LEGE no. 346 346 of 3 December 2007 on measures to ensure safety in the supply of natural gas
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 838 838 of 7 December 2007
The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 The purpose of this law is to ensure a proper level of safety in the supply of natural gas through transparent, non-discriminatory measures and compatible with the requirements of a competitive market for natural gas. + Article 2 This law establishes the role and responsibilities of the authorities and operators of the internal natural gas market, as well as the application of the special measures required to ensure an appropriate level of safety in the gas supply natural. + Chapter II Definitions + Article 3 For the purposes of this Law, the following terms and phrases shall be defined a) the security of natural gas supply-the totality of the special measures concerning the supply of natural gas taken by the authorities and the operators of the internal market for the purpose of meeting the demand for natural gas, as well as diversification sources and assurance of deliveries to customers at optimal operating parameters and technical security; ... b) long-term supply contract-a natural gas supply contract concluded for a minimum period of 10 years; ... c) emergency situations-unpredictable situations that may lead, at national level, to imbalances between the demand and supply of natural gas on the domestic market, determined by at least one of the following conditions: ... 1. major reduction in the supply of more than 20% of imported natural gas quantities; 2. major reduction in the supply of more than 20% of the quantities of natural gas from domestic production caused by accidents; 3. the emergence of extremely low temperatures across the country or in significant areas of the country, over long periods of time, which lead to excessive consumption of natural gas; d) excessive consumption of natural gas-consumption exceeding during the cold season, respectively from October to March, by at least 20% the average daily level recorded in cold climatic periods, statistically found every 20 years, having as a consequence the unbalancing of the National Natural Gas Transport System, hereinafter referred to as SNT; ... e) National natural gas Dispatch-Dispatch of the operator of the National Natural Gas Transport System. ... + Chapter III Responsibilities of central public authorities + Article 4 (1) Within 30 days from the date of entry into force of this Law, the coordination commission shall be established by decision of the Prime Minister, with the role of drawing up the Annual Action Plan for Emergency Situations and to endorse and monitor the the measures necessary to ensure safety in the supply of natural gas, inter-ministerial commission, without legal personality, of non-permanent nature. ... (2) The coordination commission shall include a representative, at the level of State Secretary, from the Ministry of Economy and Finance and from the Ministry of Interior and Administrative Reform, the President of the National Regulatory Authority Energy, President of the National Agency for Mineral Resources, Director General of the SNT Operator, Director General of the National Gas Dispatch, as well as one representative of the natural gas operators and the representative consumer associations. The nominal composition of the commission is approved by decision of the Prime Minister. ... (3) In emergency situations, the SNT operator shall notify, through the National Natural Gas Dispatch, the Coordination Commission, which shall be deemed to be convened as a matter of urgency. ... (4) Within 45 days from its establishment, the Coordination Commission, subordinated to the Government of Romania, shall develop and submit for its approval its own rules of organization and functioning. ... + Article 5 (1) The Coordination Commission shall draw up the Annual Emergency Action Plan, on the basis of proposals submitted by the SNT operator through the National Gas Dispatch, on the basis of the information provided by the operators of the internal market of natural gas. ... (2) The action plan for emergency situations is approved by Government decision. ... (3) The Emergency Action Plan shall be communicated to the European Commission by the Coordination Commission. ... ((. In carrying out its duties on the implementation of the Emergency Action Plan, the Coordination Commission shall take into account: ... a) the immediate measures taken by economic operators in the natural gas and related sectors, in response to the major reduction of natural gas supply; ... b) other measures approved by the Government on the safety of natural gas supply in emergency situations. ... (5) The Coordination Commission shall signal to the Chair of the Coordination Group for Natural Gas of the European Commission, with the prior approval of the Government, the cases it considers unmanageable after the application of the Action Plan for emergency situations, due to their amplitude and exceptional character. ... (6) In any of the emergency situations defined according to art. 3 lit. c) The coordination committee shall be convened, in due time, by the Prime Minister. ... + Article 6 (1) In the elaboration of the Emergency Action Plan, the following shall be considered: ... a) the existence of storage storage capacity and the useful volume of natural gas from them, as well as the investments necessary to ensure the capacity of storage warehouses for emergency situations; ... b) the extraction capacity from storage warehouses; ... c) insurance by the SNT operator of the transmission capacity of natural gas pipelines to make it possible to take and direct the quantities of natural gas to the areas at risk of being affected, as well as the extension of the SNT in order to feeding them; ... d) the existence of an appropriate degree of liquidity of the markets allowing the acquisition of quantities of negotiable natural gas; ... e) SNT flexibility; ... f) the development of the supply of contracts with interruptions clauses; ... g) use, on the basis of the national programme referred to in q), alternative fuels to reserve in industrial and energy production facilities; ... h) the existence and development of cross-border natural gas transmission capacities; ... i) cooperation between transmission system operators in neighbouring Member States to coordinate the supply of natural gas; ... j) coordination of natural gas supply activities between distribution and transmission system operators; ... k) domestic production of natural gas; ... l) flexibility of domestic natural gas production; ... m) the flexibility of the natural gas import; ... n) diversification of natural gas supply sources; ... o) long-term supply contracts for the acquisition of natural gas; ... p) optimizing investments in infrastructure for the expansion of transport capacities, transport capacities, replacement of expired life pipelines in order to reduce natural gas losses and ensure safety in gas supply, as well as for the import of gas through regasification terminals and through pipelines; ... q) National program on the limitation and/or cessation of natural gas supply, comprising the list of interruptible consumers and the order in which the supply of natural gas will be limited and/or ceased for them, the type and quantities of alternative fuels to be used by consumers during the interruption; ... r) implementation of a management system of SNT dispatching through remote data automation and teletransmission. ... (2) The Romanian Government shall adopt special measures to ensure the proper capacity of storage, storage and transport of natural gas on its territory and security of supply. ... ((3) In accordance with the provisions art. 5 lit. b) of the Gas Law no. 351/2004 , with subsequent amendments and completions, the Ministry of Economy and Finance shall develop the national program referred to in ((1) lit. q). ... + Article 7 (1) The emergency situations found by the SNT operator through the National Natural Gas Dispatch shall be notified to the Coordination Commission, which shall verify that one or more of the conditions laid down in art. 3 lit. c). ... (2) If the emergency situation notified by the SNT operator through the National Natural Gas Dispatch is considered justified, after the verification provided in par. (1), the Coordination Commission shall confirm, within 24 hours, the occurrence of the emergency situation. ... (3) In emergency situations confirmed according to par. (2), the SNT operator, through the National Natural Gas Dispatch, shall operatively provide the necessary measures for the rapid resolution of crisis situations and the balancing of the SNT, in accordance with the Emergency Action Plan. ... ((4) If the Coordination Commission does not confirm the emergency situation, within the period provided for in par. (2), the National Natural Gas Dispatch may order the necessary measures for the rapid resolution of crisis situations. ... (5) During emergency situations, the measures ordered in accordance with the provisions of the Emergency Action Plan are mandatory and prevail in the face of contractual agreements and regulations specific to the gas sector natural. ... (6) No later than 24 hours after the notification of the National Gas Dispatch on the cessation of the cases leading to the confirmation of the emergency situation, the Coordination Commission shall declare its termination. ... (7) The Commission for Public Coordination in the Official Gazette of Romania, Part I, no later than 31 July of each year, a report which will include the findings from the monitoring of gas supply safety aspects natural, according to art. 8 8 para. ((1) lit. p) section 10 10 of Law no. 351/2004 , with subsequent amendments and completions, as well as: ... a) the impact, from the point of view of competition and the public service obligation, of the measures adopted pursuant to art. 8 8; ... b) the existing level of storage and extraction capacity; ... c) the duration of the long-term natural gas purchase contracts concluded by the companies operating on the territory of Romania, in particular the remaining duration, based on the data provided by the companies concerned, exclusively commercially sensitive information; ... d) information on the degree of liquidity of the natural gas market; ... e) the regulatory framework of the promotion measures corresponding to the new investments related to the production, storage and transport of natural gas, including liquefied natural gas (LNG), taking into account the provisions art. 69 ^ 1-69 ^ 9 of Law no. 351/2004 , with subsequent amendments and completions. ... + Chapter IV Security of supply for certain consumers + Article 8 Public service obligation in the natural gas sector as defined in Law no. 351/2004 , with subsequent amendments and completions, it is established in charge of all bachelor holders in the natural gas sector, as well as in the task of all natural gas producers. + Article 9 The establishment of the public service obligation envisages the satisfaction of the general interest of consumers, taking into account the following: a) the operation of the installations and equipment used in this sector, in conditions of protection of the integrity of the person and of the ... b) the operation of installations and equipment used in this sector, under conditions of environmental protection and energy efficiency; ... c) ensuring the safety and continuity of natural gas supply, during the cold season, of the consumers referred to in art. 10 10 para. ((2); ... d) quality of service provided. ... + Article 10 (1) The national natural gas Dispatch notifies domestic producers, operators of natural gas distribution systems, storage warehouse operators and licensed suppliers of confirmed emergency situations according to Art. 7 7 para. ((2). ... (2) In the notified emergency situations, suppliers and domestic natural gas producers are required to lay off the quantities of natural gas necessary to ensure consumption: ... a) domestic consumers; ... b) institutions that provide medical services and educational establishments, as well as social assistance institutions that ensure the care of children, elderly people or people with different degrees of disability; ... c) thermal agent supply plants which do not have the possibility to use alternative fuel; ... d) public institutions at central and local level, institutions in the field of culture and cults, as well as non-governmental organizations of public utility. ... (3) The order in which the natural gas supply to the consumers referred to in par. ((2) is compulsory. ... + Article 11 SNT operator, operators of natural gas storage and distribution systems, in notified situations, according to the provisions of art. 10 10 para. (1), by the National Natural Gas Dispatch, will provide as a priority the services related to the supply of natural gas for consumers referred to in art. 10 10 para. ((2). + Article 12 (1) In emergency situations, as well as during the cold season, respectively from October until March, natural gas suppliers will not be able to order the interruption of natural gas supply for the reason of non-payment the value of invoices, except for unforeseen technical situations, in the following categories of consumers: ... a) persons benefiting from social assistance, pursuant to Government Emergency Ordinance no. 5/2003 on the granting of aid for the heating of the dwelling, as well as of population facilities for the payment of thermal energy, Law no. 245/2003 , with subsequent amendments and completions; ... b) persons with disabilities; ... c) consumers referred to in art. 10 10 para. ((2) lit. b). ... (2) Also, in emergency situations, as well as during the cold season, no current maintenance works or works of connections that require the interruption of natural gas supply for a continuous period shall be scheduled and not executed. exceeds 12 hours. ... + Article 13 (. During emergency situations, natural gas operators shall have the following obligations: ... a) in the case of producers holding oil agreements, to mobilize the entire production capacity, within the limit of the maximum extraction capacities approved by the National Agency for Mineral Resources; ... b) in the case of operators of underground storage warehouses, to mobilize the entire natural gas extraction capacity; ... c) in the case of the SNT operator, to take over the additional quantities of natural gas made available by producers and storage warehouse operators and to provide natural gas transport services, under the conditions laid down in the emergency action; ... d) in the case of distribution operators, to take measures to limit/stop natural gas, according to the Emergency Action Plan and the national program provided for in art. 6 6 para. ((1) lit. q), and to ensure the natural gas supply to consumers, according to the legal provisions on public service obligation. ... (2) During emergency situations, consumers registered in the list provided for in art. 6 6 para. ((1) lit. q) and for which the measure was ordered to limit/stop natural gas have the obligation to undertake the measures to ensure the safety of equipment and installations, namely to switch to the use of alternative fuels, as the case may be. ... + Article 14 ((1) By way of derogation from provisions art. 42 42 of Law no. 351/2004 , with subsequent amendments and completions, consumers who have concluded contracts for interruptible transport services or who, according to the provisions of this law, can be limited/interrupted during emergency situations, have the right to to resell the quantities of natural gas contracted and which cannot be delivered to them as a result of the interruption or declaration of the national emergency situation. ... (2) Sale of natural gas under the conditions of para. (1) may be carried out only to suppliers who have to fulfil public service obligations, on the basis of contracts concluded with them, with the opinion of the National Energy Regulatory Authority. Any such contract shall be submitted in copy to the National Energy Regulatory Authority no later than 10 days after its conclusion. ... (3) Upon conclusion of the contracts provided in par. ((2), the parties will consider that they do not influence or distort competition in the natural gas market. ... + Article 15 (1) The SNT operator has the obligation to carry out interconnections with similar natural gas transmission systems in neighbouring countries, in order to create technical and technological conditions to ensure safety in the supply of natural gas. ... (2) Within 90 days from the entry into force of this law, the SNT operator shall draw up the strategy and stages regarding the implementation of the SNT interconnection, which it will submit to the approval of the Ministry of Economy and Finance, to the National Authority of Energy Regulation, National Agency for Mineral Resources and approval of the Romanian Government. ... ((3) Where there is an appropriate interconnection level, cooperation measures may be established with another Member State of the European Union, including bilateral agreements for the use of gas transport and/or storage facilities. natural gas from that State, in order to ensure safety in the supply of natural gas. ... + Article 16 (1) For the safety of natural gas supply to consumers, including in emergency situations, at the end of the injection cycle, holders of natural gas supply licences are required to hold in storage warehouses underground a minimum natural gas stock. ... (2) The minimum level of natural gas stock shall be established annually by decision of the National Energy Regulatory Authority, having regard mainly to existing storage capacities, consumption forecasts, frequency and duration. periods with low temperatures, ensuring an adequate level of internal consumption. ... (3) In emergency situations, the SNT operator has free access to the stored quantities and extraction capacities, their allocation to the owners will be made according to the specific rules, developed by the SNT operator, the warehouse operator of underground storage and natural gas owners, within 90 days from the date of entry into force of this law and approved by the National Energy Regulatory Authority. ... + Article 17 (1) Natural gas consumers registered in the list provided for in art. 6 6 para. ((1) lit. q), for which the transition on alternative fuels for emergency situations is foreseen, are obliged to provide stocks of alternative fuels and to ensure the proper functioning of their facilities for their use. ... ((2) Consumers referred to in par. (1), which on the date of entry into force of this Law does not possess facilities for the use of alternative fuels, are obliged, within 5 years from the date of entry into force of this law, to purchase and put into operation necessary equipment. ... + Chapter V Contraventions + Article 18 It constitutes contravention and is sanctioned as follows: a) with a fine of 50,000 to 100,000 lei: ... 1. non-compliance with 11 by the operators of the internal gas market; 2. non-compliance with 13 13 para. ((1); 3. non-compliance with 7 7 para. ((3); 4. non-compliance with 10 10 para. ((3); 5. non-compliance with 12 12 para. ((1); 6. non-compliance with 17 17 para. ((2); b) with a fine of 10,000 to 50,000 lei, non-compliance with art. 15 15 para. ((2), art. 16 16 para. ((1) and art. 17 17 para. ((1). ... + Article 19 (1) The finding of contraventions and the application of sanctions shall be carried out by the National Energy Regulatory Authority, through its authorized personnel. ... (2) Provisions art. 18 is completed with the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ... * This law transposes the provisions Council Directive 2004 /67/EC COUNCIL DECISION of 26 April 2004 on measures to safeguard the security of natural gas supply, published in the Official Journal of the European Union (JOEU) No L 127 of 29 April 2004. 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 BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, December 3, 2007. No. 346. ____________
