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Law No. 139 Of 7 July 2010 Amending And Supplementing Law No. 220/2008 Establishing The System For Promoting Energy From Renewable Sources

Original Language Title:  LEGE nr. 139 din 7 iulie 2010 privind modificarea şi completarea Legii nr. 220/2008 pentru stabilirea sistemului de promovare a producerii energiei din surse regenerabile de energie

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LEGE no. 139 139 of 7 July 2010 amending and supplementing Law no. 220/2008 establishing the system for promoting the production of energy from renewable energy sources
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 474 474 of 9 July 2010



The Romanian Parliament adopts this law + Article I 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. 743 of 3 November 2008, shall be amended and supplemented as follows: 1. Article 1 (1) (a) shall be repealed. 2. in Article 1, points e) and g) of paragraph 1 shall be amended and shall read as follows: " e) 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; ......................................................................................... g) establishing sustainability criteria for biofuels and bioliquids. " 3. in Article 2, letters b) and c) shall be amended and shall read as follows: " 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; '. 4. In Article 2, after letter c) a new letter, letter c ^ 1) is inserted, with the following contents: " c ^ 1) biofuel-liquid or gaseous fuel for transport, produced from biomass; '. 5. in Article 2, points d), f), g), h) and i) shall be amended and shall read as follows: " d) the power plant-the assembly of installations, constructions and equipment necessary for the production of electricity; may consist of one or more electric groups; .......................................................................................... f) new plant/new electric group-power plant/group put into operation after January 1, 2004, compus/composed entirely of new equipment; g) green certificate-the title certifying the production from renewable energy sources of electricity. The certificate can be traded, distinct from the amount of electricity it represents, on an organized market, under the law; h) gross final consumption of electricity-the amount of electricity produced, including electricity consumption in the electricity generation sector, as well as electricity losses from 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) own technological consumption-the electricity consumption of a plant, necessary for the production of electricity production; ". 6. In Article 2, after letter j), 6 new letters are inserted, letters j ^ 1)-j ^ 6), with the following contents: " j ^ 1) 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; j ^ 2) 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 system of mandatory quotas, with the exception of electricity produced in hydroelectric power plants with installed power greater than 10 MW; j ^ 3) aerothermal energy-energy stored in the form of heat in ambient air; j ^ 4) geothermal energy-the energy stored in the form of heat under the solid layer of the terrestrial surface; j ^ 5) hydrothermal energy-energy stored in the form of heat in surface waters; j ^ 6) 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 the field of environmental protection, regulated Government Emergency Ordinance no. 196/2005 on the Environmental Fund, approved with amendments and additions by Law no. 105/2006 ,, as amended and supplemented. " 7. in Article 2, points l)-o) shall be amended and shall read as follows: " l) guarantee of origin-the electronic document with the sole function of providing a final consumer with proof that a given share or quantity of energy has been 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 ; m) electric group-the technological unit producing electricity that can be individualized in terms of realization, retrofit and commissioning; n) 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; o) relevant ministry-Ministry of Economy, Trade and Business Environment; ". 8. In Article 2, after letter s) a new letter is inserted, letter s ^ 1) with the following contents: " s ^ 1) 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 measures to be taken to achieve those global national targets; '. 9. in Article 2, points t) and u) shall be amended and shall read as follows: " t) compulsory quota system-the mechanism for the promotion of electricity produced from renewable energy sources by applying mandatory annual green certificates; u) promotion system-any instrument, scheme or mechanism, which promotes the use of renewable energy 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 energy from renewable sources; '. 10. In Article 2, after letter u) two new letters, letters u ^ 1) and u ^ 2) are inserted with the following contents: " u ^ 1) promotion system through green certificates-the mandatory quota system combined with the trading of green certificates; u ^ 2) isolated electropower system-the local system for the production, distribution and supply of electricity that is not interconnected with the National Electroenergetic System; ". 11. Article 2 (v) shall be repealed. 12. In Article 2, letter x) is amended and shall read as follows: " x) renewable energy sources-non-fossil energy sources, respectively: 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. " 13. In Article 2, after letter x) a new letter, letter z) is inserted, with the following contents: "" z) national targets for the share of electricity produced from renewable energy sources-national targets for the share of electricity produced from renewable sources in gross final 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. ' 14. Article 3 is amended and shall read as follows: "" Art. 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 from: 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) gas resulting from waste processing; 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/plants that have been used for the production of electricity on the territory of other states if used in insulated electropower systems or have been put into service before the date the entry into force of this Law, but not more than 10 years old and in accordance with the environmental protection rules; d) 3 years, for electricity produced in groups/hydroelectric power plants with installed power of no more than 10 MW, non-retrofitted. (. The promotion system shall apply to producers, holders of the production capacities referred to in paragraph 1. (2), qualified by ANRE in this regard, from the date when they start to produce electricity and receive green certificates for electricity, according to art. 5, if the proposals in operation, respectively the groups/central retrofits are made by the end of 2016. ((4) Qualification for the application of the promotion system established by this law may be phased, as each individual electric group within an energy capacity containing several such groups is put into service. electric, in which case the period of application of the promotion system regulated by this law will apply differentiated, depending on the time of qualification. (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 from import, regardless of the installed power of the power plant; b) the electricity produced in plants with accumulation by pumping from the water previously pumped into the upper basin; c) electricity produced in multi-fuel power plants using renewable and conventional sources in which the energy content of conventional fuel accounts for more than 75% of the total energy content used; d) electricity related to the plant's own technological consumption. (7) In the case of electricity produced from renewable sources in cogeneration, the promotion system shall apply for electricity produced in high-efficiency cogeneration qualified according to the regulations in force, manufacturers having the right to opt either for the promotion scheme for cogeneration or for the promotion scheme provided for in this Law. " 15. Article 4 is amended and shall read as follows: "" Art. 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 green certificate promotion scheme for the period 2010-2020 are as follows: 2010-8.3%; 2011-10%; 2012-12%; 2013-14%; 2014-15%; 2015 -16%; 2016-17%; 2017-18%; 2018-19%; 2019-19.5%; 2020-20%. (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 qualifies electricity producers from renewable energy sources to benefit from the promotion system through green certificates, under the conditions laid down in the Regulation for the qualification of electricity producers from sources renewable energy for the application of the promotion system through green certificates. (7) In the first decade of December, ANRE publishes on its website the mandatory annual quota of purchase of green certificates estimated for the following year, the number of green certificates estimated to be issued on the basis of electricity information estimated to be produced from renewable energy sources for the following year and estimated final energy consumption for the following year. (8) ANRE elaborates, within 3 months from the entry into force of this Law, a methodology for establishing the annual green certificates purchase quotas, approved by order of the President of ANRE. (9) By March 1 of the current year, ANRE will adjust the mandatory annual rate of purchase of green certificates related to the previous year, based on the actual achievements of the previous year and will publish it on its website. " 16. After Article 4, a new article is inserted, Article 4 ^ 1, with the following contents: "" Art. 4 4 ^ 1. -(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. (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, in the sense of lit. 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. " 17. Article 5 is amended and shall read as follows: "" Art. 5. -(1) The transmission and system operator shall issue green certificates to manufacturers on a monthly basis, for the quantity of electricity produced from renewable energy sources and delivered to suppliers and/or final consumers. (2) Renewable energy producers benefit from a number of green certificates for electricity produced and delivered according to the provisions of par. ((1), including for the quantity of electricity produced during the trial period of the operation of the power groups/power plants, as follows: a) for electricity from hydroelectric power plants with installed power of not more than 10 MW: ((i) 3 green certificates for each 1 MWh produced and delivered, if the hydroelectric power plants are new; (ii) two green certificates for each 1 MWh produced and delivered, if the hydroelectric power plants are retrofitted; 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) two green certificates, until 2017, and a green certificate, starting with 2018, for every 1 MWh produced and delivered by electricity producers from wind energy; d) 3 green certificates for each 1 MWh produced and delivered by the electricity producers from the sources provided in art. 3 3 para. ((1) lit. d)-i); e) 6 green certificates for every 1 MWh produced and delivered by solar power generators. (3) They will benefit from the promotion system through green certificates regulated by this law and isolated electroenergy systems. (4) For electricity produced in high-efficiency cogeneration in plants using the renewable energy sources referred to in art. 3 3 para. ((1) lit. d)-i) is granted in addition to the provisions of par. ((2) lit. d) one green certificate for every 1 MWh produced and delivered. (5) ANRE has the following tasks: a) qualify the power groups/power plants benefiting from the promotion scheme, under the Regulation for the qualification of electricity producers from renewable energy sources for the application of the promotion scheme; b) develop the regulatory framework for the monitoring of the costs/revenues of the production of electricity producers from renewable sources benefiting from the promotion scheme by green certificates. " 18. In Article 6, paragraph 2 shall be amended and shall read as follows: "(2) Manufacturers who deliver electricity on the basis of direct contracts shall transmit to the transmission operator and system data on the quantities of electricity produced from renewable sources on a monthly basis." 19. Article 7 is amended and shall read as follows: "" Art. 7. -Electricity suppliers 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, under the conditions of art. 4 4 para. (7), and the quantity of electricity, expressed in MWh, provided annually to final consumers. " 20. In Article 8, paragraphs 2 and 3 shall be amended and shall read as follows: "" (2) The connection of electricity generators from renewable sources to electricity networks is based on the Regulation on the connection of users to electricity networks of public interest, issued on the basis of art. 11 11 para. ((2) lit. q) of the Electricity Law no. 13/2007 , with subsequent amendments and completions. (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. " 21. Article 8 (4) shall be repealed. 22. in Article 8, after paragraph 5, a new paragraph (6) is inserted, with the following contents: " (6) 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. " 23. Article 9 is amended and shall read as follows: "" Art. 9. -(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. ((. Until national targets are reached, green certificates may only be traded on the internal market for green certificates. " 24. Article 10 is amended and shall read as follows: "" Art. 10. -(1) For the period 2008-2025, the trading value of green certificates on the markets referred to in art. 9 9 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 inflation index recorded in December of the previous year, calculated at EU level 27, officially communicated by EUROSTAT. (4) Within 15 days from the publication of the average inflation index calculated at EU level 27 by EUROSTAT, ANRE publishes on its own website the minimum and maximum values determined according to the provisions of par. ((1)-(3), indexed and applicable for the current year. (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). ' 25. Article 11 is amended and shall read as follows: "" Art. 11. -(1) ANRE shall establish, by April 15 of each year, for the previous calendar year and for each supplier, on the basis of the number of green certificates purchased and the electricity provided to the final customers, the degree of fulfilment of the mandatory annual rate of purchase of green certificates. (2) The supplier who does not make the annual compulsory quota is obliged to pay the value of the green certificates not purchased at the value of 110 euro for each unpurchased certificate, calculated in lei at the average value of the Exchange established by the National Bank of Romania for December of the previous year. ((3) As of 2011, the value provided in par. (2) is indexed annually by ANRE according to the average inflation index recorded in December of the previous year, calculated at EU level 27, officially communicated by EUROSTAT. (4) Within 15 days from the publication of the average inflation index calculated at EU level 27 by EUROSTAT, ANRE publishes on its own website the value determined according to the provisions of par. ((2) and (3), indexed and applicable for the current year. (5) The amount resulting from the application of the provisions ((2) and (3) is collected by the transmission system operator and is made to the Environment Fund to finance the production of energy from renewable sources by individuals who invest in energy capacities with power installed up to 100 kW. " 26 26. Chapter V "The marketing of green certificates" shall be repealed. 27. Article 13 shall be amended and shall read as follows: "" Art. 13. -(1) The competent authority 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 electricity sources. (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. ((4) 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 .. " 28. Article 14 is amended and shall read as follows: "" Art. 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/power plant may be sold at regulated prices to suppliers involved in whose licence areas are located Plants. (3) The involved suppliers are obliged, at the request of the producers and consumers of power plants who use renewable energy sources, to purchase the electricity produced according to par. (2), under the conditions established by ANRE. (4) The regulated prices referred to in par. (2) are established by ANRE on the basis of a methodology that will be approved within 60 days from the entry into force of this law, in accordance with the promotion system provided for by this law. (5) Requests for sale of electricity by producers/consumers referred to in par. (3) will be addressed to the suppliers involved, as a rule, until the end of October of the year preceding the contracting one, the sales contracts being concluded for at least one year. (6) Individuals with power generation units from renewable sources with installed power less than 1 MW per consumption, as well as public authorities with renewable electricity generation capacities made, partially or totally, from structural funds can benefit from suppliers with whom they have electricity supply contract, on request, on the regularisation, financial and/or quantitative service, between delivered energy and energy consumed from the network, according to a methodology developed by ANRE, within 60 days of the entry into force of this Law. (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 established by ANRE, within 90 days from the entry into force of the present law, so that the limitation or interruption of energy production from renewable sources be applied only in exceptional cases, if this is necessary for the stability and security of the National Energy System. " 29. Article 15 is amended and shall read as follows: "" Art. 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 transfers of quantities of electricity from renewable sources with another Member State; (ii) cooperate in the implementation of joint projects relating to the production of electricity from renewable energy sources; (iii) harmonise, in whole or in part, national promotional schemes; b) Romania can, through joint agreements with third countries, cooperate in the implementation of projects related to the production of electricity from renewable energy sources. (2) Agreements of the type established in par. ((1) are concluded on one or more years and are 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. ((3) The rules on how to take into account the national objective of the results of the agreements referred to in par. (1) are issued by the ministries involved, within 60 days from the transposition into the Romanian legislation of the specific European legislation, established by Directive 2009 /28/EC. " 30. Article 16 shall be repealed. 31. After Chapter VII a new chapter, Chapter VII ^ 1, is inserted, with the following contents: "" CHAPTER VII ^ 1 Joint projects Article 16 ^ 1. -(1) The regulatory framework necessary for cooperation with other Member States in all types of joint projects relating to the production of electricity, heating or cooling from renewable energy sources shall be drawn up by the Ministry de resort, in collaboration with the competent authorities, and is approved by Government decision, within 90 days from the entry into force of this law. That cooperation may involve private operators. (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 16 ^ 2. -(1) In the case of carrying out joint projects in accordance with art. 16 16 ^ 1, within 3 months from the end of each year within the period specified in art. 16 ^ 1 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 16 ^ 3. -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-built installation, 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 16 ^ 4. --For the purposes of art 16 ^ 1 para. ((2) and art. 16 ^ 3 lit. b) the renewable energy units resulting from the increase in the capacity of an installation shall be deemed to have been produced by a separate installation which was put into service on the date on which the capacity increase took place. '; 32. In Article 17, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) 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. " 33. Article 17 (3) and (a) of paragraph 4 shall be amended and shall read as follows: " (3) 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. .......................................................................................... a) the implementation and operation of the electricity promotion system from renewable sources, as well as the way of carrying out the measures set out in the National Action Plan; ". 34. After Article 17, 3 new articles are introduced, Articles 17 ^ 1-17 ^ 3, with the following contents: "" Art. 17 17 ^ 1. -(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 17 ^ 2. -If the share of energy from renewable sources falls below the value set by the indicative trajectory provided for in art. 4 ^ 1 in 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. Art. 17 ^ 3. -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 production of energy from renewable sources compared with the national objective, which could be transferred to other Member States, in accordance with art. 16 ^ 1-16 ^ 4, as well as its estimated potential for joint projects, by the year 2020; and b) its estimated demand for energy from renewable sources, which must be met differently than by domestic production by 2020. " 35. Chapter IX "Facilities" shall be repealed. 36. After Chapter IX, a new chapter, chapter IX ^ 1, is inserted, with the following contents: "" CHAPTER IX ^ 1 Guarantees of origin for electricity, heating and cooling products from renewable energy sources Art. 19 ^ 1. --(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 renewable energy production shall be established, in compliance with objective, transparent and non-discriminatory criteria. ((2) ANRE shall develop 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. " 37. Article 20 is amended and shall read as follows: "" Art. 20. -(1) Electricity producers from renewable energy sources have priority access to the electricity transmission/distribution network, insofar as the safety of the National Energy System is not affected. ((. 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. " 38. Article 21 shall be repealed. 39. Article 22 is amended and shall read as follows: "" Art. 22. --(1) ANRE shall adapt the regulatory framework necessary for the implementation of this law within 60 days of its entry into force. (2) ANRE elaborates the Regulation for the qualification of electricity producers from renewable energy sources for the application of the promotion system, approved by order of the President of ANRE, within 60 days from the entry into force of this law. " 40. Article 23 is amended and shall read as follows: "" Art. 23. -If within 2 consecutive years the level of mandatory annual electricity quotas produced from renewable sources that benefit from the promotion system is not reached, the Government will take measures to stimulate investment, in to comply with the provisions of this Law 41. After Article 23, a new article is inserted, Article 24, with the following contents: "" Art. 24. -(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 is approved by Government decision, within 90 days from the entry into force of this Law. (2) The regulatory framework for the takeover of green certificates in excess and the statistical transfers of electricity from renewable sources, provided for in art. 15 15 para. ((1) lit. a), shall be elaborated by the relevant ministry and shall be approved by Government decision, within 90 days from the entry into force of this law. " 42. The Annex to this Law is repealed. + Article II 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. 743 of November 3, 2008, with the amendments and completions brought by this law, will be republished, giving the texts a new numbering. This 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. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, July 7, 2010. No. 139. ------