Advanced Search

Law No. 220 Of 27 October 2008 Establishing The System For Promoting Energy From Renewable Sources

Original Language Title:  LEGE nr. 220 din 27 octombrie 2008 pentru stabilirea sistemului de promovare a producerii energiei din surse regenerabile de energie

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 220 220 of 27 October 2008 (** republished) (* updated *) for the establishment of the system to promote the production of energy from renewable energy sources * *) ((updated until 30 June 2016 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. II of Law no. 139/2010 amending and supplementing Law no. 220/2008 for the establishment of the system for promoting the production of energy from renewable energy sources, published in the Official Gazette of Romania, Part I, no. 474 of 9 July 2010, giving the texts a new numbering. Law no. 220/2008 for the establishment of the system for the promotion of the production of energy from renewable energy sources was published in the Official Gazette of Romania, Part I, no. 743 743 of 3 November 2008. + Chapter I General provisions + Article 1 (1) This law creates the legal framework necessary to extend the use of renewable energy sources, by: a) to draw in the national energy balance of renewable energy resources, necessary to increase security in energy supply and to reduce imports of primary energy resources; b) stimulating sustainable development at local and regional level and creating new jobs related to the processes of recovery of renewable energy sources; c) reducing environmental pollution by reducing the production of polluting emissions and greenhouse gases; d) ensuring the necessary co-financing in attracting external financial sources, aimed at promoting renewable energy sources, within the limits of the sources established annually by the state budget law and exclusively in favour of local public authorities; e) the definition of rules on guarantees of origin, the applicable administrative procedures and the connection to the electricity grid in respect of energy produced from renewable sources; f) establishing sustainability criteria for biofuels and bioliquids. (2) This law establishes the system for the promotion of electricity produced from renewable energy sources. + Article 2 Within the meaning of the present law, the following terms and expressions have the following meanings: a) ANRE-National Energy Regulatory Authority; b) biomass-biodegradable fraction of products, waste and residues of biological origin from agriculture (including plant and animal substances), forestry and related industries, including fisheries and aquaculture, and fraction biodegradable industrial and municipal waste, codified according to legal provisions; c) bioliquid-liquid fuel produced from biomass used for energy purposes other than for transport, including for the production of electricity and heat for heating and cooling; d) biofuel-liquid or gaseous fuel for transport, produced from biomass; e) the power plant-the assembly of plants, constructions and equipment necessary for the production of electricity; may be constituted of one or more electric groups; f) retrofitted hydroelectric power plant-hydroelectric power plant with an installed power of not more than 10 MW, which meets the following conditions: --has a service life of at least 15 years from the date of commissioning; -was subject to an assembly of operations to replace existing technologies, morally and/or physically, with modern technologies, in order to increase the efficiency of the production activity, or newly installed hydroelectric group in a plant Pre-existing hydroelectric times in a hydrotechnical arrangement previously used for energy purposes; ------------ Lit. f) of art. 2 2 has been amended by section 4.2 1 1 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 of 7 June 2013, with a new point. g) new plant/new electric group-power plant/group put into operation after January 1, 2004, compus/composed entirely of new equipment; h) green certificate-the title certifying the production from renewable energy sources of a quantity of electricity. The certificate can be traded, distinct from the amount of electricity it represents, on an organized market, under the law; i) gross final consumption of electricity-the amount of electricity produced, including electricity consumption in the electricity generation sector, as well as electricity losses in transmission and distribution networks, excluding the production of electricity produced in the pumped-water storage power plants previously pumped into a higher tank plus the difference between the import and export of electricity; i ^ 1) gross final consumption of energy-consumption of energy products supplied for energy purposes to industry, transport, domestic sector, services, including public services, agriculture, forestry and fisheries, including consumption of electricity and heat from the electricity and heat production sector, as well as electricity and heat losses from distribution and transport; ------------ Lit. i ^ 1) of art. 2 2 was introduced by section 4.2. 1 1 of art. I of ORDINANCE no. 29 29 of 30 August 2010 , published in MONITORUL OFFICIAL no. 616 616 of 31 August 2010. i ^ 2) obligation relating to renewable energy-the promotion system that either requires energy producers to include in their production a certain proportion of renewable energy, or requires energy suppliers to include in the supply of energy to a certain proportion of energy from renewable sources or requiring energy consumers to include a certain proportion of renewable energy in their consumption. Systems under which such requirements can be met by the use of green certificates are included in the definition; ------------ Lit. i ^ 2) of art. 2 2 was introduced by section 4.2. 1 1 of art. I of ORDINANCE no. 29 29 of 30 August 2010 , published in MONITORUL OFFICIAL no. 616 616 of 31 August 2010. j) technological own consumption-the electricity consumption of a plant, necessary for the production of electricity production; k) final consumer of electricity-the person who uses electricity for his own consumption, except for the consumption of electricity in the technological processes of production, transmission and distribution of electricity; l) the mandatory annual rate of purchase of green certificates-the purchase quota of green certificates imposed annually on electricity suppliers, in accordance with the provisions of this law, under penalty of application of penalties; m) the mandatory annual share of electricity produced from renewable sources benefiting from the promotion system-the share of energy produced from renewable sources in the final gross electricity consumption, for which the quota system applies mandatory, with the exception of electricity produced in hydroelectric power plants with installed power greater than 10 MW; n) aerothermal energy-energy stored in the form of heat in ambient air; o) geothermal energy-the energy stored in the form of heat under the solid layer of the terrestrial surface; p) hydrothermal energy-the energy stored in the form of heat in surface waters; q) Environmental Fund-economic and financial instrument managed by the Environmental Fund Administration, intended to support and implement projects and programs for environmental protection, in accordance with the legal provisions in force in the field of environmental protection, regulated according to Government Emergency Ordinance no. 196/2005 on the Environmental Fund, approved with amendments and additions by Law no. 105/2006 , with subsequent amendments and completions; r) electricity supplier-the holder of a supply licence, which provides the electricity supply to one or more consumers, on the basis of a supply contract; s) guarantee of origin-the electronic document with the sole function of providing a final consumer with proof that a share or quantity of energy given was produced from renewable sources, in accordance with the provisions of art. 3 3 para. ((6) of Directive 2003 /54/EC of the European Parliament and of the Council of 26 June 2003 on common rules for the internal market in electricity and repealing Directive 96 /92/EC ; s) electric group-the technological unit producing electricity that can be individualized in terms of realization, retrofit and commissioning; t) district heating or cooling-thermal energy distribution in the form of steam, hot water or cooled liquids, from a central production source, through a network, to several buildings or locations, for the purpose of its use for heating or cooling of premises or in heating or cooling processes; t) relevant ministry-Ministry of Economy, Trade and Business Environment; u) transport operator and system-person holding, under any title, an electric transmission network and is the holder of a transport licence responding to the operation, maintenance of the maintenance and, if necessary, the development of the network of transport in a given area and, where applicable, its interconnection with other electro-energy systems as well as ensuring the long-term capacity of the system to cover reasonable requests for energy transport electric; v) distribution operator-any person who owns, under any title, an electrical distribution network and is the holder of a distribution license through which he/she is responsible for operating, providing maintenance and, if necessary, developing the network of distribution in a given area and, where applicable, its interconnection with other systems, as well as ensuring the long-term capacity of the system to respond to reasonable requests for electricity distribution; w) network operators-distribution operators and transmission system operator; x) National Action Plan-the plan setting out national targets for the share of renewable energy consumed in transport, electricity, heating and cooling in 2020, taking into account the effects of other measures energy efficiency policies on final energy consumption and the measures to be taken to achieve those global national targets; y) compulsory quota system-the mechanism for the promotion of electricity produced from renewable energy sources by applying the mandatory annual green certificates purchase quotas; z) promotion system-any instrument, scheme or mechanism, which promotes the use of energy from renewable sources by reducing the costs of this energy, by increasing the price at which it can be sold or by increasing, by means of obligations relating to renewable energy or otherwise, of the quantity purchased by this type of energy; this includes, but is not limited to, the promotion system by green certificates, investment aid, exemptions or tax cuts, tax refunds, promotion schemes on the obligation to buy renewable energy; aa) promotion system through green certificates-the compulsory quota system combined with the trading of green certificates; ab) insulated electropower system-the local system for the production, distribution and supply of electricity that is not interconnected with the National Electroenergetic System; ac) renewable energy sources-non-fossil energy sources, namely: wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydraulic energy, biomass, waste fermentation gas, also referred to as landfill gas, and gas fermentation of sludge from wastewater treatment plants and biogas; ad) national targets for the share of electricity produced from renewable energy sources-national targets for the share of electricity produced from renewable sources in the final gross electricity consumption, including the electricity produced from the renewable energy sources referred to in art. 3 3 para. ((1) and electricity produced in hydroelectric power plants with installed power greater than 10 MW. e) multicombustible power plant-power plant that produces electricity using renewable and conventional energy sources, which is used either in separate combustion plants/power boilers or in the same installation of combustion if the energy content of conventional fuel used does not exceed 10% of the total energy content; ------- Letter ae) of art. 2 2 was introduced by section 4.2. 1 1 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. af) overcompensation-the situation in which, taking into account the average specific technical and economic indicators realized annually for each technology, from the cost-benefit analysis carried out for the production capacities as a whole using the same technology results in an internal rate of return higher by 10% compared to the value considered for the respective technology to the authorization of the promotion system and which will be published on the ANRE website; ------- Letter af) of art. 2 2 was introduced by section 4.2. 1 1 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. ag) cost-benefit analysis-economic analysis carried out in order to determine the profitability of investments in the production of electricity from renewable energy sources, realized by the use of the actualization technique applied to the costs of investment, operating costs and income resulting from project life; ------- Letter ag) of art. 2 2 was introduced by section 4.2. 1 1 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. h) the internal rate of return-indicator resulting from a cost-benefit analysis expressing the return on an investment project, i.e. the discount rate for which the updated revenues are equal to the updated expenditure; ------- Letter ah) of art. 2 2 was introduced by section 4.2. 1 1 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. a) energy crops-crops of agricultural or non-agricultural plants intended, in particular, for the production of biofuels or biomass production used for the production of electricity and heat; ------- Lit. ai) a art. 2 2 was introduced by section 4.2. 1 1 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. aj) priority access to electricity networks from renewable sources-set of rules and technical and commercial conditions under which categories of electricity producers from renewable energy sources are provided the possibility of taking over at any time and selling the entire quantity of electricity produced at a time, depending on the capacity of the grid connection and the availability of eligible units/resources, to the extent that it is not affected National Electroenergetic System Safety; ------- Lit. aj) a art. 2 2 has been amended by section 4.2 1 1 of art. I of LAW no. 134 134 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. ak) guaranteed access to electricity networks from renewable sources-set of technical and commercial rules and conditions under which for electricity produced from renewable energy sources benefiting from the support scheme by green certificates contracted and sold on the electricity market are guaranteed to take over in the electricity grid; ------- Lit. ak) a art. 2 2 was introduced by section 4.2. 1 1 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. a) accreditation-activity carried out by ANRE on the basis of own regulation granting an economic operator holding power plants using renewable energy sources the right to benefit from the promotion system provided of this Law; ------- Letter al) of art. 2 2 was introduced by section 4.2. 1 1 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. i) qualification-activity carried out by ANRE on the basis of own regulation establishing the amount of electricity produced in high-efficiency cogeneration in a central/cogeneration group. ------- Lit. am) a art. 2 2 was introduced by section 4.2. 1 1 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. + Article 3 (1) The system for the promotion of electricity produced from renewable energy sources, hereinafter referred to as the promotion system, established by this Law shall apply to electricity delivered to the electricity grid and/or to consumers, produced of: a) hydraulic energy used in plants with an installed power of not more than 10 MW; b) wind energy; c) solar energy; d) geothermal energy; e) biomass; f) bioliquids; g) biogas; h) waste fermentation gas; ------- Lit. h) a par. ((1) of art. 3 3 has been amended by section 4.2 2 2 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. i) fermentation gas of sludge from wastewater treatment plants. (. The promotion system established by this Law shall apply for a period of: a) 15 years, for electricity produced according to the provisions of par. (1), in new groups/power plants; b) 10 years, for electricity produced in groups of hydroelectric power plants with installed power of not more than 10 MW, retrofitted; c) 7 years, for electricity produced in groups/wind power plants, which have been used for the production of electricity on the territory of other states, if used in isolated systems or if they have been put into operation on the territory Romania before the date of application of the promotion system provided by this law; ------- Lit. c) a par. ((2) of art. 3 3 has been amended by section 4.2 3 3 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. d) 3 years, for electricity produced in groups/hydroelectric power plants with installed power of no more than 10 MW, non-retrofitted. (3) The promotion system established by this law applies to producers for electricity produced from renewable sources, including for electricity produced during the trial period, based on the accreditation decision issued by ANRE according to Art. 6 6 para. ((6), if the proposals in operation, respectively the groups/central retrofits are carried out by the end of 2016. ------- Alin. ((3) of art. 3 3 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (4) In order to apply the promotion system established by this law, the accreditation of power plants may be phased, as the commissioning of each individual electric group within an energy capacity containing more many such electric groups, in which case the period of application of the promotion system regulated by this law will apply differentiated according to the time of accreditation. ------- Alin. ((4) of art. 3 3 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (5) In the case of electricity produced in multi-fuel power plants using renewable and conventional sources, only that part of the electricity produced from renewable sources shall benefit from the promotion system. energy, based on the energy content of renewable sources. (6) The system for promoting the production of electricity from renewable energy sources established by this Law shall not apply to: a) electricity produced from industrial and/or municipal waste purchased from import, regardless of the installed power of the power plant; ---------- Lit. a) a par. ((6) of art. 3 3 has been amended by section 4.2 1 1 of art. 6 of LAW no. 122 122 of 29 May 2015 , published in MONITORUL OFFICIAL no. 387 387 of 3 June 2015. b) the electricity produced in plants with accumulation by pumping from the water previously pumped into the upper basin; c) electricity produced in power plants using renewable and conventional energy sources in the same combustion plant if the energy content of the conventional fuel used exceeds 10% of the energy content total; ------- Lit. c) a par. ((6) of art. 3 3 has been amended by section 4.2 5 5 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. d) electricity related to the plant's own technological consumption. e) electricity produced in photovoltaic power plants located on land that, on December 31, 2013, were on the agricultural circuit under the law; ------------ Lit. e) a par. ((6) of art. 3 3 has been amended by section 4.2 2 2 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. f) the quantities of electricity supplied additionally by the dispatching units compared to the quantities of electricity from the hourly physical notifications transmitted by the electricity producers from renewable energy sources to the operator transport and system. ------- Lit. f) a par. ((6) of art. 3 3 was introduced by section 4.2. 1 1 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. (7) In the case of electricity produced from renewable sources in cogeneration, producers applying for a promotion scheme are obliged to opt for the support scheme to promote high-efficiency cogeneration based on the demand for useful thermal energy according to the Government Decision no. 1.215/2009 1.215/2009 on the establishment of the criteria and conditions necessary for the implementation of the support scheme for the promotion of high-efficiency cogeneration based on the useful heat demand, or for the promotion scheme provided for in this Law. ------- Alin. ((7) of art. 3 3 has been amended by section 6 6 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (8) In the case of energy producers from renewable sources who have benefited from green certificates prior to the application of the promotion system provided for by this Law, the application periods provided in par. (2) will be reduced as follows: a) in the case of producers who have put into operation power plants before the entry into force of this law, corresponding to the periods for which they have already benefited from green certificates; b) repealed. ------------ Lit. b) a par. ((8) of art. 3 3 has been repealed by section 6.6. 3 3 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 1 1 ^ 1. ------------ Alin. ((8) of art. 3 3 has been amended by section 2 2 of art. I of LAW no. 134 134 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 7 7 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (9) Electricity producers from renewable energy sources referred to in par. ((1) lit. e)-g) benefit from the promotion scheme established by this Act only if they hold a certificate of origin for biomass used as fuel or raw material. ------- Alin. ((9) of art. 3 3 has been introduced by section 7 7 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (10) The certificates of origin referred to in par. ((9) shall be issued by: a) The Ministry of Environment and Forestry, for biomass from forestry and related industries, as well as for biomass from industrial and municipal waste; b) Ministry of Agriculture and Rural Development, for biomass from agriculture and related industries. ------- Alin. ((10) of art. 3 3 has been introduced by section 7 7 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (11) The certificates of origin referred to in par. (10) shall be issued on the basis of the procedures approved by order of the Minister of Environment and Forestry and of the Minister of Agriculture and Rural Development respectively ------- Alin. (11) of art. 3 3 has been introduced by section 7 7 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. + Chapter II System for promoting the production of electricity from renewable energy sources + Article 4 (1) In order to promote the production of electricity from renewable energy sources, the promotion system regulated by this law shall apply. (2) The national targets for the share of electricity produced from renewable energy sources in gross final electricity consumption in the years 2010, 2015 and 2020 shall be 33%, 35% and 38% respectively. (3) In order to achieve the national targets provided in par. ((2), in addition to the electricity produced from the renewable energy sources referred to in art. 3 3 para. (1) the electricity produced in hydroelectric power plants with installed powers of more than 10 MW shall also be taken into account. (4) The mandatory annual electricity rates produced from renewable energy sources benefiting from the promotion system by green certificates for the period 2010-2013 are as follows: 2010-8.3%; 2011-10%; 2012-12%; 2013-14%. ------------ Alin. ((4) of art. 4 4 has been amended by section 3 3 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 1 1 ^ 2. ((4 ^ 1) Since 2014, ANRE has annually monitored the annual rates of electricity produced from renewable energy sources that benefit from the promotion system through green certificates and, depending on the degree of achievement of the the national objective and the impact to the final consumer, estimates, publishes on its own website and informs the Government by June 30 of the current year on the level of the mandatory annual share of electricity produced from renewable sources energy, which benefits from the promotion system through green certificates for the year Next * *). ------------ Alin. (4 ^ 1) of art. 4 4 has been introduced by section 3 3 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 1 1 ^ 3. (4 ^ 2) For the period 2015 -2020, the mandatory annual share of electricity produced from renewable energy sources, which benefits from the promotion system through green certificates, is established annually and is approved by Government decision, at Proposal of the Department for Energy, within 60 days from the date of its communication by ANRE* *). ------------ Alin. (4 ^ 2) of art. 4 4 has been introduced by section 3 3 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 1 1 ^ 3. (5) The mandatory annual electricity rates produced from renewable energy sources benefiting from the green certificate promotion system for the period 2020-2030 shall be established by the relevant ministry and approved by decision of the The government and will not be lower than the quota set for 2020. (6) ANRE accredits electricity producers from renewable energy sources in order to benefit from the promotion system through green certificates, under the conditions laid down in the Regulation for the accreditation of electricity producers in renewable energy sources for the application of the promotion system through green certificates. ------- Alin. ((6) of art. 4 4 has been amended by section 8 8 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (7) In December, ANRE establishes by order the mandatory annual purchase quota of green certificates estimated for the following year, the number of green certificates estimated to be issued based on the estimated electricity information produce from renewable energy sources for the following year and the final consumption of electricity estimated for the following year. ---------- Alin. ((7) of art. 4 4 has been amended by section 2 2 of art. 6 of LAW no. 122 122 of 29 May 2015 , published in MONITORUL OFFICIAL no. 387 387 of 3 June 2015. ((8) ANRE elaborates, within 3 months from the entry into force of this Law *), a methodology for establishing the annual green certificate purchase quotas, approved by order of the President of ANRE. ----------- * *) The text has been amended by Law no. 139/2010 on the amendment Law no. 220/2008 for the establishment of the system for promoting the production of energy from renewable energy sources, published in the Official Gazette of Romania, Part I, no. 474 474 of 9 July 2010, so that the time limit in question flows from the date of entry into force of the Law no. 139/2010 . ((9) ANRE establishes by order, by March 1 of each year, the mandatory annual purchase of green certificates related to the previous year, based on the quantities made by electricity from renewable sources and final consumption of electricity from the previous year, but without exceeding the level corresponding to the mandatory electricity quotas from renewable sources established in par. ((4). ----------- Alin. ((9) of art. 4 4 has been amended by section 8 8 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. ((10) Abrogat. ------------ Alin. ((10) of art. 4 4 has been repealed by section 6.6. 4 4 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 2 2 ^ 1. + Article 5 (1) The level of the national target for the share of energy produced from renewable sources in the final gross energy consumption of 2020 is 24%. (. Gross final consumption of energy from renewable sources shall be calculated as the sum of the following: a) gross final consumption of electricity from renewable energy sources; b) gross final consumption of energy from renewable sources for heating and cooling; and c) final consumption of energy from renewable sources in transport. (3) The methodology for calculating the gross final consumption of energy from renewable sources shall be established by ANRE within 90 days from the entry into force of this Law * *). Note
----------
** **) The text was introduced by Law no. 139/2010 on the amendment Law no. 220/2008 for the establishment of the system for promoting the production of energy from renewable energy sources, published in the Official Gazette of Romania, Part I, no. 474 474 of 9 July 2010, so that the time limit in question flows from the date of entry into force of the Law no. 139/2010 .
---------- (4) In order to achieve the objective referred to in (1), the energy policy of Romania will at least follow the realization of the mandatory annual electricity quotas produced from renewable energy sources, provided in art. 4. (5) The level of the national target for the share of renewable energy used in all forms of transport in 2020 is at least 10% of the final national consumption of energy in transport. (6) The share of renewable energy used in all forms of transport in 2020 shall be as follows: a) for the calculation of the denominator, namely the total amount of energy consumed for transport, only petrol, diesel, biofuels consumed in road and rail transport and electricity are taken into account; b) for the calculation of the numerator, i.e. the amount of energy from renewable sources consumed for transport, all types of renewable energy consumed in all forms of transport shall be taken into account; c) for the calculation of the contribution of electricity produced from renewable sources and consumed by all types of electric vehicles within the meaning of point a) and b), the share of electricity from renewable sources in Romania is used, measured 2 years before the year in question. In addition, for the calculation of the amount of electricity from renewable sources consumed by electric vehicles, this consumption is considered to be 2.5 times the energy content of electricity from renewable sources consumed. + Article 6 (1) The transmission and system operator shall issue monthly green certificates to manufacturers for the quantity of electricity produced from power plants using renewable energy sources, from which the quantity of electricity is decreased necessary to ensure their own technological consumption. (2) Renewable energy producers benefit from a number of green certificates for electricity produced and delivered according to the provisions of par. ((1) as follows: a) 2.3 green certificates for every 1 MWh produced and delivered, whether hydroelectric plants are new, or 2 green certificates for every 1 MWh produced and delivered, if hydroelectric plants are retrofitted, for electricity from hydroelectric power plants with installed power of not more than 10 MW*); b) a green certificate for every 2 MWh of hydroelectric power plants with an installed power of not more than 10 MW, which does not fall under the conditions laid down in lett. a); c) 1.5 green certificates, until 2017, and 0,75 green certificates, starting with 2018, for each 1 MWh produced and delivered by electricity producers from wind energy * *); d) two green certificates for each 1 MWh produced and delivered by the electricity producers from the sources provided for in art. 3 3 para. ((1) lit. d)-g); e) a green certificate for each 1 MWh produced and delivered by the electricity producers from the sources provided for in art. 3 3 para. ((1) lit. h) and i); f) 3 green certificates for each 1 MWh produced and delivered by the electricity producers from the sources provided for in art. 3 3 para. ((1) lit. c) * **). (2 ^ 1) Between July 1, 2013 and March 31, 2017, the trading of a number of green certificates from those provided in par. (2), for each 1 MWh produced and delivered by electricity producers from renewable sources, accredited by ANRE until 31 December 2013, as follows: ------------ The introductory part of para. (2 ^ 1) of art. 6 6 has been amended by section 4.2 5 5 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, amending section 3 3 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. a) a green certificate for new hydroelectric power plants with installed power of not more than 10 MW; b) a green certificate for wind power plants; c) two green certificates for solar power plants. ------- Alin. (2 ^ 1) of art. 6 6 has been introduced by section 3 3 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. (2 ^ 2) Recovery of green certificates postponed according to the provisions of par. (2 ^ 1) will be made from April 1, 2017 for the plants provided in par. ((2 ^ 1) lit. a) and c), respectively as of January 1, 2018 for the plants referred to in par. ((2 ^ 1) lit. b), staggered at most until 30 December 2020. ------------ Alin. (2 ^ 2) of art. 6 6 has been amended by section 5 5 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, amending section 3 3 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. (2 ^ 3) In the case of power plants made with investment aid, after the application of the provisions of art. 6 6 para. ((7) lit. b), the provisions of paragraph ((2 ^ 1) shall apply in such a way that the number of green certificates resulting from it is not subunit ------------ Alin. ((2 ^ 3) of art. 6 6 has been introduced by section 6 6 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 3 3 ^ 1. (2 ^ 4) In the case of power plants made with investment aid, if the number of green certificates calculated by ANRE by application of the provisions of art. 6 6 para. ((7) lit. b) is subunit, does not apply the provisions of par. ((2 ^ 1). ------------ Alin. ((2 ^ 4) of art. 6 6 has been introduced by section 6 6 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 3 3 ^ 1. ((3) It benefits from the promotion system regulated by the present law and electricity produced in power plants using renewable sources, connected to isolated electroenergy systems. (3 ^ 1) By exception to the provisions of par. (3), electricity produced in power plants located on vehicles of any kind is not the subject of this law. ------------ Alin. (3 ^ 1) of art. 6 6 has been introduced by section 6 6 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 3 3 ^ 2. (4) For electricity produced in plants/cogeneration groups using the renewable energy sources referred to in art. 3 3 para. ((1) lit. d)-i) and qualified by ANRE as being of high efficiency shall be granted in addition to the provisions of par. ((2) lit. d) and e) a green certificate for every 1 MWh produced and delivered. (5) For electricity produced in power plants using biomass that comes from energy crops shall be granted in addition to the provisions of par. ((2) lit. d) one green certificate for every 1 MWh produced and delivered. ------------ Alin. ((5) of art. 6 6 has been amended by section 6 6 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 3 3 ^ 3. (6) ANRE has the following tasks: a) accredits the power groups/power plants benefiting from the green certificate promotion scheme, under the Regulation for the accreditation of electricity generators from renewable energy sources for the application of the scheme of promotion; b) develop the regulatory framework for monitoring the costs/revenues of producing electricity producers from renewable sources benefiting from the promotion scheme through green certificates. (7) By exception to the provisions of par. ((2), (4) or (5), as the case may be, regardless of the type of renewable source used, the electricity producers shall benefit from: a) a green certificate for every 1 MWh produced and delivered from power plants for the probationary period; b) a number of green certificates established by ANRE by reducing the number of green certificates provided in par. ((2), (4) or (5), as applicable, diminishing the reference value of the investment per MW by the amount of aid received per MW and keeping the value of the internal rates of return considered in the calculations provided to the European Commission in the authorization of the promotion system, if the power plants benefit additional state aid. The reduction in the number of green certificates provided for is applied up to the amount of the investment aid received by the electricity producer, using the average value of a green certificate, calculated as an arithmetic average of the maximum amount and the minimum trading value of green certificates. ------------ Lit. b) a par. ((7) of art. 6 6 has been amended by section 4.2 7 7 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, amending section 4 4 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. ------------ Alin. ((7) of art. 6 6 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. ((7 ^ 1) Abrogat. ------- Alin. (7 ^ 1) of art. 6 6 has been repealed by section 6.6. 5 5 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. (8) Electricity producers from renewable energy sources benefit from green certificates according to the provisions of the accreditation decision issued by ANRE based on the regulation provided in par. ((6) lit. a), as of the date of its issuance. ------- Alin. ((8) of art. 6 6 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. (9) The green certificates issued by the transmission system operator shall have a validity period of 12 months. ------------ Alin. ((9) of art. 6 6 has been amended by section 8 8 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 5 5 ^ 1. (10) The mechanism for reducing the number of green certificates provided in par. ((7) lit. b) is established by the regulation provided in par. ((6) lit. a). ------- Alin. ((10) of art. 6 6 has been amended by section 4 4 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. ------- Article 6 has been amended by section 6. 9 9 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. + Article 7 Electricity producers from renewable sources transmit monthly to the transmission operator and system the information necessary to establish the amount of electricity produced from renewable sources that benefit from green certificates in the month Previous, accompanied by: a) the minutes confirming the measured values of the electricity delivered/consumed, signed together with the network operators, in the case of producers delivering electricity in electricity networks; b) data on quantities of electricity produced from renewable sources and delivered to consumers, in the case of producers delivering electricity directly to consumers, including for their own final consumption other than their own consumption technology. ------- Article 7 has been amended by section 7. 10 10 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. + Article 8 (. The quantity of electricity for which the purchase obligation for green certificates is established shall include: a) electricity purchased and used by electricity suppliers, for their final consumption, as well as that invoiced to final consumers; ---------- Lit. a) a par. ((1) of art. 8 8 has been amended by section 4.2 3 3 of art. 6 of LAW no. 122 122 of 29 May 2015 , published in MONITORUL OFFICIAL no. 387 387 of 3 June 2015. b) the electricity used for its own final consumption other than its own technological consumption by an electricity producer; c) the electricity used by a manufacturer for the electricity supply to consumers connected by direct lines of power plant. (2) Electricity suppliers and manufacturers referred to in par. (1) are obliged to purchase annually a number of green certificates equivalent to the product between the value of the mandatory annual purchase of green certificates established for that year, according to the provisions of art. 4 4 para. (9), and the amount of electricity provided in par. (1), expressed in MWh, provided annually to final consumers. ------------ Alin. ((2) of art. 8 8 has been amended by section 9 9 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, amending section 6 6 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. ((2 ^ 1) In the framework of the annual obligation to purchase green certificates according to par. ((2), electricity suppliers and manufacturers referred to in par. (1) are obliged to purchase quarterly a number of green certificates equal to the product between the value of the mandatory annual purchase rate of green certificates established for that year, under the conditions of art. 4 4 para. (7), and the amount of electricity provided in par. (1), expressed in MWh, invoiced or autofurnized quarterly to final consumers. ---------- Alin. (2 ^ 1) of art. 8 8 has been introduced by section 4 4 of art. 6 of LAW no. 122 122 of 29 May 2015 , published in MONITORUL OFFICIAL no. 387 387 of 3 June 2015. (3) Electricity suppliers and manufacturers referred to in par. (1) are obliged to transmit quarterly and annually to ANRE, in the format and at the deadlines specified by it, the quantities of electricity for which they have the obligation to purchase green certificates. ---------- Alin. ((3) of art. 8 8 has been amended by section 5 5 of art. 6 of LAW no. 122 122 of 29 May 2015 , published in MONITORUL OFFICIAL no. 387 387 of 3 June 2015. (4) In the electricity bill passed on to final consumers, the value of the green certificates shall be made separately from the tariffs/prices for electricity, stating the legal basis. This value represents the product between the value of the mandatory annual purchase of green certificates (CV/MWh) estimated by ANRE, the amount of electricity invoiced (MWh) and the price of green certificates, calculated as an average price weighted the transactions in the centralised market of green certificates in the month preceding the billing month or the last monthly weighted average available. ---------- Alin. ((4) of art. 8 8 has been amended by section 5 5 of art. 6 of LAW no. 122 122 of 29 May 2015 , published in MONITORUL OFFICIAL no. 387 387 of 3 June 2015. ((5) Abrogat. ------------ Alin. ((5) of art. 8 8 has been repealed by section 6.6. 10 10 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 6 6 ^ 2. (6) No later than September 1 of each year, the electricity suppliers and the manufacturers referred to in par. (1) will regularize, in equal instalments, the value of green certificates related to the previous year, depending on the annual quota established by ANRE according to the provisions of art. 4 4 para. (9), the electricity supplied and the weighted average price of green certificates used by the supplier for the previous year. ------------ Alin. ((6) of art. 8 8 has been amended by section 9 9 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, amending section 6 6 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. (7) The labor of unpurchased green certificates, due according to the provisions of art. 12 12 para. ((2), cannot be included in the invoice to the final consumer. ------------ Alin. ((7) of art. 8 8 has been introduced by section 7 7 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. (8) It is exempted from the application of the provisions of this law a percentage of the quantity of electricity delivered to final consumers, in compliance with European incident regulations. The qualification conditions for the exemption mechanism, as well as the exempted quantity, conditional on the application of the annual energy efficiency growth programs, will be approved by Government decision, after their notification to the Commission European and obtaining an authorisation decision on its part. ------------ Alin. ((8) of art. 8 8 has been amended by section 11 11 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, amending section 7 7 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. (9) The trading of green certificates is allowed only to electricity producers from renewable energy sources and to economic operators referred to in art. 8 8 para. (1), in a transparent, centralised and non-discriminatory manner in the centralised markets managed by the commercial operator of the electricity market. ------------ Alin. ((9) of art. 8 8 has been introduced by section 7 7 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. ------------ Article 8 has been amended by section 6.6. 7 7 of art. I of LAW no. 134 134 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 11 11 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. + Article 9 (1) The transmission system operator and distribution system operators are obliged to guarantee the transport and distribution of electricity produced from renewable energy sources, ensuring the reliability and safety of energy networks Electric. ((1 ^ 1) When issuing the technical connection notice, the network operators have the right to request the formation of financial guarantees. ------------ Alin. ((1 ^ 1) of art. 9 9 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. (1 ^ 2) The amount of financial guarantees and their use shall be established by regulations of ANRE. ------------ Alin. ((1 ^ 2) of art. 9 9 has been introduced by section 8 8 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. (2) The connection of electricity producers from renewable sources to electricity networks is carried out on the basis of the Regulation on the connection of users to electricity networks of public interest, issued in compliance with the provisions legal incidents in the matter. ----------- Alin. ((2) of art. 9 9 has been amended by section 9 9 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. (3) Investments made by transport and/or distribution operators based on the provisions of par. (2) shall be considered regulated assets, recognized in this regard by ANRE. (4) Transport and distribution tariffs are non-discriminatory between energy produced from renewable sources of energy and that produced from conventional sources of energy. ((5) Where the transmission system operator or distribution system operators take significant measures to limit the use of renewable energy sources, in order to guarantee the security of the national electricity system and the security of energy supply, the system operators responsible are obliged to inform ANRE of these measures and to indicate what corrective measures they intend to take in order to prevent inappropriate limitations. + Chapter III Trading green certificates + Article 10 (1) Electricity producers from renewable energy sources and suppliers will trade green certificates on the centralised green certificates market as well as on the market for bilateral green certificates contracts. (2) The framework for trading green certificates on the green certificates market is provided by the Commercial Company "Operator of Electric Energy Market-Opcom"-S.A., as operator of the electricity market, according to ANRE regulations. (3) Until the national targets provided for in art. 4 4 para. (2) the marketing of electricity produced from renewable sources benefiting from the promotion system provided for by this law is carried out only to cover the gross final consumption of electricity of Romania, electricity being accompanied by guarantees of origin issued according to the provisions of art. 24. ----------- Alin. ((3) of art. 10 10 has been amended by section 12 12 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. + Article 11 (1) For the period 2008-2025, the trading value of green certificates on the markets referred to in art. 10 10 para. ((1) falls between: a) a minimum trading value of 27 euro/certified; and b) a maximum trading value of 55 euro/certificate. (2) In all cases, the value in lei shall be calculated at the average value of the exchange rate established by the National Bank of Romania for December of the previous year. ((3) As of 2011, the trading values referred to in par. (1) is indexed annually by ANRE according to the average annual inflation index for the previous year, calculated at the level of the euro area in the European Union (EU), officially communicated by EUROSTAT. ----------- Alin. ((3) of art. 11 11 has been amended by section 13 13 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (4) Within 15 days from the official publication of the average annual inflation index by EUROSTAT, ANRE approves by order the minimum and maximum values determined according to the provisions of par. (1) and (3), applicable for the current year. ----------- Alin. ((4) of art. 11 11 has been amended by section 13 13 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (5) After 2025, the trading value of green certificates will be the one established by the market of green certificates, but may not be less than the minimum trading value applied in 2025, indexed annually under the conditions of par. ((3). + Chapter IV Fulfilment of mandatory green certificates purchase quotas ----------- Title Cap. IV has been amended by section 4.2 14 14 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. + Article 12 (1) By April 15 of each year, ANRE shall establish for each supplier and for each of the producers who have the obligation to purchase green certificates the degree of individual fulfilment of the mandatory annual purchase quota of green certificates for the previous calendar year, based on the information on the number of green certificates purchased and the electricity consumed/delivered for consumption, according to the provisions of art. 8 8 para. ((1). ((1 ^ 1) ANRE establishes within 45 days from the end of each quarter, for the previous quarter and for each economic operator that has the obligation to purchase green certificates, based on the number of green certificates purchased and of electricity invoiced to final or self-driving customers, the degree of fulfilment of the mandatory annual green certificate purchase quota for the previous quarter. ---------- Alin. ((1 ^ 1) of art. 12 12 has been introduced by section 6 6 of art. 6 of LAW no. 122 122 of 29 May 2015 , published in MONITORUL OFFICIAL no. 387 387 of 3 June 2015. ((2) Providers, as well as the manufacturers referred to in art. 8 8 para. (1) who do not realize the annual mandatory quota are obliged to pay the value of green certificates not purchased to the Environmental Fund Administration at the value of 110 euros for each unpurchased certificate, calculated in lei at the average value of the exchange rate established by the National Bank of Romania for December of the previous year. ((2 ^ 1) Abrogat. ------------ Alin. (2 ^ 1) of art. 12 12 has been repealed by section 6.6. 12 12 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, amending section 10 10 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. ((2 ^ 2) Abrogat. ------------ Alin. (2 ^ 2) of art. 12 12 has been repealed by section 6.6. 12 12 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, amending section 10 10 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. (2 ^ 3) Electricity suppliers and producers who have the obligation to purchase green certificates and who make the mandatory annual green certificate purchase quota for the previous quarter in a proportion of less than 90% compared to the mandatory annual quota is sanctioned with a fine equal to the product between the maximum value of green certificates established annually by ANRE according to the legal provisions and the number of green certificates not purchased corresponding to the difference between 90% of compulsory annual quota and quota achieved at the level of each quarter, remaining the obligation to meet the mandatory annual quota, in which case the amount of the fine will be the one provided ((2). ---------- Alin. ((2 ^ 3) of art. 12 12 has been introduced by section 7 7 of art. 6 of LAW no. 122 122 of 29 May 2015 , published in MONITORUL OFFICIAL no. 387 387 of 3 June 2015. ((2 ^ 4) Until December 31, 2015, for suppliers of industrial consumers who submitted the documentation for obtaining the exemption agreement in accordance with the provisions Government Decision no. 495/2014 for the establishment of a State aid scheme for the exemption of certain categories of final consumers from application Law no. 220/2008 for the establishment of the system for promoting the production of energy from renewable energy sources, with subsequent amendments and completions, according to art. 8 paragraph (8), for the quantity contracted with them or their autofurnized, the obligation to purchase green certificates is considered to be only annual, until the applications are resolved and the exemption agreement is issued or the application is rejected issuing the exemption agreement requested by each of those industrial consumers. ---------- Alin. ((2 ^ 4) of art. 12 12 has been introduced by section 7 7 of art. 6 of LAW no. 122 122 of 29 May 2015 , published in MONITORUL OFFICIAL no. 387 387 of 3 June 2015. ((3) As of 2011, the value provided in par. (2) is indexed annually by ANRE according to the average annual inflation index for the previous year, calculated at the level of the euro area in the EU, officially communicated by EUROSTAT. (4) Within 15 days from the official publication of the average annual inflation index by EUROSTAT, ANRE shall approve and publish on its own website the value determined according to the provisions of par. ((2) and (3), applicable for the current year. ((5) Abrogat. ---------- Alin. ((5) of art. 12 12 has been repealed by section 6.6. 1 1 of art. III of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (6) The amount resulting from the application of the provisions (2) is used by the Environmental Fund Administration to finance investments in the production of energy from renewable sources by individuals who realize energy capacities with installed power up to 100 kW. ---------- Alin. ((6) of art. 12 12 has been amended by section 2 2 of art. III of EMERGENCY ORDINANCE no. 39 39 of 28 June 2016 , published in MONITORUL OFFICIAL no. 489 489 of 30 June 2016. (7) Suppliers and producers who sell electricity to final consumers are obliged to inform them periodically according to the ANRE regulations on the cost of purchasing green certificates corresponding to an electricity kWh sold them. ----------- Article 12 has been amended by section 4.2. 15 15 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. + Chapter V Regional assessment of the potential of renewable energy sources + Article 13 (1) The competent ministry shall have the following tasks: a) develop the strategy for the recovery and promotion of renewable energy sources; b) assess the technical, economic and ecological potential for each type of renewable energy resource; c) structure the potential established according to lit. b) on the license areas related to electricity distribution operators that have the quality of concessionaires in concession contracts; d) elaborates, together with ANRE, the unitary framework of norms and regulations on the use of renewable energy sources. ------- Lit. d) a par. ((1) of art. 13 13 has been amended by section 4.2 11 11 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. (2) The relevant Ministry shall develop the National Renewable Energy Action Plan according to the model established by the European Commission, in accordance with the provisions of art. 4 4 para. ((1) of Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources, amending and subsequently repealing Directives 2001 /77/EC and 2003 2003 /30/EC . ------------ Alin. ((2) of art. 13 13 has been amended by section 2 2 of art. I of ORDINANCE no. 29 29 of 30 August 2010 , published in MONITORUL OFFICIAL no. 616 616 of 31 August 2010. + Chapter VI Marketing of electricity produced from renewable energy sources + Article 14 (1) Electricity producers from renewable energy sources sell electricity produced on the electricity market at the market price. (2) Electricity produced from renewable energy sources in power plants with installed power of not more than 1 MW on the plant or 2 MW on the plant in the case of high efficiency cogeneration from biomass may be sold to suppliers in whose power License areas are located at the respective plants, at regulated prices unique to the type of technology. Electricity sold at regulated price no longer benefits from green certificates *). ------- Alin. ((2) of art. 14 14 has been amended by section 9 9 of art. I of LAW no. 134 134 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 16 16 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (3) Providers referred to in par. (2) are obliged, at the request of producers using renewable energy sources, to purchase the electricity produced according to par. (2), under the conditions established by ANRE. (4) The regulated prices and the regime for the marketing of electricity from renewable sources referred to in par. (2) are established by ANRE on the basis of a methodology and will be notified to the European Commission under the law. (5) Requests for sale of electricity by producers/consumers referred to in par. (3) will be addressed to the suppliers specified in par. (2), as a rule, until the end of October of the year preceding the contracting year, the sales contracts being concluded for at least one year. (6) Individuals and legal entities holding electricity generation units from renewable sources with installed power below 100 kW per consumption place, as well as public authorities with power generation capacities from sources renewable realized, partially or totally, from structural funds benefit from suppliers with whom they have electricity supply contract, on request, on the regularization, financial and/or quantitative service, between the energy delivered and energy consumed from the network, according to a methodology approved by ANRE. ------- Alin. ((3) of art. 14 14 has been amended by section 9 9 of art. I of LAW no. 134 134 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 16 16 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (7) The transmission system operator and/or distribution system operators shall ensure the transmission and distribution, as well as the priority dispatching of electricity produced from renewable sources, for all energy producers from sources. renewable, regardless of capacity, based on transparent and non-discriminatory criteria, with the possibility of modifying notifications during the operating day, according to the methodology approved by ANRE, so that the limitation or interruption renewable energy production to be applied only in cases exceptional, if this is necessary for the stability and security of the National Electroenergetic System. ------- Alin. ((7) of art. 14 14 has been amended by section 9 9 of art. I of LAW no. 134 134 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 16 16 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (7 ^ 1) The regulation of access to the electricity market up to the safety limit of the National Electroenergetic System is approved by Government decision, at the proposal of the Department for Energy. ------------ Alin. (7 ^ 1) of art. 14 14 has been introduced by section 13 13 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 11 11 ^ 1. (8) For electricity benefiting from the support system provided for by this Law, contracted and sold on the energy market, guaranteed access to the grid shall be ensured, except for electricity which is contracted and sold at price. regulated under the provisions of para. (2), for which priority access to the network is ensured. (9) ANRE establishes the rules to allow guaranteed access, respectively priority to networks under the conditions of par. ((7) and (8), including the possibility of electricity trading during the day of operation, the proposal of the transmission system operator and the consultation of all interested parties. ------------ Alin. ((9) of art. 14 14 has been amended by section 9 9 of art. I of LAW no. 134 134 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, amending section 16 16 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. ------------ Article 14 has been amended by section 4.2. 16 16 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. + Chapter VI ^ 1 Cooperation mechanisms to achieve the national renewable energy target ------- Chapter VI ^ 1 was introduced by item 10 10 of art. I of LAW no. 134 134 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, which introduces point 16 16 ^ 1 al art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. + Article 15 ((1) For the purpose of achieving the national renewable energy target: a) Romania may, through joint agreements with Member States of the European Union: ((i) provided for and agreed on statistical transfers of quantities of energy from renewable sources with another Member State, from or to that Member State; (ii) cooperate in the implementation of joint projects relating to the production of energy from renewable energy sources; (iii) harmonise, in whole or in part, national promotional schemes; ------- Lit. a) a par. ((1) of art. 15 15 has been amended by section 4.2 10 10 of art. I of LAW no. 134 134 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, which introduces point 16 16 ^ 2 al art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. b) Romania can, through joint agreements with third countries, cooperate in the implementation of projects related to the production of energy from renewable energy sources. ------- Lit. b) a par. ((1) of art. 15 15 has been amended by section 4.2 10 10 of art. I of LAW no. 134 134 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, which introduces point 16 16 ^ 2 al art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. ((2) Cooperation through joint agreements of the type established in par. ((1) lit. a) section ((i) and (ii) and lit. b) may also involve private operators. Those agreements shall be concluded for one or more years and shall be notified to the European Commission by the relevant ministry no later than 3 months after the end of each year in which they are in force. ------- Alin. ((2) of art. 15 15 has been amended by section 17 17 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (3) If the national target for gross final consumption of energy from renewable sources is taken into account, electricity from renewable sources of energy produced and consumed in a third country under the agreements common referred to in par. ((1) lit. b), the relevant ministry will send a request for the acceptance of the European Commission's acceptance, in compliance with the provisions of 9 9 para. ((3)-(7) and art. 10 10 of Directive 2009 /28/EC . ------- Alin. ((3) of art. 15 15 has been amended by section 17 17 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (4) The relevant Ministry may propose to the Government the implementation of the provisions of par. ((1) lit. a) section ((i) and (iii), on the proposal of another Member State of the European Union or if it is necessary to meet the national objective of gross final consumption of energy from renewable sources, in compliance with the provisions of art. 6 6 and 11 respectively Directive 2009 /28/EC . ------- Alin. ((4) of art. 15 15 has been introduced by section 18 18 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. + Chapter VII Repealed. ------- Title Cap. VII has been repealed by section VII. 11 11 of art. I of LAW no. 134 134 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, which introduces point 18 18 ^ 1 al art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. + Article 16 ((1) Abrogat. ------- Alin. ((1) of art. 16 16 has been repealed by section 6.6. 19 19 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (2) The relevant Ministry, on the basis of the data provided by the competent authorities, shall inform the European Commission of the proportion or quantity of electricity, heating or cooling from renewable energy sources produced in the framework of the any joint project on the territory of Romania, which became operational after 25 June 2009, or by the increased capacity of an installation which was retrofitted after that date, which must be regarded as being included in the objective the overall national of the Member State with which the joint project is concluded. ((3) The notification referred to in paragraph ((2): a) describe the proposed installation within the joint project or identify the refurbished installation; b) specify the proportion or quantity of electricity, heating or cooling produced by that installation to be taken into account in the overall national targets of another Member State; c) identify the Member State in which the notification is made; d) specify the period, in whole calendar years, in which the electricity, heating or cooling produced by the installation from renewable energy sources must be considered as being included in the overall national objective of the other State Member. (4) The period specified in par. ((3) lit. d) may not exceed 2020. The duration of a joint project may exceed 2020. ((. A notification made pursuant to this Article may not be amended or withdrawn without the consent of the Member State identified in accordance with paragraph 1. ((3) lit. c). + Article 17 (1) In the case of carrying out joint projects in accordance with art. 16, within 3 months from the end of each year within the period specified in art. 16 16 para. ((3) lit. d), the relevant ministry sends a letter of notification to the European Commission, stating: a) the total quantity of electricity or heating or cooling produced during the year from renewable energy sources by the installation which was the subject of the notification; and b) the amount of electricity or heating or cooling produced during the year from renewable energy sources by that installation and which will be taken into account for the overall national objective of another Member State, compliance with the conditions of notification (. The notification letter shall be sent both to the Member State in favour of which the notification was made and to the European Commission. ((3) The quantity of electricity or heating or cooling from renewable energy sources notified in accordance with paragraph 1. ((1) lit. b): a) shall be deducted from the quantity of electricity or heating or cooling from renewable energy sources which is taken into account in the measurement of conformity by the Member State which transmits the notification letter pursuant to paragraph 1. ((1); and b) shall be added to the quantity of electricity or heating or cooling from renewable energy sources which is taken into account in the measurement of conformity by the Member State which receives the notification letter in accordance with paragraph 1. ((2). + Article 18 Electricity from renewable energy sources produced in a third country shall be taken into account in respect of global national targets only if the following conditions are met: a) electricity shall be consumed within the Community, which shall be deemed to have been fulfilled if: ((i) an amount of electricity equivalent to the amount of electricity taken into account has been clearly established in the capacity allocation process on interconnections by all transmission and system operators in the country of origin, from the country of destination and, where relevant, from each third country of transit; (ii) an amount of electricity equivalent to the quantity of electricity taken into account has been clearly established in the energy balance programmed by the transmission system operator and the system of the interconnection community; and ((iii) the established capacity and production of electricity from renewable energy sources by the installation referred to in point (a). b) refers to the same period of time; b) the electricity is produced by a newly constructed plant which became operational after 25 June 2009, or by a retrofitted installation whose capacity was increased after that date, within the framework of a joint project as is referred to in lit. a); and c) the quantity of electricity produced and exported has not received any other support from a third country support scheme than the investment aid granted to the plant. + Article 19 For the purposes of art 16 16 para. ((2) and art. 18 lit. b) the renewable energy units resulting from the increase in the capacity of an installation shall be considered as being produced by a separate installation which was put into service on the date on which the capacity increase took place. + Chapter VIII Monitoring and reporting + Article 20 ((1) ANRE monitors the development and functioning of the green certificate market, prepares annually and makes public a report on how to operate the electricity promotion system from renewable sources. (2) ANRE publishes annually on its own website, until March 30, the share of electricity produced from renewable sources in the gross final consumption of electricity, except for electricity produced in hydroelectric power plants with powers installed more than 10 MW, for the previous year. ((3) Abrogat. ------------ Alin. ((3) of art. 20 20 has been repealed by section 6.6. 13 13 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 11 11 ^ 2. (4) The relevant Ministry shall draw up every 2 years, starting with October 2010, the report on how to achieve national targets and the measures taken to facilitate the access to the grid of electricity produced from sources renewable energy, based on ANRE reports. (5) The report provided in par. (4) details: a) sectoral weights, electricity, heating and cooling and transport and, respectively, global renewable energy from the 2 previous calendar years and measures taken or proposed at national level to promote development energy from renewable sources taking into account the indicative trajectory in Annex I, Part B, Directive 2009 /28/EC ; b) the introduction and operation of promotion systems and other measures to promote renewable energy and any developments in the measures used in respect of those set out in the National Renewable Energy Action Plan of the Member State and information on how the electricity receiving support is allocated to final consumers, according to the provisions of art. 3 3 para. ((6) of Directive 2003 /54/EC ; c) the ways in which promotion systems have been structured to take into account applications that use renewable energy and which offer additional advantages over other comparable applications, but have higher costs, including biofuels produced from waste, residues, cellulosic material of non-food origin and lignocellulosic material; d) operation of the system of guarantees of origin for electricity, heating and cooling from renewable energy sources and measures taken to ensure the reliability and protection of the system against fraud; e) progress in the assessment and improvement of administrative procedures for the removal of any obstacles identified in the regulations and of another nature arising from the development of renewable energy; f) the measures taken to ensure the transport and distribution of electricity produced from renewable energy sources and to improve the framework or rules for the separate or joint support of the costs provided for in art. 16 16 para. ((3) of Directive 2009 /28/EC ; g) the development of the availability and use of biomass resources for energy purposes; h) the marketing price and changes in the use of land associated with the intensification of the use of biomass and other forms of energy from renewable sources; i) development and joint use of biofuels produced from waste, residues, cellulosic material of non-food origin and lignocellulosic material; j) the estimated impact of the production of biofuels and bioliquids on biodiversity, water resources, water and soil quality on the territory of Romania; k) the net estimated reduction of greenhouse gas emissions due to the use of energy from renewable sources; l) the estimated excess of energy production from renewable sources of Romania compared to the indicative trajectory, which could be transferred to other Member States, as well as the estimated potential for joint projects, until 2020; m) the estimated demand for energy from renewable sources that must be met differently than by domestic production by 2020; n) information on how to estimate the share of biodegradable waste from waste used in energy production and on measures taken to improve and verify these estimates. ------------ Alin. ((5) of art. 20 20 has been amended by section 4 4 of art. I of ORDINANCE no. 29 29 of 30 August 2010 , published in MONITORUL OFFICIAL no. 616 616 of 31 August 2010. (6) The data from the previous reports may be corrected in each report. ------------ Alin. ((6) of art. 20 20 has been introduced by section 5 5 of art. I of ORDINANCE no. 29 29 of 30 August 2010 , published in MONITORUL OFFICIAL no. 616 616 of 31 August 2010. + Article 21 (1) The relevant Ministry shall draw up and notify the European Commission, by 30 June 2010, of the National Renewable Energy Action Plan. (2) The national renewable energy action plan referred to in par. ((1) lays down the national targets for the share of energy from renewable sources consumed in transport, electricity, heating and cooling in 2020, taking into account the effects of other energy efficiency policies on final energy consumption, and the measures to be taken to achieve those global national targets, including cooperation between local, regional and national authorities, statistical transfers or planned joint projects, national strategies for the development of biomass resources and the mobilisation of some new sources of biomass for different uses and the measures to be taken under this law. + Article 22 If the share of energy from renewable sources falls below the value set by the indicative trajectory referred to in Article 2 (1), 5 within a period of 2 years, the relevant ministry shall draw up and notify the European Commission of a national action plan in the field of modified renewable energy by 30 June of the following year, a national plan setting out measures appropriate and proportionate to achieve within a reasonable period the value set out in the indicative trajectory. + Article 23 The relevant Ministry shall draw up and notify the European Commission before the deadline for the elaboration of the National Renewable Energy Action Plan, a forecast document indicating: a) the estimated excess of its energy production from renewable sources compared with the indicative targets set out in Annex I, Part B, Directive 2009 /28/EC ,, which could be transferred to other Member States, in accordance with art. 16-19 16-19, as well as its estimated potential for joint projects, by 2020; ------------ Lit. a) of art. 23 23 has been amended by section 4.2 6 6 of art. I of ORDINANCE no. 29 29 of 30 August 2010 , published in MONITORUL OFFICIAL no. 616 616 of 31 August 2010. b) its estimated demand for energy from renewable sources that must be met differently than through domestic production by the year 2020. + Article 23 ^ 1 The forecast document provided for in art. 23 is updated in the report referred to in art. 20 20 para. ((4). ------------ Art. 23 ^ 1 was introduced by item 7 7 of art. I of ORDINANCE no. 29 29 of 30 August 2010 , published in MONITORUL OFFICIAL no. 616 616 of 31 August 2010. + Chapter IX Guarantees of origin for electricity, heating and cooling of renewable energy sources + Article 24 ((1) In order to prove to final consumers the share or quantity of energy from renewable sources within the energy mix of a supplier, the system of guarantees of origin of the production of renewable energy shall be established, in compliance with objective, transparent and non-discriminatory criteria. (2) ANRE elaborates the Regulation for issuing and tracking the guarantees of origin, which shall be approved by Government decision within 3 months from the entry into force of this Law *). Note
----------
* *) The text was introduced by Law no. 139/2010 on the amendment Law no. 220/2008 for the establishment of the system for promoting the production of energy from renewable energy sources, published in the Official Gazette of Romania, Part I, no. 474 474 of 9 July 2010, so that the time limit in question flows from the date of entry into force of the Law no. 139/2010 .
---------- + Chapter IX ^ 1 Administrative procedures ------------ Head. IX ^ 1 was introduced by section 5.1. 8 8 of art. I of ORDINANCE no. 29 29 of 30 August 2010 , published in MONITORUL OFFICIAL no. 616 616 of 31 August 2010. + Article 24 ^ 1 (1) Public authorities with powers in the granting of authorisations, licences, notices or certificates for power generation plants, for electricity transmission and distribution networks or for networks of heating/cooling using renewable energy sources and biomass transformation processes in biofuels or other energy products are required to issue these documents on the basis of specific procedures developed in compliance with the principle of proportionality and taking into account the specific structure of the energy sector products from renewable sources. (2) The regulations provided in par. (1) are objective, transparent, proportionate, do not discriminate between applicants and take into account the specificities of each of the technologies using renewable energy sources. (3) For installations with installed power less than 10 MW and for distributed generation installations of renewable energy, simplified procedures are established by the regulations provided in par. ((1). ------- Alin. ((3) of art. 24 ^ 1 has been amended by section 4.2 12 12 of art. I of LAW no. 134 134 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, which introduces point 19 19 ^ 1 al art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. (4) In the regulations and codes of construction, measures are introduced to increase the share of all types of energy from renewable sources in the field of construction. ------------ Art. 24 ^ 1 was introduced by item 1. 8 8 of art. I of ORDINANCE no. 29 29 of 30 August 2010 , published in MONITORUL OFFICIAL no. 616 616 of 31 August 2010. + Article 24 ^ 2 Until 31 December 2014, the regulations and/or codes referred to in art. 24 ^ 1 para. ((4) provide for the use of minimum energy levels from renewable energy sources in the case of new and existing buildings which are subject to major renovations. ------------ Article 24 ^ 2 was introduced by the section 8 8 of art. I of ORDINANCE no. 29 29 of 30 August 2010 , published in MONITORUL OFFICIAL no. 616 616 of 31 August 2010. + Chapter IX ^ 2 Certification systems for installers and information campaigns ------------ Head. IX ^ 2 was introduced by section 4.2. 8 8 of art. I of ORDINANCE no. 29 29 of 30 August 2010 , published in MONITORUL OFFICIAL no. 616 616 of 31 August 2010. + Article 24 ^ 3 (1) Until 2012, the responsible public authorities, under the coordination of the relevant ministry, shall develop and make available to the installers of biomass boilers and small stoves and solar photovoltaic and solar thermal systems, of systems Shallow geothermal and heat pumps certification schemes or equivalent qualification systems. (2) The schemes provided in par. ((1) are based on the criteria set out in the Annex which forms an integral part of this Law (3) Romania recognises the certification granted by the other Member States in accordance with the criteria laid down in paragraph 1 ((2). ------------ Article 24 ^ 3 was introduced by the section 8 8 of art. I of ORDINANCE no. 29 29 of 30 August 2010 , published in MONITORUL OFFICIAL no. 616 616 of 31 August 2010. + Article 24 ^ 4 Central and local public administration authorities with responsibilities in the field of renewable energy promotion shall organise appropriate information, awareness-raising, guidance or training programmes on the advantages and practical aspects of the development and use of energy from renewable sources. ------------ Article 24 ^ 4 was introduced by section 4. 8 8 of art. I of ORDINANCE no. 29 29 of 30 August 2010 , published in MONITORUL OFFICIAL no. 616 616 of 31 August 2010. + Chapter X Access to the power grid + Article 25 (1) The power generation capacities from renewable energy sources shall be connected to the electricity transmission/distribution grid, in so far as the safety of the National Electropower System is not affected. ------- Alin. ((1) of art. 25 25 has been amended by section 20 20 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. ((1 ^ 1) Electricity produced from renewable energy sources has priority access to the electricity transmission/distribution grid, in so far as the safety of the National Electropower System is not affected, in compliance with ANRE regulations. ------- Alin. ((1 ^ 1) of art. 25 25 has been introduced by section 13 13 of art. I of LAW no. 134 134 of 18 July 2012 , published in MONITORUL OFFICIAL no. 505 505 of 23 July 2012, which introduces point 20 20 ^ 1 al art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. ((. Network operators shall make available to any new renewable energy producer wishing to connect to the system the complete necessary information, including: a) a comprehensive and detailed estimation of the costs related to the connection; b) a reasonable and accurate time limit for the receipt and analysis of the electricity grid connection request; c) a reasonable indicative timetable for any connection proposed to the power grid. d) information on the financial guarantee for connection. ------- Lit. d) a par. ((2) of art. 25 25 was introduced by section 4.2. 12 12 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. + Chapter XI Final provisions + Article 26 (1) An economic operator developing installations for the production of electricity from renewable sources with installed power greater than 250 MW and meeting the conditions for the application of the promotion system established by this Law prepare and submit the documentation necessary for the individual notification of the support measure to the European Commission, in accordance with the provisions of point ((20) lit. ((b) of the Commission Communication-Guidelines on State aid for the protection of the environment and energy for the period 2014-2020 (2014/C 200/01), published in the Official Journal of the European Union no. C 200 of 28 June 2014. ---------- Alin. ((1) of art. 26 26 has been amended by section 8 8 of art. 6 of LAW no. 122 122 of 29 May 2015 , published in MONITORUL OFFICIAL no. 387 387 of 3 June 2015. (2) Applicant economic operators benefit from the promotion system provided for by this Law only after their authorization by the European Commission and only for the technologies for the production of electricity from renewable sources mentioned in the authorization decision, respectively after obtaining the decision authorising the individual aid from the European Commission, in the case of the economic operator referred to in par. ((1). ---------- Alin. ((2) of art. 26 26 has been amended by section 8 8 of art. 6 of LAW no. 122 122 of 29 May 2015 , published in MONITORUL OFFICIAL no. 387 387 of 3 June 2015. (3) Implementation of the provisions of par. (2) is carried out by ANRE by issuing an accreditation decision according to art. 6 6 para. ((6) lit. a). (4) For the operators referred to in par. (1), ANRE may modify the number of green certificates provided for in art. 6 6 para. (2), in accordance with the provisions of the European Commission Decision ------- Article 26 has been amended by section 6.6. 21 21 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. + Article 27 If within 2 consecutive years the level of mandatory annual electricity quotas produced from renewable sources benefiting from the promotion system is not reached, the Government will take measures to stimulate investment, in order to compliance with this law. + Article 28 (1) The regulatory framework for the promotion of the use of biofuels and bioliquids as well as the manner in which their use is considered to meet the objectives set out in this Law shall be drawn up by the relevant ministry and shall be approve by Government decision, within 90 days from the entry into force of the present law. * ***) ((2) Abrogat. ------- Alin. ((2) of art. 28 28 has been repealed by section 6.6. 22 22 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. + Article 29 (1) ANRE monitors the beneficiary producers of the promotion system through green certificates and prepares annual reports that it makes public on its website, within 90 days from the end of the monitored period. ------------ Alin. ((1) of art. 29 29 has been amended by section 14 14 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, amending section 13 13 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. ((. Where from the monitoring report referred to in paragraph 1. ((1), elaborated on the basis of data resulting from feasibility studies for new investment projects in Romania and based on the monitoring of investment and operating costs/producers ' revenues, it is found that the specific parameters each technology differs significantly from those given in the calculation carried out for the authorization of the promotion system provided for in this Law, which may lead to overcompensation as a whole for one or more of the technologies provided in art. 3 3 para. (1), ANRE proposes to the Government, within 30 days from the publication of the monitoring report, measures to reduce the number of green certificates provided for in art. 6 6 para. (2), for the new beneficiaries, to adjust the internal rates of return, aggregated on technologies, where appropriate, to the values considered to be the authorisation of the underlying scheme. (3) Measures to reduce the number of green certificates provided for in art. 6 6 para. (2) is approved by Government decision, at the proposal of the Department for Energy, within 60 days from the date of their communication by ANRE according to the provisions of par. (2), and shall apply to power plants/groups owned by electricity producers from renewable energy sources, accredited by ANRE for the application of the promotion system through green certificates, after the date of entry into force of of this Government Decision, as of 1 January of the following year. ------------ Alin. ((3) of art. 29 29 has been amended by section 14 14 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, amending section 13 13 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. ------------ Article 29 has been amended by section 6.6. 13 13 of art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. + Article 30 (1) The following facts are contrary to the Constitution: a) failure to submit by the producers and suppliers referred to in art. 8 8 para. (1), at the established deadlines, of the data/information requested by ANRE on the basis of this law and the regulations issued in its application or incorrect or incomplete provision of such data/information; b) non-payment of the value of green certificates not purchased by the suppliers and manufacturers referred to in art. 8 8 para. (1), at the deadlines established by the ANRE regulations; c) trading of green certificates at prices that do not fall within the limits set out in art. 11 11; d) unjustified refusal of network operators to validate the measured values of electricity delivered/consumed, according to art. 7 lit. a); e) non-compliance with 8 8 para. ((4) and (6) by the producers and suppliers referred to in art. 8 8 para. ((1); ------------ Lit. e) a par. ((1) of art. 30 30 was introduced by section 4.2. 15 15 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 14. f) non-compliance with ANRE regulations in the field of energy promotion from renewable energy sources ------------ Lit. f) a par. ((1) of art. 30 30 was introduced by section 4.2. 15 15 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 14. (2) Contraventions provided in par. ((1) lit. c), d), e) and f) are sanctioned with a fine of 1,000 lei to 10,000 lei, in the case of individuals, and with a fine of 10,000 lei per 100,000 lei, in the case of legal entities. ---------- Alin. ((2) of art. 30 30 has been amended by section 9 9 of art. 6 of LAW no. 122 122 of 29 May 2015 , published in MONITORUL OFFICIAL no. 387 387 of 3 June 2015. (2 ^ 1) Contraventia provided in par. ((1) lit. a) is sanctioned with a fine of 10,000 lei per 100,000 lei and up to 5% of the turnover, for repeated non-compliance at least twice in a calendar year. ---------- Alin. (2 ^ 1) of art. 30 30 has been introduced by section 10 10 of art. 6 of LAW no. 122 122 of 29 May 2015 , published in MONITORUL OFFICIAL no. 387 387 of 3 June 2015. (3) Contraventions provided in par. ((1) lit. b) is sanctioned with a fine equal to the total value of green certificates not purchased by a supplier or manufacturer provided for in art. 8 8 para. (1) multiplied by 3 times, its minimum value being 10,000 lei, and the maximum value of 10,000,000 lei, by way of derogation from the provisions art. 8 8 para. ((2) lit. a) 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. ------------ Alin. ((3) of art. 30 30 has been amended by section 15 15 of art. I of LAW no. 23 23 of 14 March 2014 , published in MONITORUL OFFICIAL no. 184 184 of 14 March 2014, which supplements art. I of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013, with point 15. (4) The finding of contraventions and the application of sanctions shall be made by the authorized representatives of ANRE. (5) Contraventions provided in par. (1) their provisions are applicable 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 30 has been introduced by the 23 23 of art. I of EMERGENCY ORDINANCE no. 88 88 of 12 October 2011 , published in MONITORUL OFFICIAL no. 736 736 of 19 October 2011. Note
----------
NOTE:
We reproduce below the mention on the transposition of Community rules from Law no. 139/2010 on the amendment Law no. 220/2008 for the establishment of the energy promotion system from renewable energy sources:
" The present law transposes art. 1-4 1-4, art. 5 5 para. ((1), art. 6-10 6-10, art. 12 12, art. 15 15 para. ((1) and art. 16 16 para. ((2)-(6) of Directive no. 2009 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources, amending and subsequently repealing Directives 2001 /77/EC and 2003 2003 /30/EC ,, published in the Official Journal of the European Union no. L 140 of 5 June 2009. The other provisions of the said directive that are not transposed by this law will be transposed by decisions of the subsequent Government. "
---------- + Annex Criteria related to installers ' certification schemes + Article 1 The certification or qualification process is transparent and clearly defined. + Article 2 Installers for heat and biomass pump and for geothermal, solar thermal and solar photovoltaic installations are certified by an accredited training program or by an accredited training body. + Article 3 The accreditation of the training programme or body shall be carried out by designated bodies. The accredited body shall be required to ensure that the training programme offered by the training body shows continuity or regional or national coverage. The training body shall have specific technical facilities to provide practical training, including certain laboratory equipment or appropriate facilities to ensure practical training. The training body must also provide, in addition to basic training, short refresher courses on typical problems, including new technologies, to enable continuous improvement in the field of installations. Can have the quality of the training body the manufacturer of the plant or system, institutes or associations. + Article 4 The training that concludes with the certification or qualification of the installer includes both a theoretical and a practical part. At the end of the training, the installer must hold the necessary qualifications for the installation of relevant equipment and systems in order to meet their customer's performance and reliability requirements, to themselves competencies at a high quality level and to comply with all applicable codes and standards, including those relating to energy and Ecolabel. + Article 5 The training course ends with an examination for obtaining a certificate or a qualification. The examination consists of a practical test of the correct installation of boilers and biomass furnaces, heat pumps, geothermal installations or solar thermal installations and solar photovoltaic installations. + Article 6 Certification schemes or qualification systems shall take into account the following guidelines: 1. Accredited training programs should be offered to installers with work experience and who have followed or follow the following types of training: a) in the case of boiler and biomass furnace installers: prior training is required as a water and canal installer, pipe and pipe installer, thermal installation installer or plumbing and heating or cooling technician; b) in the case of heat pump installers: prior training is required as a water and channel installer or refrigeration plant installer and holding the basic qualification as an electrician and water and channel installer (pipe cutting, welding pipe sleeves, bonding of pipe sleeves, insulation, seal sealing, leakage checking and installation of heating or cooling systems); c) in the case of solar thermal or solar photovoltaic installation installer: prior training is required as a water and canal or electrician installer, holding the basic qualification as a water and channel installer, electrician and qualification for works for the application of construction coverings, including knowledgeable welding of pipe sleeves, solder of pipe sleeves, insulation, gasket sealing, leakage check to water and canal works, ability to carry out network connections, familiarization with basic materials for coatings, download methods in arc and welding; or d) a training program to provide a fitter with specific qualifications, equivalent to 3 years of training in the qualifications mentioned in lett. a), b) or c), including education in the classroom and at work. 2. The theoretical part of the installation of the installer for furnaces and biomass boilers should provide an overview of the biomass market situation and include ecological aspects, biomass fuels, logistics, protection against fires, related facilities, combustion techniques, ignition systems, optimal hydraulic solutions, cost and cost-efficiency comparison, as well as the design, installation and maintenance of biomass boilers and ovens. Training should also ensure a good knowledge of European standards in the field of biomass technology and fuels, of the type of pellets, as well as of national and Community biomass legislation. 3. The theoretical part of the formation of heat pump installers should provide an overview of the heat pump market situation and cover geothermal resources and the temperatures of underground sources in different regions, identification thermal conductivity of soils and rocks, regulations on the use of geothermal resources, the feasibility of using heat pumps in construction and determining the most suitable heat pump system, as well as knowledge on technical requirements, safety, air filtration, heat source connection and system plan. Training should also ensure a good knowledge of European standards for heat pumps as well as relevant national and Community legislation. The installer should demonstrate that it has the following key competences: a) basic understanding of the physical and operating principles of heat pump, including heat pump circuit characteristics: the context between the low temperatures of the heat-absorbing environment, the high temperatures of the source the heat and efficiency of the system, the determination of the coefficient of performance (COP) and the seasonal performance factor (FPS); b) understanding of components and their operation within the heat pump circuit, such as compressor, détente vent, evaporator, condenser, fittings and gaskets, lubrication oil, refrigerant, overheating and welding and the cooling possibilities in the case of heat pumps; c) the ability to choose and size the components in typical situations for the field of installations, including determining the typical values of cold needs for different buildings and for the production of hot water on the basis of consumption of energy, to determine the heat pump capacity on cold needs for the production of hot water, for the building preservation mass and for the uninterrupted supply of current; determination of the buffer-buffer component and volume its, as well as the integration of a second heating system. 4. The theoretical part of the training of installers for solar thermal and solar photovoltaic installations should provide an overview of the solar product market situation and comparisons between cost and profitability and encompass aspects. ecological, components, characteristics and dimensioning of systems using solar energy, selection of precise systems and component sizing, determination of heat needs, fire protection, related facilities, such as and design, installation and maintenance of solar thermal installations and solar photovoltaic. Training should also ensure knowledge of European technology and certification standards, such as Solar Keymark, as well as related national and community legislation. The installer should demonstrate that it has the following key competences: a) the ability to work safely, using the necessary equipment and tools and implementing codes and safety standards and the ability to identify hazards related to electricity, water and canal work, and the hazards of other nature associated with solar installations; b) the ability to identify specific systems and components for active and passive systems, including their mechanical design, and to determine the location of the components, plan and configuration of the system; c) the ability to determine the area required for the installation, orientation and inclination of the solar water heater and solar photovoltaic, taking into account the shadow, the solar access, the structural integrity, the opportunity of installation from the point The view of the building or the climate and the identification of the different installation methods suitable for roof types and the proportion of equipment needed for installation within the system; and d) in particular, for solar photovoltaic systems, the ability to adapt the electrical system, including the determination of the design currents, the selection of the corresponding types of conductors and the corresponding nominal values for each electrical circuit, determining the appropriate size, nominal values and locations for the related equipment and subsystems and selecting an appropriate interconnection point. 5. The certification of installers should be limited in time, so a seminar or refresher course is recommended to ensure the continuity of certification. --------------- The Annex was introduced by item 9 9 of art. I of ORDINANCE no. 29 29 of 30 August 2010 , published in MONITORUL OFFICIAL no. 616 of 31 August 2010, having the content of the Annex in this normative act. -------