. in Article 1, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) The present law creates the necessary legislative framework for the development of the competitive energy services market, in order to implement measures to increase energy efficiency for energy consumers." 2. Article 2 shall read as follows: "" Art. 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. " 3. In Article 3 (3), points c) and e) shall read as follows: " c) the introduction of new technologies with the high energy efficiency of modern measurement and control systems, as well as of the own computer-assisted systems, for monitoring, continuous evaluation of energy efficiency and forecasting energy consumption; .................................................................. 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; " 4. In Article 3 (3), after letter e), a new letter, letter f) is inserted, with the following contents: "f) the application of modern energy management principles." 5. In Article 4, paragraph 2 shall read as follows: " (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. " 6. In Article 5, letter h) shall read as follows: "h) reducing environmental impact." 7. Article 6 shall read as follows: "" Art. 6. -The synthesis of energy efficiency programs on the entire national economy, developed 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 for 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. " 8. In Article 7, paragraph 1 shall read as follows: "" Art. 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 revenues and allowances granted from the state budget. " 9. In Article 7 (2), points a), e), f), h), j) and k) shall read as follows: " 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; ................................................................... 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; .................................................................... 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; .................................................................... 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; " 10. In Article 7 (2), after letter m), two new letters, letters n) and one shall be inserted, with the following contents: " n) the 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, under energy efficiency and renewable energy programmes, initiated by bodies international. " 11. In Article 7, paragraph 3 shall read as follows: " (3) 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 salary with the position of secretary of state. " 12. Article 8 shall read as follows: "" Art. 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 Energy Conservation Agency shall have 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. " 13. Article 12 shall read as follows: "" Art. 12. -Energy consumers, legal entities, are obliged to have an 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, on request, information on energy consumption and energy efficiency indicators. " 14. Article 13 shall read as follows: "" Art. 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 this law. (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) shall be made only by persons attested in the field of energy management. " 15. In Article 14 (1), letter c) shall read as follows: " c) under the conditions agreed with consumers, producers and suppliers of electricity and heat have the obligation to carry out information, consultancy, financing activities and to carry out work in order to increase energy efficiency in the facilities that hold them. " 16. In Article 14, paragraph 2 shall read as follows: " (2) Transport companies, other companies, as well as local and central public administration units, which hold more than 25 vehicles, are required to develop fuel monitoring and management programs for the group. of owned vehicles. ' 17. In Article 14, after paragraph 2, a new paragraph (3) shall be inserted, which shall read as follows: " (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). ' 18. In Article 15, the letter e) shall read as follows: "e) the elaboration under the law, once 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;". 19. Article 15, points c) and f) shall be repealed. 20. Article 16 shall read as follows: "" Art. 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 of this law in the Official Gazette of Romania, Part I. ((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 .. " 21. Article 17 shall read as follows: "" Art. 17. -(1) In order to finance investments that have the main objective of increasing energy efficiency, energy consumers can receive financial support from the Program up to 50% of the project value. (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. " 22. Article 18 shall read as follows: "" Art. 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. " 23. Article 19 shall be repealed. 24. Article 20 shall read as follows: "" Art. 20. -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. " 25. Article 21 shall read as follows: "" Art. 21. -(1) Contraventions provided in art. 20 20 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. " 26. Article 22 shall read as follows: "" Art. 22. -(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 make 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. " 27. Article 23 shall read as follows: "" Art. 23. --provisions art. 20 and 21 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 ,, as amended and supplemented. " + Article 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 shall be will publish in the Official Gazette of Romania, Part I. + Article III Law no. 199/2000 on the efficient use of energy, republished in the Official Gazette of Romania, Part I, no. 734 of October 8, 2002, with subsequent amendments and completions, as well as with 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 Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE SENATE PRESIDENT NICOLAE VACAROIU Bucharest, March 17, 2006. No. 56. -------