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Law No. 325 Of 14 July 2006 The Public Service Of Heat Supply

Original Language Title:  LEGE nr. 325 din 14 iulie 2006 serviciului public de alimentare cu energie termică

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LEGE no. 325 325 of 14 July 2006 (* updated *) public thermal power supply service ((updated until 1 February 2014 *)
ISSUER PARLIAMENT




--------------- The Romanian Parliament adopts this law + Chapter I General provisions + Section 1 Regulatory area + Article 1 (1) The present law regulates the conduct of activities specific to public thermal power supply services used for heating and preparation of hot water consumption, namely the production, transport, distribution and supply of energy Thermal in centralized system, in conditions of efficiency and quality standards, with a view to optimal use of energy resources and compliance with environmental protection norms. (2) The provisions of this Law shall apply to the public service of heat supply in centralized system, established and organized at the level of communes, cities, municipalities or counties, regardless of their size. + Article 2 (1) The public power supply service in centralized system is part of the scope of the Community public utilities services and includes all the activities related to the production, transport, distribution and supply of thermal energy, carried out at the level of administrative-territorial units under the direction, coordination and responsibility of local public administration authorities or community development associations, as appropriate, in order to ensure the necessary thermal energy heating and preparation of hot water consumption for the population, public institutions, social-cultural objectives and economic operators. (2) The public supply service with thermal energy in centralized system is carried out through the specific technical-publishing infrastructure belonging to the public or private domain of the local public administration authority or to the association of community development, which forms the district heating supply system of the locality or the association of community development, hereinafter referred to as SACET. ((3) For the purposes of this Law, SACET is composed of a technological and functional unit consisting of constructions, installations, equipment, specific facilities and measuring instruments intended for the production, transport, distribution and supply thermal energy in the territory of the localities, comprising: a) thermal power plants or electric district heating plants; b) transport networks; c) thermal points/thermal stations; d) distribution networks; e) construction and auxiliary installations; f) connections, up to the points of delimitation/separation of installations; g) measuring, control and automation systems. + Section 2 Law principles and objectives + Article 3 The principles of this law are: a) efficient use of energy resources; b) sustainable development of administrative-territorial units; c) diminishing environmental impact; d) promoting high-efficiency cogeneration and the use of new and renewable energy sources; e) regulation and transparency of tariffs and prices of thermal energy; f) ensuring non-discriminatory access of users to thermal networks and to the public service of heat supply; g) "a condominium-a heating system". + Article 4 The objectives of this Law are: a) ensuring the continuity of the public thermal power supply service; b) ensuring the quality of the public thermal power supply service; c) accessibility of prices to consumers; d) providing the necessary resources for the public service of heat supply, in the long term; e) ensuring the operational safety of the public thermal power supply service; f) transparency of costs in determining the price of thermal energy. + Section 3 Definitions + Article 5 For the purposes of this law, the following terms and expressions have the following meanings: 1. access to the network-the right of operators and users to connect/branch, under the law, to thermal networks; 2. thermal agent-fluid used for accumulation, thermal transfer and for transmission of thermal energy; 3. hot water consumption-hot water used for household or hygienic-sanitary purposes; 4. authorization-technical and legal act issued by the National Regulatory Authority for Community Services of Public Utilities, granting a legal person the permission to mount, put into operation, modify, repair and repair exploit cost allocation systems; 5. competent regulatory authorities-the National Regulatory Authority for Community Services of Public Utilities, hereinafter referred to as A.N.R.S.C., and the National Energy Regulatory Authority, hereinafter referred to as the A.N.R.E.; 6. thermal connection-the physical connection between a thermal network and the own installations of a user; 7. condominium-immovable, housing block, building-real estate from which some parts are individual properties, represented by apartments or spaces with a destination other than that of dwelling, and the rest, from parts in the property common. By assimilation can be defined condominium and a section, with one or more stairs, within the dwelling building, given that the common property can be delimited; 8. thermal energy consumer-natural or legal person using heat energy for their own purpose through their own facilities; 9. cogeneration-simultaneous production of heat and electricity and/or mechanics in technological installations specially made for it; 10. electric cogeneration plant-assembly of plants, constructions and equipment necessary for the production of electricity and heat in cogeneration; 11. convention-legal act, annex to the contract for the supply of thermal energy, concluded between an operator and a user, establishing the conditions for billing and payment of thermal energy at the consumer level within a condominium; 12. distribution of thermal energy-the activity of transmission of thermal energy from the manufacturer or the transport network to the user, including the transformation of the parameters of the thermal agent, carried out by the use of the distribution 13. supply of thermal energy-the activity by which the marketing of thermal energy between producers and users is ensured on a contractual basis; 14. thermal energy measurement groups-the assembly consisting of the flow meter, thermoresistors and integrator, subject to legal metrological control, which measures the amount of thermal energy supplied to a user; 15. installations of users-all installations and receivers using supplied thermal energy, located after the thermal connection in the property or in the administration of the operator; 16. license-technical and legal act issued by the competent regulatory authority, recognizing a Romanian or foreign legal person the quality of the operator of the public service of heat supply in centralized system, such as and competence, capacity and the right to provide/provide the service regulated by this law and to exploit centralized heat supply systems; 17. operator of the service-Romanian or foreign legal person who has the competence and the ability recognized by the license to fully perform the activities specific to the public service of heat supply in centralized system; by the decision of the local public administration authority or the association of community development, the activity of thermal energy production may be performed by one or more operators; 18. price-the value of the heat unit supplied to a user; 19. binom price-supply price in which the value of the payment invoice for a certain period is spread monthly on a fixed amount, independent of the amount of energy consumed, and on a variable amount, proportional to the consumption carried out in that period; 20. local price-price consisting of the price of heat production and tariffs of transport, distribution and supply services, approved by the local public administration authority or by the community development association, as the case may be, with the opinion the competent regulatory authority, for each operator having and the quality of the supplier; 21. local price for the population-price for the heat supplied and invoiced to the population through SACET, approved by decision of the local public administration authority or the community development association, as the case may be, in accordance with legal provisions; 22. manufacturer of thermal energy-operator, license holder for the production of thermal energy; 23. production of thermal energy-the activity of transformation of primary sources or some forms of energy in thermal energy, stored in the thermal agent; 24. delimitation/separation point of installations-the place where the change of ownership occurs on the installations of a SACET; 25. thermal connection-the connection between a thermal network and a thermal station; 26. thermal network-pipe assembly, pumping installations, other than those existing at the manufacturer, and auxiliary installations with which thermal energy is transported continuously and controlled between producers and thermal stations or users; 27. cost allocator-apparatus with dimensionless indications, intended for use within the cost allocation systems, for the purpose of indirect measurement of: a) thermal energy consumed by the heating body on which it is mounted; b) thermal energy contained in hot water consumption and the volume of hot water consumption passing through the device; 28. allocation of costs-totality of actions and activities carried out by a legal person, authorized by the competent authority, for the purpose of distribution of costs on individual properties in condominium buildings; 29. public thermal power supply service public service of general interest that includes the totality of the activities carried out for the purpose of centralized heating with thermal energy of at least 2 users connected to SACET; 30. Central heating supply system-SACET-all technological installations, equipment and constructions, located in a precisely delimited area, connected by a common technological and functional process, intended for the production, the transport and distribution of thermal energy through thermal networks for at least 2 users; 31. costs distribution systems-a whole consisting of several cost allocators, of the same kind, the related fittings and installations, mounted in condominium buildings, which operate and are operated on the basis of a calculation program specialised; 32. standard of performance-the technical norm establishing the quantitative and qualitative indicators of the public thermal energy supply service; 33. thermal station-all installations within a SACET, through which the transformation and/or adaptation of the thermal agent parameters to the needs of the consumption of one or more users is carried out; 34. transport of thermal energy-the activity of transmission of thermal energy from producers to the distribution thermal networks or to users connected directly to the thermal transport networks; 35. thermal energy user-one or more thermal energy consumers, beneficiary of the public thermal power supply service; in the case of condominiums, the user means all consumers in the respective condominium; 36. protection/safety zone-area adjacent to SACET constructions and installations, extended and in space, in which restrictions or prohibitions on the construction and exploitation regime of the land fund are introduced to ensure protection and the normal functioning of the energy objective and in order to avoid the endangerment of persons, goods and the environment, established by technical rules issued by the competent regulatory authority; 37. the geographical area of heating-the geographical area belonging to an administrative-territorial unit, within which only one technical heating solution can be promoted. + Chapter II Organization and functioning of the public thermal power supply service + Section 1 Policies and strategies + Article 6 (1) The policy in the field of public thermal energy supply service is elaborated by the Ministry of Administration and Interior in collaboration with the Ministry of Economy and Commerce and is an integral part of the state's energy policy. (2) The social protection policy in the field of heat supply is elaborated by the Ministry of Labour, Social Solidarity and Family in collaboration with the Ministry of Administration and Interior, in consultation with non-governmental associations representative in that field. + Article 7 (1) The Government approves the National Strategy on the public service of heat supply in centralized system. (2) The strategy referred to in paragraph (1) is elaborated by the Ministry of Administration and Interior in collaboration with the Ministry of Economy and Commerce and the Ministry of Environment and Water Management, with consultation of representative non-governmental organizations in the field. + Section 2 Tasks of local public administration authorities in the field of thermal energy + Article 8 (1) The establishment, organization, coordination, monitoring and control of the public thermal power supply service are obligations of local public administration authorities. (2) In ensuring the public service of heat supply, the authorities of the local public administration mainly have the following tasks: a) ensuring the continuity of the public supply service with thermal energy at the level of administrative-territorial units; b) annual elaboration of the own program in the field of thermal energy, correlated with the own energy efficiency program and approved by decision of the local council, county or General Council of Bucharest Municipality or of the association of community development, as appropriate; c) establishment of an energy compartment within its own apparatus, under the law; d) approval, under the law, within a maximum of 30 days, of proposals regarding the local price level of thermal energy to thermal energy users, submitted by the operators of the service; e) approval, under the law, of the local price for the population; f) the approval of the SACET development, modernization and metering program, which must include both funding sources and completion deadline, based on the data provided by the service operators; g) ensuring the conditions for the preparation of studies on the assessment of the local potential of renewable energy resources and feasibility studies on the use of this potential; h) the exercise of control of the public service of heat supply, under the law; i) establishment of the unit heating areas, based on feasibility studies on regional development, approved by decision of the local council, the county council or the General Council of Bucharest Municipality or of the association of community development, as appropriate; j) aims to establish by the operator of the protection and safety areas of SACET, under the law; k) aims to develop and approve metering programs at the thermal connection level of thermal energy users connected to SACET. (3) In order to modernize and develop SACET, in feasibility studies, heat supply solutions produced by high-efficiency cogeneration or by harnessing local renewable resources are also analyzed. + Article 9 The energy compartment, established in accordance with the provisions of art. 8 8 para. ((2) lit. c), has the following main tasks: a) elaborates and proposes for approval to the authority of the local public administration program of modernization and development of SACET; b) identify the unit heating areas; c) elaborates, in accordance with the framework regulations issued by A.N.R.S.C., and submits for approval to the local public administration authority the following: -the regulation of the public thermal power supply service; -the specification for the provision of the public thermal power supply service and for the operation of SACET; -the contract for the delegation of the management of the public thermal power supply service, as the case may be; d) aims to achieve the objectives contained in SACET's own modernization and development program; e) pursues the fulfilment of contractual clauses, in the case of delegated management; f) periodically communicate the data required by the competent regulatory authorities; g) control the way of conducting the activity on the distribution of thermal energy costs in condominiums; h) provide and submit to the local public administration authority the preliminary data necessary to substantiate and develop strategies for the local recovery of the potential of renewable energy resources; i) proposes solutions for the local recovery of the potential of renewable energy resources; j) elaborates and pursues the implementation of the SACET metering program. + Section 3 Organisation of management + Article 10 (1) The management of the public thermal power supply service through SACET may be organised in the following ways: a) direct management; b) delegated management. (2) The choice of the form of management of the public service of heat supply through SACET is made by decision adopted by the local public administration authorities or by the community development associations. (3) Local public administration authorities may associate with each other in order to establish community development associations, in accordance with the provisions of the Law of Community Public Utilities Services no. 51/2006 , and may constitute commercial companies with public or mixed capital, in order to manage the public thermal power supply service through SACET, under the law. (4) An authority of the local public administration or a community development association may associate with legal persons, Romanian or foreign, for the formation of public or mixed companies, in order to manage public thermal power supply service through SACET, under the law. + Section 4 Direct management + Article 11 ((1) In the case of direct management, local public administration authorities or community development associations, as the case may be, shall directly assume all tasks and responsibilities regarding the organization, management, administration, operation and the financing of the public thermal power supply service through SACET. (2) Direct management is carried out through the own structures of the local public administration authorities or community development associations, established by decisions of the county councils, of the local councils, of the General Council of The city of Bucharest or the associations of community development, as the case may be, as defined according to Law no. 51/2006 . + Section 5-a Delegated management + Article 12 (. In the case of delegated management, the local public administration authorities or the Community development associations, as the case may be, shall, in whole or in part, transfer the rights and obligations relating to the provision of the public service of heat supply and the administration and operation of SACET to an operator that can be a public, private or mixed company. (2) The delegated management shall be awarded either by concession or according to the public-private partnership procedure, in accordance with the legal provisions. ((3) The operators of heat supply services through SACET operate only on the basis of the licence issued by the competent regulatory authority. (4) The concession contracts in progress on the date of entry into force of this Law shall operate until the expiry or, as the case may be, their termination under the law. ((5) The concession shall cease by law by withdrawing or terminating the validity of the license, as well as under the conditions laid down in the legislation on the (6) In the event of termination of the contract of delegation of management, the operator of the service has the obligation to ensure the continuity of the public supply service with thermal energy for a fixed period, established by the public administration authority local or community development association, as the case may be, but not more than 12 months. + Chapter III Competent regulatory authorities + Section 1 Powers and powers + Article 13 The competent regulatory authorities for the heat supply service are A.N.R.S.C. and/or A.N.R.E., as the case may be. + Article 14 (1) A.N.R.S.C. elaborates, establishes and aims to apply the assembly of mandatory regulations at national level, necessary for the functioning of the thermal energy market, in conditions of efficiency, competition, transparency and consumer protection. (2) A.N.R.S.C. has the following tasks and powers: a) regulate the activities of thermal energy production, transport, distribution and supply of thermal energy, except for the production of thermal energy in cogeneration; b) monitor and control the operators of SACET on compliance with the regulations issued by the Authority; c) develop and approve, by order of the President, technical and commercial regulations, according to the powers that are established; d) regulates the determination of protection and safety zones for SACET; e) elaborates the framework regulation of the public thermal energy supply service, which also includes provisions specific to the activity of production of thermal energy in cogeneration, elaborated by A.N.R.E.; f) elaborates and approves the specification of the framework tasks for the realization of the public thermal power supply service through SACET, as well as the framework documentation for the delegation of the management of the service and the related SACET. The framework specification will also include provisions specific to the activity of production of thermal energy in cogeneration, developed by A.N.R.E.; g) elaborates and approves, by order of the President, the framework contract and the framework convention for the supply of thermal energy; h) elaborates and approves, by order of the president, technical norms on the distribution of thermal energy consumption between consumers in condominium buildings, in case of use of cost distribution systems for heating and water warm consumption; i) develop the regulation for granting licenses, which are approved by Government decision; j) license operators; k) issue permits for the installation, commissioning, repair and operation of cost allocation systems; l) develop a database for the monitoring of SACETs and the public thermal power supply service, in order to analyze the performance indicators compared; m) ensures, together with A.N.R.E., the access of central public administration authorities to the necessary information to develop strategies and policies in the field of thermal energy. + Article 15 (1) In the field of thermal energy, A.N.R.E. grants licenses and approves technical and commercial regulations according to the tasks established by Electricity Law no. 318/2003 for the activity of thermal energy production in cogeneration, intended for the public thermal energy supply service in centralized system. (2) A.N.R.E. elaborates the provisions specific to the activity of thermal energy production in cogeneration, in order to be included in: -the framework regulation of the public thermal power supply service, developed by A.N.R.S.C.; -the framework agreement for the concession of the public thermal power supply service through SACET, developed by A.N.R.S.C. (3) A.N.R.E. endorses the provisions specific to the activity of production of thermal energy in cogeneration, included in the framework regulation of the public thermal power supply service and in the framework specifications for the concession of the service Public thermal power supply through SACET. + Article 16 (1) The framework regulation of the public thermal energy supply service is approved by order of the President of A.N.R.S.C. (2) The specification of the framework tasks for the delegation of the management of the public service of heat supply through the related SACET is approved by order of the President of A.N.R.S.C. + Section 2 Licences + Article 17 (1) In order to carry out all the activities contained in the public thermal power supply service through a SACET a single license is granted. ((2) In the case of heat production in cogeneration or by several producers in a SACET, separate licences may be issued for the production of thermal energy and for the other activities related to the public service of Heat supply is issued a single license. (3) The activity of production of thermal energy in cogeneration is carried out on the basis of license granted by A.N.R.E., in accordance with the legislation in force. (4) The unjustified refusal of licensing can be appealed in administrative litigation to the Bucharest Court of Appeal. (5) The licenses valid on the date of entry into force of this Law may be maintained, modified, suspended or withdrawn by A.N.R.S.C., under the law. (6) Within 30 days from the date of entry into force of this Law, A.N.R.E. shall hand over, by protocol of takeover-takeover, to A.N.R.S.C., the licenses within the scope of its competence. (7) Licences valid on the date of entry into force of this law, taken from A.N.R.E. according to par. (6), may be modified, suspended or withdrawn by A.N.R.S.C., under the law. + Chapter IV Investments in thermal energy + Section 1 Sources of funding + Article 18 (1) The investment works in the field of thermal energy may be financed from: a) the operator's own funds and/or funds from the local budget, in accordance with the obligations assumed by the delegation contracts; b) bank loans, which can be guaranteed by the local public administration authorities, the Government or other entities specialized in the granting of bank guarantees; c) non-reimbursable funds obtained through bilateral or multilateral arrangements; d) special taxes, established at the level of local public administration authorities, according to the law e) funds transferred from the state budget as participation in the co-financing of projects carried out with external financing, as well as from the budgets of some main authorising officers of the state budget, in compliance with the legislation in force; f) the amounts made redundant by the gradual reduction of the subsidies for the thermal energy provided to the population; these amounts will be used by the local public administration authorities, on the basis of studies and programs for retrofitting, modernization and the efficiency of SACET, endorsed by the Ministry of Administration and Interior; g) financial sources, resulting from the trading of greenhouse gas emission reduction units; h) other sources, under the law. (2) The redevance of the contracts for the delegation of the management of the heat supply service through SACET shall be the source for the financing of investment works in that system. + Article 19 ((1) The documentation on the organization and conduct of the procedure for delegation of management shall be elaborated in accordance with the legislation specific to each type of contract. The specifications and selection criteria applicable in the procedures for the award of delegation contracts shall be drawn up and approved by the local public administration authorities or by the Community development associations, after the case, on the basis of the framework specifications and the framework selection criteria drawn up by the competent regulatory authorities and in compliance with the provisions of the legislation applicable to the type of delegation contract of the adopted management. (2) The contract delegation contracts will also provide for the concrete tasks of the local public administration authorities or community development associations, as the case may be, respectively the operator on the implementation and financing of the investments related to SACET. + Article 20 In the case of delegated management, the goods carried out by the operators in accordance with the investment programmes imposed by the management contract shall constitute return goods which are rightful, upon the expiry of the contract, to the units administrative-territorial and are integrated to their public domain; in the contract of delegation of management it is also stipulated the way of distribution of these investments at the end, of any case, of the contract. + Section 2 Facilities + Article 21 Investments in SACET benefit from the legal facilities in force when the transaction is concluded. The facilities obtained shall be stipulated in the contract for the delegation of the management of the public supply service with thermal energy and remain valid for the period established at its conclusion, except for the adoption of more favorable legal provisions operator. + Chapter V Renewable sources of heat + Section 1 Defining sources + Article 22 (1) Under the conditions of this Law, the following shall be considered renewable sources of heat: a) solar energy; b) geothermal energy; c) the energy contained in the biodegradable fraction of the products, waste and residues in agriculture, including plant substances and residues of animal origin, forestry and related industries, as well as the biodegradable fraction of waste industrial and communal, city and municipal, called biomass; d) the energy contained in the fermentation gas of the waste, also referred to as storage gas; e) the energy contained in the fermentation gas of sludge from wastewater treatment plants; f) the energy contained in gaseous secondary products, obtained by fermentation from organic waste materials, forming the gas fuel category, called biogas; g) energy contained in liquid products obtained by distillation of fermented organic matter, forming the category of liquid fuel, called fuel alcohol; h) energy obtained from other renewable sources, not currently exploited. (2) The central and local public administration authorities may initiate and finance programs for the use of renewable sources of heat. + Section 2 Technical conditions for use and marketing + Article 23 A.N.R.S.C. regulates technical conditions for access to thermal networks. + Section 3 Facilities + Article 24 The development of the use of renewable sources of thermal energy in order to produce thermal energy is based on technical-economic studies and, by Government decision, on the proposal of the local public authorities or the Romanian Agency for the Conservation of Energy, the marketing conditions and facilities which may be granted shall be approved. + Chapter VI Thermal energy market + Section 1 Participants in the thermal energy market + Article 25 (1) The participants in the thermal energy market are the operators and users of thermal energy. (2) The thermal power plants and the electric heating plants that are part of SACET may belong to the public or private domain of the administrative-territorial units, the private domain of the state, as well as to legal entities, under the law. (3) Thermal power plants and electric district heating plants which are part of SACET may, as the case may be, be subject to the privatization process, may be given under management or concession or may be included in any form of association or partnership public-private, under the conditions provided by law. + Section 2 Metering of thermal energy users + Article 26 (1) It is mandatory to install the thermal energy measurement groups at the points of delimitation/separation of installations from the point of view of the property or the right of administration or at other points, agreed between the contracting parties. (2) The thermal energy measurement groups, mounted at the point of delimitation/separation of facilities from the point of view of the property or the right of administration or at other points agreed between the contracting parties, are part of the networks thermal of SACET. (3) The acquisition and installation of thermal energy measurement groups in order to metering at the level of thermal connection in a SACET return to the local public administration authorities. (4) Maintenance, repair, metrological verification and replacement of thermal energy measurement groups in case of condominiums shall be the responsibility of the operator of the service. The cost of these operations will be distinctly highlighted in the price of (5) Any unauthorised intervention on thermal energy measurement groups shall be prohibited. + Article 27 The thermal energy user has the right to request, in justified cases, the repair, replacement or metrological verification of the thermal energy measurement groups. + Section 3 Contractual relations + Article 28 (1) The contract for the supply of thermal energy is concluded, at the level of thermal connection, between the operator who also has the quality of supplier and the users of thermal energy. (2) In the case of condominiums, the contract for the supply of thermal energy, at the request of the operator who also has the quality of supplier, is accompanied by conventions, concluded by him with each consumer from the condominium, fed by the same connection thermal, in compliance with the provisions of the framework contract for the supply of thermal energy. (3) The contract for the supply of thermal energy and individual conventions must provide for clauses regarding the access of authorized persons to the user's property for the purpose of taking over information from the devices and devices of the system distribution of costs. + Section 4 Allocation of costs + Article 29 (1) In the case of consumers in a condominium, supplied by a common thermal connection, they are mandatory to install cost allocators by the owners and to establish a cost allocation methodology, approved in the assembly general of the owner/tenants association, based on the framework methodology developed by A.N.R.S.C. (2) The cost-reparers shall be an integral part of the property-related facilities. (3) The mounting, maintenance and operation of the thermal energy cost allocators, both for heating and for hot water consumption, shall be carried out only by legal entities authorized by A.N.R.S.C. + Section 5-a Protection of the thermal energy user + Article 30 (1) The total disconnection of the indoor heating and/or domestic hot water installations of a condominium user will be made in the following cumulative conditions: a) written consent of the association of owners, expressed by the decision of the general meeting b) the announcement of the operator who also has the status of supplier and the authority of the local public administration 30 days before the disconnection. ((2) The disconnection of a thermal energy consumer from a condominium shall be subject to the following cumulative conditions: a) the agreement of the apartment neighbors, both horizontally and vertically; b) the written consent of the association of owners, expressed by the decision of the general meeting, on the intention to carry out an individual heating system; c) the announcement, in writing, of the operator who also has the status of supplier, at least 30 days before. (3) The disconnection of a thermal energy user, other than the condominium type, is carried out with the announcement of the operator who also has the quality of supplier, at least 30 days before. (4) Disviews/disconnections provided in par. ((1)-(3) cannot be achieved during the heating season. (5) Disviews/disconnections provided in par. ((1)-(3) shall be carried out only by the operator who also has the status of supplier, within a maximum of 45 days from the date of the request, after verifying the documents proving the fulfilment of the cumulative conditions imposed. (6) The disconnection/disconnection expenses shall be borne by the applicant. + Article 31 Timetable for compliance with the deadlines assumed for the completion of the metering at the thermal connection level and the installation of cost allocators for individual thermal energy consumers, the ongoing conditions and sanctions in case of non-compliance with the provisions for the completion of thermal connection level metering, individual metering and cost allocation, and the term and conditions of application for the binomial price of thermal energy shall be established by Government decision. + Chapter VII Rights and obligations of service operators and users of thermal energy + Section 1 Rights of operators + Article 32. The operators of the service mainly have the following rights: a) to carry out commercial activities related to the sale-purchase of thermal energy, by exploiting the production capacities and thermal networks; b) to request the establishment, adjustment and/or modification of the level of prices and/or tariffs of transport, distribution and/or supply of thermal energy and to collect the value of the thermal energy provided; c) establish the technical conditions for branching or disconnection of thermal energy users to the installations under their administration, in compliance with the technical regulations in force and the regulations issued by A.N.R.S.C.; d) to use land and other property owned by a third party, in compliance with the provisions art. 37 37 para. ((3) and (4) of Law no. 51/2006 , to ensure the normal operation of the facilities it manages and operates; e) have access, under the law, to the interior installations of the thermal energy user, according to the individual supply contracts/conventions, whenever the intervention is necessary; f) to provide information activities, consultancy or to perform repair and rehabilitation works at the installations of thermal energy users, under the conditions agreed with them, in order to increase the efficiency and rational use of energy thermal; g) to challenge, in administrative litigation, at the Bucharest Court of Appeal, under the law, the acts issued by the competent regulatory authority or by the local public administration authorities. + Article 33 For the protection of production facilities and thermal networks, third parties, natural or legal persons shall be prohibited: a) place construction of any kind in the safety zone of the objectives of SACET; b) to carry out excavations in the safety zone of the SACET objectives without the prior opinion of the operator; c) to store materials in the safety zone of the installations; d) to intervene, in any way, on thermal networks. + Article 34 If changes are made to the existing thermal networks routes and sites, their costs will be borne by the one who generated that change. + Section 2 Obligations of operators + Article 35 (1) The operators of the service mainly have the following obligations: a) comply with the provisions of the license, specification and the contract of delegation of management; b) ensure the continuity of the public thermal power supply service; c) comply with performance indicators approved by local public administration authorities; d) ensure full transparency as regards the calculation of invoices for services rendered; e) to draw up annually and to follow the balance of thermal energy, related to each activity provided for in the license, endorsed by the competent authority and approved by the local public administration authority; f) to request the abolition of constructions and other objectives illegally located in the protection zone, as well as those who do not respect the safety distances from their own constructions and installations related to the activities provided for in the license; g) provide the authority of the local public administration and the national regulatory authority with information on the activities provided for in h) ensure the security of the public thermal power supply service and SACET; i) to ensure non-discriminatory access to the thermal network for all users of thermal energy applicants; j) to keep separate accounting situations for each regulated activity specific to the public thermal power supply service, according to the legal provisions; k) to ensure the stocks of fuels and spare parts, in such a way as to respect the principle of continuity of the public service of heat supply, under any conditions; l) to develop procedures/instructions specific to their own activity, in accordance with the legal provisions. (2) By exception to the provisions of par. ((1) lit. b), the public thermal power supply service can be interrupted under the following conditions: in case of force majeure, damage, as well as in the periods scheduled for revision. Thermal energy users will be informed in detail of the conditions for the interruption of the public thermal power supply service. + Article 36 ((. The operator of the service shall be responsible for the damage caused to the user of thermal energy at his fault under the conditions laid down by the contract and, a) does not start the supply of thermal energy at the contracted term or does not deliver the thermal energy under the conditions set b) does not notify the thermal energy user in advance of the limitations or interruptions scheduled for planned works; c) after the cessation of the supply of the thermal energy required by the thermal energy user, does not resume the provision within the first 3 working days from the receipt, in writing, of the notification regarding the cessation of the cessation d) does not comply with the quality parameters contracted for the heat supplied. (2) The thermal energy supplier is entitled to recover from the manufacturer or the thermal energy user, as the case may be, the damage proven to be his fault. + Section 3 Rights of thermal energy users + Article 37 The users of thermal energy mainly have the following rights: a) take over the thermal energy from the distribution facilities in accordance with the provisions of the supply contract; b) have access to the thermal energy measurement groups used for billing; c) require the operator who also has the quality of supplier to remedy the defects and the disturbances occurred at the distribution facilities; d) to recover from the operator of the service the damage proven to be his fault; e) other rights provided for in contracts concluded with the thermal energy supplier, as well as in Law no. 51/2006 ; f) to be announced, in advance, about the interruption of the supply of thermal energy; g) to have access or to receive, on request, information on the structure of the costs/tariffs charged by the operator who also has the quality of supplier. + Section 4 Obligations of thermal energy users + Article 38 (1) The thermal energy users mainly have the following obligations: a) to pay the invoices issued by the operator who also has the status of supplier; the invoice is issued, at the latest, until the 15th of the month following the month in which the performance was carried out. By way of derogation from provisions art. 42 42 para. ((9) of Law no. 51/2006 , thermal energy users are obliged to pay the bills representing the value of the service they received within the maturity of 15 days from the date of issue of the invoices; the date of issue of the invoice and the maturity date shall be entered the bill. The non-payment of the invoice within 30 days from the due date attracts late penalties, according to the provisions art. 42 42 para. ((10) of Law no. 51/2006 ; b) allow the operator who also has the status of supplier, at his request, the scheduled interruption of the thermal energy supply for maintenance, revisions and repairs executed at its installations; c) allow access to the operator who also has the status of supplier to the thermal energy use facilities in use or on his property, to check their operation and integrity or to disconnect/disconnect installations in the event of non-payment or damage; d) not to consume thermal energy bypassing or affecting the means of measure. (2) The owners of the individual apartments located in condominium dwelling buildings, which are disconnected from the heat supply network, pay a share of the thermal energy expenses consumed for heating the premises. owned by individuals, proportional to the share of the individual. + Article 39 The rights and obligations laid down in this Chapter shall be detailed in the framework regulation of the public thermal power supply service and in the provisions of the framework contract for the supply of thermal energy, developed by A.N.R.S.C., and shall be fill in with Law no. 51/2006 . + Chapter VIII Prices and tariffs + Section 1 Pricing and tariffs + Article 40 (. Local prices shall be determined, adjusted or modified on the basis of methodologies approved by the competent regulatory authority. In their calculation will be considered the justified costs of the activities of production, transport, distribution and supply of thermal energy, including the expenses related to the development and modernization of SACET, technological losses, expenses for environmental protection, as well as a share of profit, but not more than 5%. ((2) The amounts collected through prices and/or tariffs, corresponding to the expenses for the development and modernization of SACET, shall be constituted in a separate account of the operator and shall be used on the basis of the development program endorsed by the the local public administration concerned, exclusively for the purpose in which it was constituted. (3) The technological losses shall be approved by the authority of the local public administration, having regard to a documentation, drawn up on the basis of the energy balance, drawn up by the operator who also has the status of supplier and endorsed by the competent authority. (4) The prices of thermal energy produced from renewable sources, intended for the heat supply service through SACET, are approved by A.N.R.S.C. (5) The price of thermal energy produced in cogeneration is approved by decision of the President of A.N.R.E., based on its own methodology, except in cases in which concession or public-private partnership contracts were negotiated fixing/adjusting the price of thermal energy. (6) The price of thermal energy produced in cogeneration, intended for SACET, is approved by decision of the President of the A.N.R.E., on the basis of its own methodology, except in cases where concession or public-private partnership contracts have been negotiated, before the entry into force of this law, formulas or rules establishing/adjusting the price. In this case the price of thermal energy is approved by the authority of the local public administration with the opinion (7) In cases where, in order to delegate the management of the service, in the management contracts the management is negotiated formulas or rules for the establishment/adjustment of the price of thermal energy, they shall be informed in advance by the authority of competent regulation. In this case the price shall be approved by the authority of the local public administration concerned, according to the rules established, with the opinion of the (8) Local thermal energy supply prices are the same for thermal energy users, under similar supply conditions. (9) Local prices for the population at which thermal energy is made are approved by local public administration authorities or community development associations, as the case may be, according to the regulations in force. At the level of the same administrative-territorial unit, the local price for the population is unique, regardless of the technologies of the system of production, transmission and distribution of thermal energy or the type of fuels The difference between local thermal energy prices and local prices for the population is allocated from the budgets of local public administration authorities or community development associations, as the case may be. ((10) If, after adjusting the prices and tariffs, the suppliers of fuels and electricity change the delivery prices, having the effect of increasing the price of the thermal energy produced, the local public administration authorities or community development associations, as the case may be, may approve the corresponding recalculation of local prices and, where applicable, local prices for the population, starting with the date of the first delivery made at the new prices, without changing the cost level the other items of expenditure and the share of profit, with the operative opinion of competent authority. ((11) Thermal energy consumers in spaces with a destination other than housing in a condominium pay the local price. (12) The price for thermal energy produced and delivered to the population by system other than SACET, practiced by economic operators and public institutions, will be approved by A.N.R.S.C. (13) Local public administration authorities may decide that the population receiving thermal energy from economic operators or public institutions, according to the provisions of par. (12), to benefit from the price established according to the provisions of ((9). + Article 41 Service operators who practice prices and/or tariffs are required to submit to the competent regulatory authorities: a) fixed and variable costs, as well as scheduled and realized revenues, separately for each of the activities of the public thermal power supply service, in the structure established by the competent regulatory authority; b) the way of allocating the assets, liabilities, expenses and revenues envisaged when the accounting statements are drawn up, according to art. 35 35 para. ((1) lit. j); c) other information necessary for financial and economic analyses to substantiate pricing policies. + Article 42 The amounts that remained available through the gradual reduction of the thermal energy subsidies provided to the population from an administrative-territorial unit will be distributed and used only for retrofitting, modernizing and streamlining SACET from that administrative-territorial unit. + Section 2 Social protection + Article 43 With the gradual reduction of subsidies for thermal energy, it is ensured by the Ministry of Labour, Social Solidarity and Family aid for heating the home of families and single people with reduced incomes, under the law. + Chapter IX Offences and contraventions + Article 44 Violation of the provisions of this law attracts disciplinary, civil, contravention or criminal liability, as appropriate. + Article 45 (1) It constitutes contraventions, other than those provided for in Law no. 51/2006 , and is sanctioned with a fine of 500 lei per 1,000 lei the following facts: a) the use by the user of the hot drinking water and the heating agent for heating for purposes other than those provided for in the contract; b) the disconnection/disconnection from SACET of the user or the thermal energy consumer without complying with the provisions of this law; c) the emptying of installations by the user/consumer of the service in order to execute changes or repairs without the written consent of the operator of the service and the owners ' association, except in cases of damage or force majeure. (2) It constitutes contraventions, other than those provided for in Law no. 51/2006 , and is sanctioned with a fine of 2,000 lei to 5,000 lei the following facts: a) non-establishment by the operator of the protection and safety zones of SACET; b) the installation, commissioning, repair and operation of the costs distribution systems by a legal person without authorization or with authorization whose validity has expired; c) the storage of materials in the safety zone of the objectives of SACET d) carrying out excavations in the safe zone without the prior notice of the operator SACET e) non-compliance by the local public administration authorities with the provisions of the framework regulation when drafting the own service regulation; f) non-compliance with the service operator of the provisions of the service g) failure to provide fuel stocks and spare parts for the operation of SACET; h) non-preparation by the operator of the thermal energy balance sheet service, related to each activity provided in the license. (3) It constitutes contraventions, other than those provided for in Law no. 51/2006 , and is sanctioned with a fine of 10,000 lei to 20,000 lei the following facts: a) failure to prepare the accounting statements related to the service separately from other services or activities that the operator carries out; b) construction location of any kind in the safety zone of SACET. (4) It constitutes contraventions, other than those provided for in Law no. 51/2006 , and is sanctioned with a fine of 30,000 lei to 50,000 lei the following facts: a) the practice by the thermal energy producers and/or the operators of the service of prices other than those established by the competent regulatory authority, by the authority of the local public administration or by the association of community development, where applicable; b) the practice by economic operators and public institutions of other prices for thermal energy produced and delivered to the population than those approved by the competent regulatory authority; c) substantiation and support of the request for establishment or adjustment of prices by the thermal energy producers and/or the operator who also has the quality of supplier with erroneous data, in order to obtain higher prices, if the act does not constitutes a crime d) the provision of public service of thermal power supply without contract of delegation of management, concluded under the law, with the authority of the local public administration or with contract for delegation of expired or terminated management, under the conditions art. 12 12 para. ((6); e) the provision of the public supply service with thermal energy without a license or with a license whose validity has expired. + Article 46 (1) The finding of contraventions and the application of sanctions provided in art. 45 are made by the authorized representatives of the competent regulatory authorities and/or of the local public administration authority, according to the duties established in this law and in Law no. 51/2006 . (2) In the case of contraventions provided in art. 45 45 para. ((4) lit. a)-c), the wrongly established prices shall be corrected, and the amounts collected unduly shall be returned to the users of thermal energy, local budget or state budget, as the case may be. ((3) Contraventions provided for in art. 45 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. + Article 47 Repealed. ----------- Article 47 was repealed by art. 184 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 48 Damage, modification without right or blocking the operation of thermal energy measuring groups or the destruction of seals applied to them constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. + Article 49 Repealed. ----------- Article 49 was repealed by art. 184 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 50 Repealed. ----------- Article 50 was repealed by art. 184 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 51 Repealed. ----------- Article 51 was repealed by art. 184 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Chapter X Transitional and final provisions + Article 52 (1) Within one year from the date of publication in the Official Gazette of Romania, Part I, Law no. 51/2006 , A.N.R.S.C. elaborates and approves the framework regulation and the framework specifications of the public thermal power supply service. (2) The energy compartments of the local public administration authorities will be established, as the case may be, after October 1, 2006. (3) Until the date of entry into force of this Law, the energy compartments of the local public administration authorities have the obligation to develop their own regulation, in accordance with the provisions of the framework regulation. + Article 53 Within 12 months from the date of entry into force of this law, the district heating regions will be reorganized, by decisions of the local public administration authorities, in companies, under the law. + Article 54 (1) The design, execution and commissioning of SACET shall be prohibited without their corresponding equipment with measuring-recording devices of thermal energy quantities produced and/or invoiced. ((2) Design and realization of new condominium buildings with housing destination or mixed destination-housing and spaces with another destination-, having the common source of heat supply or connected to public distribution networks, must ensure the individualization of the consumptions and the conditions of mounting the measurement-recording systems-distribution of consumptions for the entire building and for each apartment or space with another destination. (3) As of the date of entry into force of this Law, condominium buildings may be connected to SACET if the principle "a condominium-one heating system" is observed, based on a phased program approved by the authority local public administration, applicable until 31 December 2009. + Article 55 The provisions of this Law shall be completed Law no. 51/2006 . + Article 56 This Law shall enter into force on 21 March 2007, with the exception of the provisions of art. 52 52 para. ((2) and (3) and art. 54 54 para. ((1) and (2), which shall enter into force 3 days from the date of publication in the Official Gazette of Romania, Part I. + Article 57 The date of entry into force of this Law shall be repealed Government Ordinance no. 73/2002 on the organization and functioning of public centralized heat supply services, published in the Official Gazette of Romania, Part I, no. 650 650 of 31 August 2002, as amended and supplemented, and Government Emergency Ordinance no. 162/1999 on the establishment of the national reference price for thermal energy supplied to the population by centralised systems, as well as for the granting of money aid for disadvantaged categories of population, published in the Official Gazette Romania, Part I, no. 529 of 29 October 1999, approved with amendments by Law no. 328/2002 , as amended, as well as any other provisions contrary to this law. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, July 14, 2006. No. 325. ------------