Law No. 123 Of 10 July 2012 Electric Power And Natural Gas
Original Language Title: LEGE nr. 123 din 10 iulie 2012 energiei electrice şi a gazelor naturale
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LEGE no. 123 123 of 10 July 2012 (* updated *) electricity and natural gas ((updated until 30 July 2016 *)
---------- The Romanian Parliament adopts this law + Title I Electricity + Chapter I General provisions + Article 1 Regulatory area ((1) This Title establishes the regulatory framework for the pursuit of activities in the electricity and heat energy sector produced in cogeneration, with a view to the optimal use of primary energy resources under the conditions of accessibility, availability and supportability and compliance with safety, quality and environmental protection rules. ... (. The provisions of this Title shall not be subject to: ... a) electric accumulators, mobile generator sets, electrical installations located on vehicles of any kind; ... b) stationary sources of electricity in direct current, if not connected by inverters to the national electropower system, hereinafter referred to as SEN. ... + Article 2 Objectives of activities in the field of electricity and heat produced in cogeneration Activities in the field of electricity and heat produced in cogeneration must be carried out in order to achieve the following basic objectives: a) ensuring sustainable development of the national economy; ... b) diversification of the primary energy resource base; ... c) creating and ensuring the functioning of competitive electricity markets; ... d) ensuring non-discriminatory and regulated access of all participants to the electricity market and to electricity networks of public interest; ... e) transparency of tariffs, prices and taxes on electricity under a pricing policy, aiming to increase energy efficiency on the cycle of production, transmission, distribution and use of electricity; ... f) the establishment of safety stocks for the fuels necessary for the production of electricity, as well as of thermal energy produced in cogeneration; ... g) ensuring the interconnected operation of the NES with the energy systems of the neighbouring countries and the electro-energy systems of the European Network of Transport Operators and the Electricity System-ENTSO-E, hereinafter referred to as ENTSO-E; ... h) improving the competitiveness of the internal electricity market and active participation in the formation of both the regional market and the internal energy market of the European Union and the development of cross-border exchanges; ... i) promoting the use of new and renewable energy sources; ... j) ensuring environmental protection at local and global level, in accordance with the legal regulations in force; ... k) ensuring security measures to prevent and combat acts of terrorism and sabotage on the SEN infrastructure; ... l) ensuring the operational safety of the NES; ... m) ensuring safety in the electricity supply to final customers; ... n) promotion of electricity production made in high-efficiency cogeneration systems, associated with thermal energy delivered to cover a justified economic consumption. ... + Article 3 Meaning of terms and expressions Within the meaning of this title, the following terms and expressions have the following meanings: 1. access to the electricity network of public interest-the set of rules by which a third party exercises the right to connect and use, under the law, the electric transmission and distribution networks; 2. competent authority-National Energy Regulatory Authority, hereinafter referred to as ANRE; 3 3. guaranteed access to electricity networks-the set of rules and technical and commercial conditions by which categories of producers subject to a support scheme adopted at national level are guaranteed to take over in the electricity network quantities of electricity that have been contracted on the competitive market or on the basis of acquisition obligations established under this law; 4. priority access to electricity networks-the set of rules and technical and commercial conditions by which categories of producers are provided with the possibility of taking over at any time and selling the entire quantity of electricity delivered in network, depending on the capacity of the network connection and the availability of eligible units/resources; 5. damage-the event that is manifested by dangerous deviations from the functional parameters provided by the technical norms in force; 6. interconnection capacity-a transmission line of electricity that crosses or passes over the border between two states and which connects the national transport systems of those states; 7. energy capacity-installations for the production of electricity and/or thermal energy in cogeneration, electrical networks and other electropower equipment; 8. the power plant-the assembly of plants, constructions and equipment necessary for the production of electricity; a power plant comprises one or more units (groups) of production; 9. electric cogeneration plant (district heating)-assembly of plants, constructions and equipment necessary for the combined production of electricity and heat; 10. customer-wholesale or final electricity customer; 11. wholesale customer-natural or legal person who buys electricity for resale within or outside the system within which it is established; 12. eligible customer-the customer who is free to choose the electricity supplier from which he buys electricity, within the meaning of art. 33 33 of Directive 2009 /72/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in electricity and repealing Directive 2003 /54/EC; 13. final customer-any natural or legal person who buys electricity for his own consumption; in the law the notions of "final customer" and "consumer" are equivalent; 14. non-domestic customer-any natural or legal person who buys electricity that is not for his own household consumption; this category also includes electricity producers, network operators and wholesale customers; 15. household customer-the customer who buys electricity for his own household consumption, excluding consumption for commercial or professional activities; 16. vulnerable customer-the final customer belonging to a category of domestic customers who, for reasons of age, health or low income, are at risk of social marginalization and who, in order to prevent this risk, benefit from measures of social protection, including financial nature. Social protection measures, as well as the eligibility criteria for them, are established by normative acts; 17. congestion-the situation in which, when scheduling operation or operation in real time, the movement of powers between two nodes or system areas leads to non-compliance with safety parameters in the operation of an electropower system; 18. electricity supply contract-the contract under which the electricity supplier provides the customer or an amount of electricity over a certain period of time, but which does not include a derivative instrument electricity; 19. contract for processing-a contract by which a quantity of fuel belonging to an economic operator is processed into an energy production capacity belonging to a producer, in exchange for a quantity of electricity and with payment a processing tariff to the manufacturer; the conclusion of a processing contract is an exceptional situation from the other types of contracts and is carried out under transparent and non-discriminatory conditions, based on the ANRE regulations; 20. control over an economic operator-any rights, contracts or any other elements that, each in part or taken together and taking into account the factual or legal circumstances, confer the possibility to exert a determining influence on an economic operator, in particular by: a) property or use rights for all or part of the assets of an economic operator; ... b) rights or contracts which confer a decisive influence on the structure of the economic operator, vote or decisions of the governing bodies of an economic operator; ... 21. the electric line crossing lane-the land surface located along the power line and the airspace above it, in which restrictions are imposed from the point of view of the coexistence of the line with the natural elements, the objects, construction and installation thereof; the passageway shall include the protection zone and the safety zone; 22. electricity distribution-transmission of electricity through high voltage, medium voltage and low voltage distribution networks, with nominal line voltage up to 110 kV inclusive, in order to deliver it to customers, not including supply; 23. balance between production and consumption-coverage of predictable electricity demand, without the need to reduce consumption; 24. commercial exploitation of an energy capacity-all activities carried out by an economic operator in the electricity sector on the basis of a license granted under the present law; 25. supply of electricity-the activity of sale of electricity to customers, as well as the electricity supply of the consumer places owned by the supplier; 26. supplier-natural and/or legal person carrying out the activity of energy supply; 27. supplier of last resort-the supplier appointed by the competent authority to provide the universal service of supply under specific regulated conditions; 28. guarantee of origin-the electronic document issued by the competent authority to the electricity producers, which has the sole function of providing a final customer with proof that a share or quantity of energy given was produced from sources renewable times in high-efficiency cogeneration; 29. measurement group-the assembly consisting of the meter and the measuring transformers thereof, as well as all the intermediate elements constituting the electrical energy measurement circuits, including the securing elements; 30. commercially sensitive information-information the disclosure of which could restrict, prevent or distort competition in the electricity market and/or lead to the production of damage to market participants; 31. interconnection-the assembly of installations and equipment through which the connection of the electropower systems is realized; 32 32. financial instrument derived from the field of electricity-one of the financial instruments referred to in art. 2 2 para. ((1) pt. 11 lit. d), g) and h) of Law no. 297/2004 on the capital market, with subsequent amendments and completions, combinations thereof, as well as other instruments thus qualified by regulations of the National Securities Commission, hereinafter referred to as the NSC; 33. direct electrical line-the electric line connecting an energy production capacity isolated to an isolated customer or the electrical line connecting a manufacturer and an electricity supplier, for the purpose of direct feeding of their own premises, subsidiaries or their eligible customers; 34. Energy efficiency oriented management and demand satisfaction-approach, global or integrated, designed to influence the volume and programming of electricity consumption in order to decrease primary energy consumption and peaks of the task by giving priority to energy efficiency investments, interruptible electricity supply contracts, new investments to increase production capacity, if these are the most efficient and economic, given the positive impact of the economy of consumption on the environment, on the safety of electricity supply and on the distribution costs related thereto; 35. congestion management-the totality of the activities, programmes and actions undertaken by the transmission system operator and the system to eliminate congestion arising from the operation of the operation or the real-time operation of the NES; the elimination of congestion on interconnection lines by the default allocation of capacity, the transmission system operator shall cooperate with the electricity market operator; 36. competent ministry-Ministry of Energy, Small and Medium Enterprises and Business Environment; ---------- Item 36 of art. 3 3 has been amended by section 1 1 of art. 20 of EMERGENCY ORDINANCE no. 86 86 of 17 December 2014 , published in MONITORUL OFFICIAL no. 920 920 of 17 December 2014. 37. natural monopoly in the field of electricity-the market situation in which the transmission service and the electricity distribution service ensure, each in part, by a single economic operator for users on a delimited territory; 38. operator of the electricity market-a legal entity that ensures the organization and administration of centralized markets, with the exception of the balancing market, in order to wholesale electricity in the short, medium and long term; 39. distribution operator-any natural or legal person who owns, under any title, an electrical distribution network and who is responsible for the operation, maintenance and, if necessary, the development of the distribution network in a given area and, where appropriate, its interconnections with other systems, as well as ensuring the long-term capacity of the network to meet a reasonable level of electricity distribution demand; 40. transmission system operator-any legal person who owns, under any title, an electric transmission network and who is responsible for the operation, maintenance and, if necessary, the development of the transmission network in a given the area and, where applicable, its interconnection with other electro-energy systems, as well as ensuring the long-term capacity of the transmission network to cover reasonable requests for the transport of electricity; 41. affiliated economic operator-any other economic operator who, directly or indirectly, controls the specified economic operator, is controlled by it or is under joint control, together with this economic operator; 42. economic operator in the field of electricity-any natural or legal person carrying out at least one of the following activities: production, transport, distribution, supply or purchase of electricity and which has powers commercial, technical and/or maintenance related to these activities, but does not include final customers; 43. integrated economic operator horizontally-the economic operator who performs at least one of the following activities: production for the purpose of sale, transport, distribution or supply of electricity, as well as another activity that is not in the field of electricity; 44. vertically integrated economic operator-an economic operator or a group of economic operators in the field of electricity in which the same person or persons is/are entitled, directly or indirectly, to exercise control, and this economic operator or group of operators carries out at least one of the transport or distribution activities and at least one of the activities of production or supply of electricity; 45. order of economic priority-ranking of electricity supply sources according to economic criteria; 46. part responsible for balancing-licence holder assuming financial responsibility for the imbalances between the notified values and the measured values of electricity; 47. wholesale electricity market-organized electricity trading framework and associated services attended by electricity producers, transmission system operator, distribution system operator, operator the electricity market and wholesale customers; 48. the electricity market-the organizational framework in which electricity and associated services are traded; 49. centralized electricity market-the organized framework for the deployment of electricity transactions between various economic operators, brokered by the operator of the electricity market or by the transmission system operator, on the basis of specific rules approved by the competent authority; 50. the electricity retail market-the organized framework in which electricity is bought by end customers, in order to satisfy their own consumption from suppliers or manufacturers; 51. balancing market-centralized electricity market, organized and managed by the transmission and system operator, of electricity transactions between it, on the one hand, and electricity producers what exploits dispatchable production units, namely dispatching end customers, on the other hand, in order to ensure real-time balance between production and consumption; 52. the intraday electricity market-the centralized electricity market, organized and managed by the electricity market operator, which gives market participants the opportunity to improve their portfolio balancing for a day of delivery by transactions carried out in sessions carried out after the completion of the market transactions for the following day and before a certain period of commencement of delivery; 53. the Next Day Market (PZU)-the centralized electricity market, organized and managed by the electricity market operator for the sale and purchase of electricity on the day of delivery that follows immediately after the day of trading; 54. centralized market of bilateral contracts-organized framework, transparent, through public auction, of transactions with contracts with physical electricity delivery, on the basis of specific rules approved by the authority competence; 55. market for the allocation of international interconnection capacities-the centralized interconnection capacity allocation market of SEN, organized and managed by the transmission and system operator on the basis of specific rules, for the purpose carrying out import/export transactions and transit of electricity; 56. SEN defense plan against major disturbances-the document containing technical and organizational measures, with the role of preventing the expansion of disturbances in the system and limiting their consequences; 57. development plan-the long-term planning document of the investment needs in production, transport and distribution capacities, in order to cover the electricity demand of the system and to ensure deliveries to customers, under the applicable law; 58. the tendering procedure-the procedure by which the additional consumption requirements as well as the production capacities planned to be replaced are covered by the realization of new electricity generation capacities or by retrofitting existing ones; 59. producer of electricity-natural or legal person having as specific the activity of electricity production, including in cogeneration; 60. distributed generation-power generation plants connected to the distribution network; 61. rehabilitation-all operations carried out on equipment and/or energy installations which, without modification of the initial technology, restore their technical and efficient state at a level close to that had at the beginning the life span; 62. retrofitting-all operations to replace existing technologies, morally and/or physically, with modern technologies, in order to increase the efficiency of the activity, reduce specific energy consumption, reduce pollutant emissions etc.; 63. electrical grid-assembly of lines, including their supporting and protective elements, electrical substations and other electro-energy equipment connected to each other by which electricity is transmitted from an energy capacity of power generation to a user; the power grid may be transmission network or distribution network; 64. electric distribution network-the electrical grid with the nominal line voltage up to and including 110 kV; 65. electric network of public interest-the electricity network to which at least 2 users are connected; 66. electric transmission network-the power grid of national and strategic interest with the nominal line voltage of more than 110 kv; 67. electricity sector-all electricity generation activities, including the production of heat and electricity in cogeneration, transmission, distribution and electricity supply, for the supply of electricity system services, the import and export of electricity, natural exchanges and/or damage with the energy systems of the neighbouring countries, as well as their related installations; 68. distribution service-the service provided by the distribution operator which consists in ensuring the transmission, under conditions of efficiency and safety, of electricity between two or more points of the distribution network, in compliance with performance standards in force; 69. system service-the service provided by the transmission system operator and the system for maintaining the operational safety level of the power system, as well as the quality of electricity, according to the regulations in force; 69 69 ^ 1. public service-activity of general interest in the field of electricity, authorised and monitored by a public authority; ---------- Item 69 ^ 1 of art. 3 3 has been introduced by section 1 1 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 70. technological system service-the service provided, by manufacturers or final customers dispatches, at the request of the transmission and system operator for maintaining the operational safety level of the NES, as well as the quality electricity transported to the parameters set out in the rules in force; 71. transport service-the service provided by the transmission system operator which consists in ensuring the transmission, under conditions of efficiency and safety, of electricity between two or more points of the transmission network, with compliance with the performance standards in force; 72. universal service-electricity supply service guaranteed to domestic customers and non-domestic customers with a number of employees less than 50 and an annual turnover or a total value of assets from the balance sheet according to annual tax reports not exceeding EUR 10 million, at a level of quality and at reasonable, transparent, easily comparable and non-discriminatory prices; 73. the safety of electricity supply-ensuring the technical capacity of the national energy system to supply electricity to the users of this system, in compliance with the legislation in force; 74. the operational safety of the network-the continuous operation of the transmission network and, as the case may be, of the distribution network, in foreseeable circumstances; 75. electropower system-the whole of the interconnected electropower installations through which the production, transport, operative management, distribution, supply and use of electricity are carried out; 76. insulated electropower system-the local system of production, distribution, supply and use of electricity under the conditions provided by law, which is not interconnected with SEN; 77. national electropower system (NES)-the electropower system located on the national territory; SEN constitutes the basic infrastructure used jointly by the participants in the electricity market; 78. interconnected system-transmission and distribution systems related to each other by means of one or more interconnections; 79. performance standard for transport/distribution/electricity supply services-regulation issued by the competent authority for the establishment of performance indicators in the provision of the service of transport/distribution/supply of electricity; 79 79 ^ 1. Electricity trader-natural or legal person who buys and sells electricity exclusively on the wholesale electricity market or on import/export; ----------- Pct. 79 ^ 1 of art. 3 3 has been introduced by section 2 2 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 80. electricity transmission-electricity transmission through the interconnected electricity transmission network, for the purpose of transmitting electricity to final customers or to distributors, but not including supply; 81. electric network user-any natural or legal person whose installations are connected to an electropower system for the purpose of electricity supply in times of the transmission system, respectively of energy distribution electric; 82. protection zone-the area adjacent to the energy capacity, extended into space, in which prohibitions on the access of persons and the construction regime are introduced; 83. safety zone-area adjacent to energy capacities, extended to space, in which restrictions and prohibitions are established in order to ensure normal operation and to avoid the endangerment of persons, goods and the environment; Safety also includes the protection zone. + Chapter II Energy strategy and policy, authorities and powers + Article 4 Energy Strategy and Policy (1) The national energy strategy defines the objectives of the electricity sector in the medium and long term and the ways of achieving them, in order to ensure a sustainable development of the national economy. The energy strategy is developed by the relevant ministry and is approved by the Government, in consultation with non-governmental organizations, social partners and business representatives. ... (2) The energy policy, following the directions established by the energy strategy, is elaborated by the relevant ministry, on the basis of the Governance Program, for an average time frame and with consideration of likely long-term developments, with consultation of non-governmental organisations, social partners and representatives of the business environment, taking into account mainly: ... a) setting up the appropriate institutional framework by defining the bodies and authorities responsible for carrying out this policy; ... b) ensuring security in the supply of fuels and electricity; ... c) ensuring environmental protection, ecological reconstruction of sites affected by energy activities; ... d) transparency of prices and tariffs on fuels and energy; ... e) increasing efficiency in the use of fuels and energy; ... f) the development of renewable energy sources and high-efficiency cogeneration, with the granting of electricity supply priorities for isolated settlements; ... g) development of international energy cooperation, participation in regional markets and the European electricity market. ... ((3) The financing sources used for the implementation of the national energy strategy and the Government's policy in the energy sector shall be ensured from the own sources of economic operators in the field, state budget, local budgets, loans refundable and non-ref ... (4) State aid measures, proposed to ensure the application of the national energy strategy and the Government's policy in the electricity sector, as well as those provided for by this Law, will be approved and granted only under the law. ... + Article 5 Energy Programme (1) The energy policy shall be implemented in a programme comprising measures to stimulate investment, research and development, sustainable development, efficient recovery of energy resources, energy efficiency and other activities. in order to ensure the safety and security in operation of the NES, approved by Government decision. ... (2) The Government, the relevant ministry, the other specialized bodies of the central and local public administration shall take measures to achieve the objectives set out in the program provided in par. ((1) and shall examine, annually or whenever necessary, the stage of fulfilment of its provisions. ... (3) By Government decision, for reasons related to the safety of electricity supply, guaranteed access to power grids for electricity produced in power plants using fuels from production can be granted but only for annual quantities corresponding to a primary energy of not more than 15% of the total amount of equivalent fuel required to produce electricity for the final raw consumption of the country. ... + Article 6 *) Tasks of the relevant ministry The relevant ministry elaborates the national energy strategy and the energy policy and ensures its fulfillment, under the provisions of the present law, with the following main tasks: a) establish the appropriate institutional framework for the performance, in conditions of efficiency and competitiveness, of the activity of the companies subordinated to or the coordination of the ministry operating in the field of energy electric; ... b) develop programs and plans of measures for the implementation of the Government's policy in the electricity sector, including energy efficiency programs and promotion of renewable energy sources; ... c) develop draft normative acts for the electricity sector; ... d) ensure the development of studies on the basis of which the priorities for investments of strategic interest in the electricity sector are to be established; ... e) elaborates the program for the establishment of safety stocks on fuels and aims to achieve its provisions by economic operators; ... f) continuously pursues, through the institutions and authorities competent in this regard, the performance and quality of technologies and installations in the energy system and initiates measures in order to increase their level; ... g) has the status of contracting authority on concession in the electricity sector * *); ... h) takes measures for the realization of electricity production facilities that allow the use, under the conditions of economic efficiency, of lower fuels from internal resources, as well as the valorisation of pre-determined quantities of resources renewable and secondary energy; ... i) supervise the application and observance of the measures established for the protection of the environment by the participants in the activities in the electricity sector under the ministry ... j) elaborates programs on diversification of primary energy sources, proposing to the Government measures in this regard; ... k) implements the Government's energy policy, regarding the continuation of the promotion of cogeneration, as an efficient solution of covering national heat consumption and the use of renewable energy sources; ... l) coordinate cooperation actions with similar institutions in other countries, as well as with relevant international bodies; ... m) to monitor compliance with the commitments made by the Treaty of Accession to the European Union for the energy sector and coordinate the transposition and implementation of these commitments by the institutions concerned ... n) define the critical infrastructure of SEN; ... o) monitor the fulfilment of the measures taken for the compliance of installations in the energy sector, which have achieved the transition period following negotiations with the European Union, the rules laid down in environmental legislation; ... p) pursues and proposes, together with other institutions and authorities of the competent state in the field, mandatory measures for all economic operators in the electricity sector, regardless of the form of ownership, in connection with the realization the safety stocks of the NES with regard to the fuels for the cold season and the volume of water in the reservoirs, as well as any other measures concerning the level of safety and security in operation of the NES for approval by Government Decision; establishes penalties for non-compliance with these measures; ... q) promotes and facilitates, together with ANRE, cooperation between the electricity market operator, transmission system operators and their counterparts at regional level, including in terms of cross-border aspects, with the aim of creating a competitive internal electricity market. This cooperation covers the geographical areas defined in accordance with art. 12 12 para. ((3) of Regulation (EC) No 714/2009 this appropriation is intended to cover the expenditure of the European Parliament and of the Council of the European Parliament and of the Council. 1.228/2003, 1.228/2003, as well as other geographical areas; ... r) collaborates with the Ministry of Labour, Family and Social Protection, which has the responsibility of carrying out the national action plan in cases of energy poverty, defining critical situations and customers who cannot be disconnected in such situations, as well as how to recover the associated costs, by operators, on the basis of a specific procedure approved by Government decision, on the proposal of ANRE; ... s) take measures for the realization of electricity generation installations, which allow the use, in the conditions of economic efficiency, of lower fuels from internal resources, as well as the valorisation of renewable energy sources; ... s) repealed. ... ----------- Letter s) of art. 6 6 has been repealed by section 6.6. 3 3 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. ---------- + Article 7 Regulatory authority ((1) ANRE is organized and operates as an autonomous administrative authority, with legal personality. ... (2) The organization, operation, competences and powers of ANRE are established according to the law ... + Article 7 ^ 1 Compliance and relationships ((1) ANRE shall monitor the implementation of the rules on the roles and responsibilities of transmission system operators, distribution operators, suppliers, customers and other market participants, compliance with Regulation (EC) No 75/ 714/2009 714/2009. ... ((2) ANRE shall address the complaints against the transmission system operator and the distribution system operators regarding their obligations under this law, by issuing a decision within 60 days from the date of registration of the complaint, with the possibility of extension for another 60 days, if the authority needs additional data. This extended term may continue to be extended for a maximum of 60 days, with the consent of the complainant. The start of the complaint process by ANRE does not affect the right of applicants to address the courts for the settlement of the same complaints. Disputes between the transmission system operator and the transmission system owner shall be subject to the same procedure. ... (3) In order to settle the complaints provided in par. ((2) the alternative resolution procedure is also allowed, in accordance with the provisions of Directive 2013 /11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 2006/2004 and Directive 2009 /22/EC (Directive on ADR in Consumer Matter). ... (4) The relations of cooperation and exchange of information between ANRE and the Agency for the Cooperation of Energy Regulators, hereinafter referred to as ACER, and between ANRE and the other regulatory authorities of the European Union, shall be perform in compliance with the same level of confidentiality of information as required by the issuing authority. ... ((5) ANRE has the obligation to implement the rules on the roles and responsibilities of the transmission and system operators, distribution operators, suppliers, customers and other market participants, in the compliance with Regulation (EC) No 75/ 714/2009 714/2009. ... ((6) ANRE may request the opinion of ACER on the compliance of a decision taken by a regulatory authority with the guidelines referred to in Directive 2009 /72/EC or in Regulation (EC) No [...]. 714/2009 714/2009. ... ((7) ANRE may inform the European Commission, if it considers that a decision relevant to cross-border trade, taken by another regulatory authority, is not in line with the guidelines issued by the European Commission or the provisions of Regulation (EC) No 714/2009, within 60 days of the date of that decision, if there is sufficient information on such a situation. ... (8) ANRE shall comply, within 60 days, to a decision of the European Commission that requires the withdrawal/revocation of a decision of ANRE and informs the European Commission accordingly. ... (9) In the activity of monitoring the electricity market, ANRE publishes on its website quarterly reports on its operation. ... ------------ Article 7 ^ 1 has been introduced by item 1. 4 4 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Chapter III Authorisations, licences and concessions + Section 1 Authorisations and licences + Article 8 Activities subject to authorisation (1) The realization of new energy capacities, as well as the retrofitting of existing ones, is carried out on the basis of establishment permits, granted in compliance with the legal provisions in force ... (2) The production, transport, system service, distribution and supply of electricity, as well as the management activities of the centralized electricity markets are carried out on the basis of licenses granted under the present law. ... (3) The exercise of any activity without authorization or license shall be sanctioned according to this law. ... + Article 9 Authorisation procedure (. For authorization, the applicant shall register the application with the competent authority. ... (2) The applicant shall attach, upon request, the documents and documents proving his fulfilment of the economic, financial, technical and professional conditions established by categories of energy capacities and activities in the field. ... (3) Applicants who have as shareholders of control or as administrators persons who previously had the status of shareholder holder of the control or administrator within some economic operators, cannot be authorized. the licence which has not paid off the payment obligations resulting from the transactions made on the electricity market. ... ((4) Procedure for granting, modification, suspension and withdrawal of permits and licenses, terms and conditions of granting, consisting of: criteria, power limits, attestations, opinions, guarantees and the like, differentiated by categories of capacities and activities subject to authorization, shall be established by regulation approved by order of the President of ANRE. ... (5) The refusal to grant an authorization or license, the lack of answer within the deadline and any other solution of the competent authority, considered by the applicant illegal and injurious, can be appealed to the Bucharest Court of Appeal, administrative, under the law. ... (6) For distributed generation capacities and/or for small electricity producers, the approval criteria will take into account the limited dimensions of production capacities and the impact on the operation of power grids distribution. ... (7) When establishing the conditions for granting licences and authorisations for new production capacities, the following elements shall be taken into account: ... a) the safety and security of electrical systems, installations and associated equipment; ... b) protection of public health and safety; ... c) environmental protection; ... d) land occupation and choice of sites; ... e) use of public domain; ... f) energy efficiency; ... g) nature of primary sources; ... h) the characteristics specific to the applicant, such as: technical, economic and financial capacities; ... i) compliance with the measures adopted in relation to public service obligations and consumer protection; ... j) contribution to the creation of capacities for the achievement of the European global objective, according to which renewable energy represents 20% of the European Union's final gross energy consumption in 2020, the national objective of Romania being of 24%, according to art. 5 5 para. ((1) of Law no. 220/2008 for the establishment of the system for promoting the production of energy from renewable energy sources, republished, with subsequent amendments and completions; ... k) contribution to the creation of energy production capacities to reduce emissions; ... l) efficient and rational valorisation of energy raw material resources in accordance with Romania's strategic interest in sustainable development and safe and stable functioning of the SEN in order to achieve national energy independence. ... + Article 10 Categories of authorisations and licences (. The competent authority shall issue authorisations for the establishment of new energy power generation capacities, including electricity and heat generation capacities in cogeneration, or their retrofitting, as follows: ... a) if the installed capacity of that capacity exceeds 1 MW, it is necessary to obtain an authorisation to establish; ... b) if the installed electric power of the respective capacities is between 500 kW inclusive and 1 MW inclusive, it is not necessary to obtain a establishment authorization, but the notification of the competent authority on the investment project is mandatory and regular reporting of the stage of its implementation, according to the regulations in force ... c) if the installed electric power of the respective capacities is less than 500 kW, it is not necessary to obtain an establishment authorization, but the obligation to notify the competent authority on the investment project and the periodic reporting of the stage of its implementation, according to the regulations in force, are incumbent on the electricity distribution operators. ... (. The competent authority shall issue licences for: ... a) commercial exploitation of power generation capacities; ... b) commercial exploitation of thermal energy production capacities in cogeneration; ... c) the provision of the electricity transmission service; ... d) provision of the system service; ... e) the provision of the electricity distribution service; ... f) the management of centralised markets-a single licence is granted for the electricity market operator and one for the operator of the balancing market; ... g) electricity supply activity. ... h) the activity of the electricity trader. ... ----------- Lit. h) a par. ((2) of art. 10 10 was introduced by section 4.2. 5 5 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (3) Establishment authorities for the realization of new capacities, provided in par. (1), shall be granted only if those capacities are located on/in real estate public/private property of the state or administrative-territorial units on the private property of the applicant for the establishment authorization or on properties held with another legal title. ... ((4) The licenses for the commercial exploitation of new energy capacities shall be granted if the new energy capacities are located on/in public or private property of the state or administrative-territorial units, on the private property of the licence applicant, on the private property of natural or legal persons or on/in buildings held with a legal title other than that of property. ... (5) The commercial exploitation of energy capacities may be carried out without a licence for the activities referred to in: ... a) para. ((2) lit. a), by the holder of electric power generation capacities that can be started without tension from SEN, groups with autopording and which are used by him for the purpose of food safety, with electricity, of equipment or own facilities; ... b) para. ((2) lit. a) and b), by the household customer of electricity generation capacities, respectively electric and thermal in cogeneration, connected to the grid, with electric power less than 100 kW; ... c) para. ((2) lit. b), by a producer of electricity and heat in cogeneration, if from the total energy produced annually the heat energy produced in cogeneration, which it sells, represents less than 20%; ... d) para. ((2) lit. e), by the holder of an electrical distribution network, if from the issued connection technical notices it follows that the approved power for the users of this/these networks, other than the holder, totals less than 1 MW; ... e) para. ((2) lit. e), by the holder of an electric distribution network, if the users of this/these networks hold consumption places exclusively inside a/some buildings supplied by means of that/those networks. ... (6) The activity of a natural or legal person to resale electricity to the users of the electrical networks in operation is carried out without the supply license provided in par. ((2) lit. g), in compliance with the specific regulations, approved by the competent authority. ... (7) In order to market the electricity obtained from a processing contract, the economic operator part of such a contract must have the supply license provided in par. ((2) lit. g). ... ((8) Authorisations and licences shall be amended in the event of changing circumstances or conditions at the time of granting them. ... + Article 11 Suspension and withdrawal of authorisations and licences (1) In case of non-fulfilment by the holder of the establishment authorization, respectively of the license of his legal obligations, as well as in case of non-compliance with the conditionings, limitations, restrictions, prohibitions or tasks established by authorization, respectively by license, found by the competent authority ex officio or upon referral to third parties or upon notification by the holder, the competent authority shall proceed as follows: ... a) if the failure or non-compliance with the obligations is not attributable to the holder, it shall have: ... -a compliance deadline, if the situation is remediable; -the withdrawal of the authorization, namely the license, if the situation is irremediable; b) if the failure or non-compliance is attributable to the holder, he shall have: ... -the suspension of the authorization, respectively of the license, for a period fixed to remedy the situation created and for compliance with the authorization, respectively with the license, if the situation created is remediable; -the withdrawal of the authorization, namely the license, if the situation is irremediable. (2) The competent authority will withdraw the authorization of establishment, namely the license, in case of decay, incapacity or bankruptcy of the holder, as well as at the termination of the concession or the location of the energy capacity or at the sale of the capacity by the holder. ... + Article 12 Rights and obligations arising from the authorisation for establishment and licences (1) The work on the achievement and retrofitting of the energy capacities for which permits are granted, and the activities and services for which licences are granted, as the case may be, shall be of public interest, with the exception of those intended for solely to satisfy the authorisation holder's own consumption or licence. ... ((2) On land and property public or private property of other natural or legal persons and on activities carried out by natural or legal persons in the vicinity of energy capacity, limitations of the right of property in favour of holders of the authorizations for establishment and licences benefiting from: ... a) the right of use for the execution of the works necessary for the realization, relocation, retrofitting or abolition of the energy capacity, object of the authorization; ... b) the right of use to ensure the normal functioning of the capacity, object of the establishment authorization, for the necessary revisions, repairs and interventions; ... c) subsurface, surface or air passage servitude for the installation/abolition of electrical networks or other equipment related to the energy capacity and for access to their location, under the law; ... d) the right to obtain the restriction or termination of activities that could endanger persons and property; ... e) the right of access to public utilities. ... (3) The rights of use and servitude have as their object the public utility, have a legal character, and their content is provided in art. 14 and shall be exercised without registration in the Land Registry for the duration of the existence of the energy capacity or, temporarily, on the occasion of the retrofitting of a capacity in operation, repair, revision, intervention works in case of damage. ... (4) The exercise of the rights of use and servitude on the properties of the state and of the administrative-territorial units affected by the energy capacities shall be carried out free of charge, throughout their existence. ... (5) The exercise of rights of use and servitude on private properties affected by energy capacities, which will be carried out after the entry into force of this law, shall be made in accordance with the procedural rules on conditions and the terms of reference to the duration, content and limits for the exercise of those rights, provided for in a framework agreement, and for determining the amount of allowances, compensation and the payment of such rights, which shall be approved, together with the framework convention, by Government decision, at the proposal of the relevant ministry. ... (6) The owners of the land affected by the exercise of rights of use and servitude by the holders of licenses and authorizations may request the conclusion of conventions, according to the provisions of par. ((5). ... (7) Benefit from allowances and damages respectively and landowners affected by the exercise of rights of use and servitude by license holders and authorizations that on the date of entry into force of this law have ongoing conventions on the exercise of these rights concluded under the law. ... (8) The holders of licences and authorizations shall be obliged to conclude the framework agreements referred to in paragraph 1. (5), within a maximum of 30 days from the request of the affected owners. ... (9) If, on the occasion of the intervention for retrofitting, repairs, revisions or damage, damage is caused to the owners in the vicinity of the energy capacities, the license holders have the obligation to pay compensation, under the conditions of this law. ... (10) Land owners and holders of activities affected by the exercise by the license holders and authorizations of the rights provided in par. (2) will be compensated for the damage caused to them. The following criteria will be considered when calculating the compensation: ... -the area of land affected during the works; -the types of crops and plantations, as well as the works affected by the works; -restricted activities during the works. The amount of the compensation shall be determined by the agreement of the parties or, if the parties do not understand, by judicial decision. (11) The right of use and servitude on privately owned land, restriction or termination of some activities provided in par. ((2) shall be established and exercised in compliance with the principle of equity, ownership and the minimum impairment thereof. ... (12) The holders of authorizations and licenses are entitled to carry out the vegetation grubbing works or modeling cuts for the creation and maintenance of the approach distance from the electrical networks with specialized personnel, respecting the provisions legal in force. ... ((13) Abrogat. ... ---------- Alin. ((13) of art. 12 12 has been repealed by section 6.6. 6 6 of para. ((1) art. 502 of LAW no. 227 227 of 8 September 2015 , published in MONITORUL OFFICIAL no. 688 688 of 10 September 2015. + Article 13 Obligations arising from establishment and licensing authorisations (. The holder of the establishment authorisation shall have the following obligations: ... a) establish and apply, for the entire duration of the execution of works, the measures for the protection of persons, goods and the environment; ... b) obtain all the opinions, agreements and attestations provided by law to achieve the authorized objective. ... (. During the period of validity of licences, licence holders shall be obliged to: ... a) comply with the conditions accompanying the license; ... b) in the case of economic operators in the field of electricity, they must organize the accounting records using separate accounts for each of the transport and distribution activities, as they would be required to do if those activities would be carried out by separate economic operators so as to allow the exact coverage of the revenue and expenditure related to each activity, in order to avoid discrimination and cross-subsidies and distortion of competition, as well as to encourage competition; they also keep records separate accounting, which can be consolidated, for other activities in the electricity sector, as well as for other activities outside the electricity sector; the revenue resulting from the ownership of the transmission network or the distribution must be specified separately in revenue analytic accounts; the internal accounting records shall include a balance sheet and a profit and loss account for each activity; ... ----------- Lit. b) a par. ((2) of art. 13 13 has been amended by section 4.2 6 6 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. c) to constitute and maintain financial guarantees that allow them to carry out the activity and ensure the continuity of the service; ... d) make available to the competent authority the information necessary for the smooth operation of its activity; ... e) to draw up, submit for auditing and publish their annual accounts at company level, without distinctly comprising secondary offices without legal personality, in accordance with the specific legislation, adopted in the compliance with the Fourth Council Directive 78 /660/EEC of 25 July 1978. ... ((. Economic operators who do not have the obligation to publish the annual accounts shall keep at their premises a copy thereof at the disposal of the public. ... (4) The audit activity referred to in par. ((2) lit. e) consists, in particular, of the verification of compliance with the obligation to avoid discrimination and cross-subsidies between activities carried out by the audited economic operator. ... + Article 14 Rights and obligations of holders of establishment and licence permits on third party property (1) The right of use on the land for the execution of the necessary works/relocations/dissolution or retrofitting of energy capacities shall extend for the duration necessary for the execution of the works. In the exercise of this right of use, the holder of the authorization of establishment/relocation/abolition or retrofitting, as the case may be, in compliance with the legal provisions, may: ... a) to store, on the land necessary for the execution of works, materials, equipment, machinery, installations; ... b) to abolish crops or plantations, constructions or other existing facilities or only to restrict them, to the extent strictly necessary for the execution of works for authorized capacity, under the law; ... c) to remove materials, to capture water, under the conditions provided by the legislation in force; ... d) to install machinery and to work with them, to place offices and site dwellings, with the prior consent of the owner; ... e) stop or restrict the activities of the owner, to the extent strictly necessary for the execution of works for authorized capacity, in compliance with the legal provisions in force. ... (2) The right of use provided in par. ((1) cease before the expiry of the duration established for the execution of works or before this term, at the time of the anticipated termination of the works or on the date of their cessation and the waiver of Any of these situations must be notified immediately to the owner. ... (3) The right of use on the land to ensure the normal functioning of the energy capacity extends throughout the duration of the operation of the capacity, and its exercise is done whenever necessary to ensure the normal functioning of the capacity. In exercising this right the licence holder may: ... a) to store materials, equipment, machinery, installations for maintenance, revisions, repairs and interventions necessary to ensure the normal functioning of the capacity; ... b) install machinery and work with them; ... c) to abolish or reduce crops, plantations or other existing facilities and to restrict the activities of the owner, to the extent and for the duration strictly necessary for the execution of maintenance, repair, overhaul or intervention operations for ensuring normal functioning of capacity, in compliance with the legislation in force. ... (4) The licence holder is obliged to notify in writing the owner of the goods or the provider of the activities which will be affected as a result of the works on energy capacities, except in cases of damage, in which case the owners are notified within the shortest time limit. ... (5) The holder of the license is obliged to pay the owners due compensation for the damage caused, to clear the land and to repeat it in the previous situation, in the shortest possible time. ... (6) The underground, surface or air crossing shall include the right of access and execution of works to the location of energy capacities on the occasion of the intervention for retrofitting, repair, overhaul and damage. ... (7) In order to avoid the endangerment of persons, goods or activities carried out in the area of execution of works of realization or retrofitting of energy capacities, as well as of revision or repair operations to the capacity in operation, the holder of the authorization or license has the right to obtain the restriction or cessation, for the duration of the works, of the activities carried out in the vicinity of other persons. In this case, the affected persons will be notified, in writing, about the start date, respectively of the completion of the works. ... (8) Upon termination of the rights provided in art. 12 12 para. (2), the holder of the establishment authorization, respectively the holder of the license, shall ensure the clearance of the land and its reinstatement in the original ... (9) The right of access to public utilities, provided in art. 12 12 para. ((2) lit. e), must be exercised by the holder of the authorization or license in good faith and reasonably, without prejudice to the access of other persons to those public utilities. ... + Article 15 Protection zones and safety zones (1) For the protection and normal functioning of energy capacities and their Annexes, and in order to avoid the endangerment of persons, goods and the environment, protection and safety zones shall be established. ... (. The protection and safety zones shall be determined for each capacity, in accordance with the technical rules developed by the competent authority. ... ((3) On land owned by third parties, contained in the protection and safety zones, it shall be established as legal servitude. ... + Article 16 Public service obligations (1) The holders of the establishment and licensing authorisations are required to carry out their activities in compliance with the public service obligations relating to the safety, quality and price of the electricity supplied, the continuity of supply, energy efficiency, in compliance with the safety and health standards of work and environmental protection, as well as the provisions of direct contracts with consumers. ... (2) Public service obligations may be established by Government decision or by regulations of ANRE, in which case the European Commission is notified by ANRE, by licenses or authorizations of establishment, for each activity in the sector Electricity. ... + Article 17 Expropriation (1) The land necessary for the establishment and operation of the energy capacity is either private property of a third party or the holder of the authorization or public property. ... (2) If the land required for the establishment and operation of the energy capacity is private property of a third party, the applicant for the establishment authorization has as its first option the purchase of the land from the owner or to initiate the expropriation of the land for the cause of public utility, with the compensation of the owner, under the law, and to obtain its concession, during the existence of the energy capacity. ... + Section 2 Procedures for new energy production capacities + Article 18 Tendering procedure and other procedures ((. Where, following the authorisation procedure, the production capacities that are being constructed or the measures taken on the line of energy efficiency-oriented management and the satisfaction of the application are not sufficient to guarantee safety supply for domestic consumption, the relevant ministry may initiate a tendering procedure or any other similar procedure for the award of a contract, under conditions of transparency and non-discrimination, on the basis of published criteria, whereby invite new economic operators or pre-existing production licence holders to provides for the realization of new electricity generation capacities. ... (2) Under the conditions of paragraph (1) and in order to ensure the protection of the environment and the promotion of new technologies, the relevant ministry may initiate a tender procedure on the realization of new electricity production capacities. This procedure can relate to new capacities or management resources geared towards energy efficiency and meeting demand. ... (3) The successful bidder will be granted the authorization to set up and license, according to the provisions of section 1 of this chapter. ... (4) The procedure for conducting the tender for new production capacities, as well as the list of criteria underlying the selection of tenders and the award of the contract shall be approved by Government decision, at the proposal of the relevant ministry. ... (5) The procedure provided in par. (4) the following principles shall be drawn up: ... a) information on the tendering procedure for production capacities and energy efficiency measures and the satisfaction of the application shall be published in the Official Journal of the European Union, at least 6 months before the final deadline for submission tenders; ... b) the specification shall be made available to any interested economic operator at its request; ... c) the specification contains the detailed description of the specifications of the contract and the procedure to be followed by all bidders, as well as the complete list of the criteria determining the selection of tenderers and the award of the contract, including incentives, such as subsidies, which are covered by the offer; ... d) for invitations to participate in the tendering procedure referring to the production capacity predicted to be necessary, the tenders for the supply of electricity with long-term guarantees, proposed by the existing production units, provided that they allow additional needs to be covered. ... (6) The organisation, monitoring and control of the tendering procedure shall be carried out by the transmission system operator. ... + Article 19 Concession. Object of the concession and contracting authority (1) Public or private property of the state, activities and public services of national interest in the field of electricity may be the subject of an energy concession. ... (2) The quality of contracting authority has the relevant ministry for public or private property of the state or for public activities or services of national interest *). ... (3) The general framework on the legal regime of concession contracts, the procedures for granting concessions and the framework content of the specification are drawn up by the contracting authority, in accordance with the provisions of the law, and is approved by Government decision. ... ((4) Abrogat. ... -------- Alin. ((4) of art. 19 19 was repealed by lit. a) a art. VI of LAW no. 117 117 of 11 July 2014 , published in MONITORUL OFFICIAL no. 527 527 of 16 July 2014. (5) The conditions for granting, maintaining, suspending and withdrawing the concession shall be established by the concession contract concluded by the contracting authority and approved in accordance with the provisions of this law. ... + Chapter IV Electricity + Article 20 Electricity market (1) The electricity market is composed of the regulated market and the competitive market and the energy transactions are wholesale or retail. ... (2) The increase in the share of the competitive market is achieved gradually, by ensuring access to this market for as many participants, manufacturers, suppliers and final customers as possible, in accordance with the provisions of art. 23. ... (3) The dispute resolution commission shall be established as a body which resolves disputes in the wholesale and retail market between participants in the electricity market. ... (4) The dispute resolution commission consists of 5 members, who are appointed by decision of the President of ANRE for a period of 3 years, between ANRE specialists aged at least 8 years in the electricity sector. ... (5) The dispute resolution commission shall carry out its activity on the basis of a regulation of organization and functioning, approved by decision of the President of ANRE, after public consultation. ... + Article 21 Participants in the electricity market ((1) The participants in the electricity market must comply with the rules of its operation, provided by orders, decisions and favourable opinions issued by the competent authority and make payments for electricity and services of that benefit, resulting from transactions carried out in accordance with these rules, at the due dates provided for in contracts concluded between the parties. ... (2) The participants in the electricity market and the associated operational structures are: the manufacturer, the transmission system operator, the electricity market operator, the distribution operator, the supplier, the electricity trader and end customer. ... ----------- Alin. ((2) of art. 21 21 has been amended by section 7 7 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (3) Market participants are obliged to assume financial responsibility for the payment of the imbalances they generate on the electricity market, except for the imbalances for which social and redistribution rules apply. determined by the competent authority or explicitly provided by the legislation in force, to comply with the provisions of the licences and regulations issued by the competent authority Payment obligations will be paid within a maximum of one month after the end of the trading month, based on the measured electricity quantities measured. ... ((4) Customers have the obligation to pay the value of the electricity bills and for the services they benefit from, at the due dates provided for in the contracts concluded between the parties, as well as the establishment of financial guarantees in order to to avoid non-payment risks in the electricity market. ... ((5) The participants in the electricity market must notify the transmission system operator and the system of imports, exports and transits on trading intervals, with external partners, on each border. ... ((6) The participants in the electricity market must notify the transmission system operator and the system of all the quantities contracted net of each other. ... ((7) The participants in the electricity market have the obligation to transmit to the electricity market operator and to balance information on the quantities of electricity traded on energy sales contracts Electrical completed ... + Article 22 Functioning of the regulated electricity market (1) The supply of electricity under the regulated conditions is carried out to ensure the electricity supply to the customers referred to in art. 55 55 para. ((1) until December 31, 2013 for non-domestic customers, respectively until December 31, 2017 for domestic customers. ... (. On the regulated market, the competent authority shall be entitled: ... a) impose public service obligations on manufacturers, transmission and system operator, distribution operators and suppliers of last resort to ensure the electricity supply of customers referred to in art. 55 55 para. (1), according to art. 16 16; ... b) to impose on suppliers of last resort transparent procedures for the purchase of electricity from the competitive market for customers referred to in art. 55 55 para. ((1); ... c) approve and publish the prices and quantities of the contracts concluded between the producers and the suppliers of the customers referred to in art. 55 55 para. ((1); ... d) to approve and publish the tariffs applied by the suppliers of last resort of electricity to the customers referred to in art. 55 55 para. (1) until the elimination of regulated tariffs according to par. ((1); ... e) to approve methodologies for monitoring expenses with the purchase of electricity according to lit. b); ... f) to endorse and publish the prices proposed by the suppliers of last resort for electricity provided to the customers referred to in art. 55 55 para. (1), after the elimination of regulated tariffs. ... ((3) In order to ensure the operational safety of the NES, the competent authority may approve the prices and quantities of the contracts for the acquisition and delivery of the system technology services. ... (4) Supply of electricity to customers referred to in art. 55 55 para. (1) under the conditions of paragraph (1) shall be made on the basis of regulated contracts. ... (5) The competent authority will continuously monitor the effect of the regulated market on the competitive electricity market and take the necessary measures to avoid possible distortions and increase the transparency of the commercial transactions. ... (6) The competent authority will organize, in the monitoring action, a detailed annual evaluation process of the operation of the electricity market, under the conditions of phasing out the regulated tariffs for non-domestic customers referred to in art. 55 55 para. ((1) lit. a), in which the following general indicators will be used, at least: ... a) the number of suppliers active in the electricity market every year; ... b) the market share of each of the active suppliers; ... c) the economic and financial capability of the active suppliers and their behavior in the market; ... d) the evolution of the annual number of changes in the energy supplier by category of customers; ... e) level and evolution of prices in the market ... f) the degree of information of final customers on the electricity market; ... g) facilities granted to vulnerable customers and their number; ... h) the number of customers who benefit from universal service under the present law; ... i) the degree of transparency of information in the energy market. ... (7) Based on the monitoring process provided in par. ((5) and (6), ANRE draws up a report every 2 years, regarding regulated prices as public service obligations and their impact on the electricity market. ... (8) The timetable for the phasing-out of regulated prices for end-customers, as of 1 September 2012 for non-domestic customers, respectively on 1 July 2013 for domestic customers, shall be established taking into account possible negative effects of eliminating regulated prices, so that they are as little felt by customers as possible. ... + Article 23 Functioning of the competitive market (1) Transactions with electricity shall be carried out on the competitive market, in a transparent, public, centralized and non-discriminatory manner. ... (2) On the competitive market, commercial transactions are made wholesale or retail, according to ANRE regulations, and prices are formed on the basis of supply and demand, as a result of competitive mechanisms. ... (3) In the competitive electricity market, the transmission system operator may acquire system technology services. ... (4) On the competitive retail market, suppliers sell electricity to final customers through bilateral contracts, at negotiated prices or established by offering-type. ... (5) The relevant data such as duration, delivery and settlement rules, quantity, execution time, transaction prices, means of identification of the wholesale customer, with regard to all transactions in the supply contracts electricity and electricity derivatives concluded with wholesale customers and transmission and system operators shall be kept by suppliers for at least 5 years and shall be made available to ANRE, the European Commission and the other competent national authorities, at their request. ... (6) The obligation to keep data on transactions in derivatives shall apply in accordance with the provisions of the guidelines published by the European Commission. ... (7) The data provided in par. (6) may be published by ANRE, in compliance with the law. ... (8) On the competitive market, ANRE has the right to suspend the functioning of the competitive market, in case of application of art. 24. ... (9) The provisions of paragraph (8) shall be applied on the basis of a regulation approved by order of the President of ANRE, published in the Official Gazette of Romania, Part I, within 6 months from the entry into force of this Law. ... + Article 24 Safeguard measures ((1) In the event of unexpected crisis situations in the energy market and where physical safety is threatened, or the security of persons, appliances or installations or the integrity of the system, the transmission system operator and the system operator proposes to ANRE and the relevant ministry the adoption of safety measures. ... (2) The measures referred to in paragraph ((1) must affect as little as possible the proper functioning of the European internal market and should be strictly limited to the remediation of the crisis situation that has generated them. ... (3) Implementation of the measures provided for in par. (1) is made by Government decision, initiated by the relevant ministry. ... (4) The competent authority shall notify, as a matter of urgency, to the other Member States of the European Union and to the European Commission the safety measures adopted in each case. ... (5) Within 3 months from the entry into force of this law, the transmission system operator shall draw up and propose for approval, by order of the head of the competent authority, a set of technical and commercial regulations regarding the the measures provided in par. ((1). ... + Article 25 Access to the power grid (1) The license holder and the final customer shall have regulated access to the power networks of public interest. Access to electricity networks of public interest is a mandatory service, under regulated conditions, which the transmission system operator and the distribution system operator must meet. ... ((2) Access to the network may be restricted only if the connection affects the safety of the NES, by non-compliance with the technical rules and performance standards laid down in the technical regulations in force or where the carrier or distribution does not have the necessary capabilities. The refusal must be duly justified and justified on objective criteria, from a technical and economic point of view, in accordance with the rules of the competent authority. ... ((. Disputes regarding access to the power grid shall be settled by the competent authority by issuing a binding decision for the parties within two months of receipt of the complaint or complaint. ... (4) The realization of direct power lines and access to them shall be governed by the competent authority. ... (5) The tariff for access to the electricity network of public interest is regulated. ... (6) Manufacturers and suppliers of electricity may supply their own premises, subsidiaries or eligible customers by means of direct lines. ... ((7) Food by means of a direct line according to par. ((6) is subject to the absence of a reasonable economic and technical offer for access to the electricity network of public interest. ... (8) The realization of direct power lines is done in compliance with the technical and safety norms contained in the technical regulations in force. ... ((9) Food through a direct line must ensure the fulfilment of the conditions for the protection of consumers provided for by this Law. ... (10) The holder of a direct line shall be obliged to provide access to the direct line, according to the regulations of the competent authority ... (11) The interconnection capacities financed by private commercial investments shall be achieved without prejudice to the provisions of Regulation (EC) No [...]. 714/2009 714/2009. ... ((12) Decisions on the realisation of investments related to interconnection capacities shall be taken following a joint analysis by the transmission system operators concerned. ... (13) The steps and procedures necessary for the connection of users to transmission and distribution networks shall be established by the regulation for the connection of users to networks of public interest, approved by ANRE. ... + Article 26 The connection contract (1) At the written request of a network user, new or pre-existing, the transmission system operator or distribution system operator, as the case may be, is obliged to communicate, in writing, within 30 days, the technical-economic conditions of connection to network and collaborate with the applicant for choosing the most advantageous connection solution. ... (. The connection contract shall be concluded in accordance with the regulations issued by the competent authority. ... (3) The transmission system operator or the distribution system operator shall have the right to refuse to an applicant the updating of the connection notice and/or the conclusion of a new transport or distribution contract for a pre-existing consumption place, in the situation in which for that place of consumption there is an ongoing electricity supply contract concluded with another end customer. ... (4) When establishing the patrimonial delimitation point of the installations of the network operator and its user shall be considered: ... a) type of installation: transport, distribution or use; ... b) land ownership limit, so that the electrical networks located on the public domain are usually owned by the network operator and to avoid as much as possible the location of the network operator's facilities on the property user; ... c) the connection, in perspective, of new users to the connection plant. ... + Article 27 Production of electricity (1) The production of electricity and the production of electricity and heat in cogeneration are carried out by economic operators who own electricity production units, under the conditions of this law. ... (2) Electricity producers may benefit from guaranteed access or priority access to electricity networks, according to the ANRE regulations in force. ... + Article 28 Producer obligations The producers mainly have the following obligations: a) to provide electricity supplies and system technological services, in compliance with the conditions imposed by licenses, contractual clauses and regulations in force; ... b) in the case of dispatchable units to offer all available electricity on the balancing market, defined in accordance with the regulations issued by the competent authority; ... c) to offer publicly and non-discriminatorily on the competitive market the entire electricity available; ... d) to offer non-discriminatory system technological services; ... e) not to transmit to the transmission system operator physical notifications in negative imbalance compared to the contracts they have concluded, with the exception of producers benefiting from support schemes, according to the provisions of this title; ... f) maintain a supply of fuel at a sufficient level or, as the case may be, a sufficient supply of water, in order to meet the obligations of production and continuous supply of electricity, provided for by the regulations in force; ... g) to comply with the requirements of the transmission system operator and to establish, where appropriate, the operational management steps; ... h) to transmit to the competent authority an annual activity report, according to the regulations in force, even if it does not have a production license or the capacities are transferred to another economic operator. ... + Article 29 Producer rights (1) Electricity producers mainly have the following rights: ... a) have access to electricity networks of public interest, under the conditions of this title; ... b) obtain, under the law, the passageway for their own power lines; ... c) to trade electricity and system technological services on the regulated and competitive market in a transparent and non-discriminatory manner; ... d) establish and maintain its own telecommunications system for the connection with its production capacities, with its customers or with the operating steps; ... e) to market the thermal energy produced in cogeneration; ... f) access the support schemes established at national level. ... (2) Without jeopardizing the operational safety of SEN, electricity producers can offer on the European internal market technological system services according to ANRE regulations, with the opinion of the transport and system operator. ... + Article 30 Electricity transmission (1) The transport activity of electricity is a public service of national interest. ... (2) The transport of electricity is carried out by transport and system operators, legal entities certified by the competent authority, under the conditions of this law. ... (3) The electric electricity transmission network existing on the territory of Romania is the public property of the state for the concession assets to the National Electric Power Transport Company "Transelectrica"-S.A., as well as for return goods under the concession contract and legal provisions. ... (4) The land on which the electric transport network referred to in par. ((3) are and remain in the public property of the State for the duration of the network. ... ((5) The assets resulting from investments made from own sources or from sources attracted to the transmission system operator, during the concession, materialized in the developments, upgrades and retrofitting of the electric transmission network of the electricity referred to in paragraph 1. ((3), are part of the public property of the state. ... (6) The assets referred to in par. ((5) are considered tangible assets subject to depreciation, if by law it is not provided otherwise. ... (7) By way of derogation from the provisions of I subpct. 14 14 of the Annex to Law no. 213/1998 ... on public property, with subsequent amendments and completions, electric electricity transmission networks, made by economic operators who can certify themselves as transmission and system operators according to Art. 34 34 para. (2), have the legal regime of private property and can connect to the electricity transmission network provided in par. (3), under the public service conditions regulated by ANRE. *) ------------ Article 30 has been amended by section 6.6. 8 8 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 31 Certification of the transmission system operator ((1) Where the electric transmission network belonged to a vertically integrated economic operator on 3 September 2009, the transmission system operator managing this power grid shall be certified as a system operator. Independent of ... a) ANRE certifies the legal person regarding the fulfilment of the conditions provided in art. 34 34 para. ((1); ... b) to comply with the conditions laid down in art. 34 34 para. (1), (3) and (4), by decision of the Government, elaborated on the proposal of the relevant ministry, shall be designated the public entity that holds, on behalf of the state, the status of majority shareholder in economic operators carrying out production activities and supply, on the one hand, as well as the public entity holding, on behalf of the State, the status of majority shareholder in the transmission system operator, on the other; ... c) within 15 days from the adoption of the measures provided for in lett. b), the transport and system operator transmits to ANRE, with the opinion of the owner of the transport network, the request for certification accompanied by the justifying documentation regarding the fulfilment of the requirements 34 34 para. ((1); ... d) ANRE issues a preliminary certification decision within a maximum of 4 months from the date of registration of the request of the transmission and system operator notifying the European Commission, accompanied by the related documentation; ... e) the certification procedure of the transmission and system operator is completed according to the provisions of art. 3 of Regulation (EC) No 45/ 714/2009 714/2009; ... f) the appointment of the transmission system operator as an independent system operator is approved by the European Commission following the communication by ANRE of the certified economic operator, after the conclusion of the certification procedure according to lit. e). ... (. Where an economic operator owns an electricity transmission network, it shall act as a transmission system operator. The process of certifying it, namely those who meet the provisions of art. 97 97 para. (4) and fall within the definition of the transmission and system operator shall be carried out by ANRE, in compliance with the steps provided in par. ((1) lit. d) and e) and, respectively, the provisions of art. 34 34 para. ((2). ... (3) Together with the certification decision, the competent authority is obliged to notify the European Commission of any request for certification of the owner of the transmission network or of the transmission system operator, which is controlled by a person or persons in one or more third countries, and any circumstances as a result of which a person or persons from one or more third countries would acquire control over the transmission network or the carrier and the system, if applicable. ... (4) After the expiry of the 120-day period from the transmission of a request for certification from a transport and system operator, in the absence of a decision of ANRE, the certification shall be considered granted. The explicit or tacit certification becomes effective only after it is notified to the European Commission together with all the relevant information related and the procedure provided for in art. 3 of Regulation (EC) No 45/ 714/2009 714/2009. ... (5) The decisions of certification of a transmission and system operator issued by ANRE shall be published in the Official Gazette of Romania, Part I, and shall be notified to the European Commission. ... ((6) ANRE designates and notifies the European Commission the transmission system operator that owns a transport network, after the closure of the certification procedure according to par. ((2)-(5). ... ------------ Article 31 has been amended by section 6.6. 9 9 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 32 Certification of a transmission system operator that is controlled by third countries ((1) Prior to the certification of a transmission system operator which is controlled by a person or persons from one or more third countries, ANRE shall request an opinion from the European Commission that: ... a) that entity complies with the requirements of 34 34 para. ((1) and (2); ... ------------ Lit. a) a par. ((1) of art. 32 32 has been amended by section 4.2 10 10 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. b) the award of certification does not jeopardise the safety of the European Union's energy supply. ... ((2) Within 60 days of the issuance of the opinion by the European Commission, ANRE shall adopt and publish the final decision on certification together with the opinion, taking into account the highest degree thereof. If the European Commission does not deliver an opinion within two months of receipt of the request or within 120 days if it has requested an additional opinion, it may be considered that there are no objections to the decision. ANRE. ... ----------- Alin. ((2) of art. 32 32 has been amended by section 11 11 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (3) If the final decision of the ANRE differs from the opinion of the European Commission, the reasons for this decision shall be published. ... (4) ANRE refuses the certification provided in par. (1) in the following situations: ... a) the entity concerned does not meet the requirements of art. 34 34; ... b) the granting of certification may endanger the safety of electricity supply in the national or European Union territory. In examining this issue, ANRE shall take into account: ... ((i) the rights and obligations of the European Union vis-à-vis that third country under international law, including any agreement concluded with one or more third countries to which the European Union is a party and where matters are addressed related to the safety of energy supply; (ii) the rights and obligations of Romania vis-à-vis the third country under the agreements concluded with that third country, insofar as they comply with European law; and ((iii) other specific elements of the case and the third country involved. + Article 33 Reassessment of the certification of the transmission system operator (1) The transmission system operator shall notify ANRE any planned transaction that may require a reassessment of its compliance with the requirements of art. 34, as well as any circumstances under which a person or persons from one or more third countries may acquire control over the transmission system or the transmission system operator. ... ((2) ANRE may decide a reassessment of the fulfilment by the transmission and system operator of the requirements provided in art. 34 34 para. ((1)-(3): ... ----------- Part introd. a para. ((2) of art. 33 33 has been amended by section 4.2 12 12 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. a) ex officio; ... b) following the notification by the transmission and system operator under the conditions of par. ((1); ... c) at the reasoned request of the European Commission ... + Article 34 Conditions for certification of the transmission system operator ((. The certification of the transmission system operator which manages an electric transmission network, as an independent system operator, shall be carried out if the following requirements are met: ... a) the same person or persons does not have/are not entitled to: ... ((i) to exercise, directly or indirectly, control over an economic operator carrying out any of the production or supply activities and at the same time to exercise, directly or indirectly, the control or exercise of any right over the transmission system operator or a transmission network; or (ii) to exercise, directly or indirectly, the control of the transmission system operator or of a transmission network and to exercise, at the same time, directly or indirectly, the control or exercise of any right over an economic operator which carry out any of the production or supply activities; b) the same person or persons are not/are not empowered/empowered to appoint members to the supervisory board, to the board of directors or to other bodies representing the transmission and system operator in terms of legal in the case of a transmission system operator or in the case of a transmission network and also to exercise, directly or indirectly, its control to exercise any right over an economic operator carrying out any of the the production or supply activities; ... c) the same person is not empowered to be a member of the supervisory board, the board of directors or other bodies representing the economic operator legally, both in the case of an economic operator carrying out any of the production or supply activities, and in the case of a transmission system operator or in the case of a transmission network; ... d) the transmission system operator shall have the financial, technical, physical and human resources for the fulfilment of the obligations laid down in art. 36 36; ... e) the transmission system operator undertakes to comply with a 10-year transmission network development plan approved by the competent authority; ... f) the transmission system operator has the capacity to comply with its obligations under Regulation (EC) No [...] 714/2009 714/2009, including with regard to cooperation with other transport and system operators at European and regional level; ... g) the owner of the transport network meets the requirements of art. 37. ... (. The certification of the transmission system operator holding a transport network in the property shall be carried out if the following requirements are met: ... a) the same person or persons does not have/are not entitled to: ... ((i) to exercise, directly or indirectly, control over an economic operator carrying out any of the production or supply activities and at the same time to exercise, directly or indirectly, the control or exercise of any right over transport operator or a transport network; or (ii) to exercise, directly or indirectly, the control of the transmission system operator or of a transmission network and, at the same time, to exercise, directly or indirectly, the control or exercise of any right over an economic operator which carry out any of the production or supply activities; b) the same person or persons are not/are not empowered/empowered to appoint members to the supervisory board, to the board of directors or to other bodies representing the transmission and system operator in terms of legal, in the case of a transmission system operator or in the case of a transmission network, and also to exercise, directly or indirectly, its control to exercise any right over an economic operator carrying out any of the the production or supply activities; ... c) the same person is not empowered to be a member of the supervisory board, the board of directors or other bodies representing the economic operator legally, both in the case of an economic operator carrying out any of the production or supply activities, and in the case of a transmission system operator or in the case of a transmission network. ... (3) The rights provided in par. ((1) lit. a) and b) and in par. ((2) lit. a) and b) include, in particular: ... (i) the power to exercise voting rights; ((ii) the power to appoint members to the supervisory board, the board of directors or other bodies representing the economic operator legally; or (iii) holding a majority quota. (4) For the purposes of paragraph ((1) lit. a) and, respectively, par. ((2) lit. a), the term "economic operator carrying out production or energy supply activity" also includes natural gas production and supply activities, and the terms "transmission system operator" and "transmission network" include, and the terms used for the same purpose in the natural gas sector. ... ((5) If two different public bodies exercise control, on the one hand, on a transmission system operator or on a transmission network and, on the other hand, on an economic operator carrying out any of the activities of production or supply, then it is considered that the two bodies are not the same person or persons if the separation criteria provided for in par. ((1) or (2), as applicable. ... (6) Any transport and system operator certified on the territory of Romania under the law may be part of a joint venture, consisting of 2 or more economic operators holding transport networks and exercising the role of transmission system operator in two or more Member States, for the transport systems concerned. ... ---------- Article 34 has been amended by section 4. 13 13 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 35 Development plans (1) The transmission system operator has the obligation to develop investment and development plans for the 10-year transmission network, in line with the current state of play and the future evolution of energy consumption and sources, including imports and energy exports. ... (2) The development plans referred to in par. (1) contain the ways of financing and making investments on transport networks, with the consideration and plans for the arrangement and systematization of the territory covered by them, under the conditions of compliance with the protection rules of environment. ... (3) The plans provided in par. (1) is approved by ANRE. ... + Article 36 Obligations of the transmission system operator (1) The transmission system operator shall provide the public transport service for all users of the electric transmission networks, under non-discriminatory conditions, ensuring access to them to any applicant under the law and avoiding special discrimination in favour of related economic operators, in compliance with the rules and performance of the technical regulations in force. ... (. The transmission system operator may participate in the trading of electricity only in the following situations: ... a) to cover consumption in own electricity networks and in the places of consumption belonging to it; ... b) to maintain the production-consumption balance, through sales-purchase operations in the balancing market or through sales-purchase operations with other transport operators from neighboring countries, according to the regulations in force and norms ENTSO-E. ... c) to ensure the mechanisms for coupling the electricity markets to which Romania is a party; ... ---------- Lit. c) of art. 36 36 was introduced by section 4.2. 14 14 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. d) to compensate for unplanned exchanges with neighbouring electropower systems. ... ---------- Lit. d) of art. 36 36 was introduced by section 4.2. 14 14 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (3) The transport and system operator may carry out operations of sale-purchase of system technology services with the transmission system operators of the countries with which Romania has concluded agreements that facilitate the creation and development regional markets, with manufacturers or customers, according to the regulations issued by the competent authority. ... (4) Transactions with electricity and technological system services shall be carried out on the basis of transparent and non-discriminatory procedures, through competitive mechanisms, in accordance with the rules of the competent authority. ... (5) The transmission system operator shall provide the system service under non-discriminatory conditions for all SEN users, ensuring the operational management, in order to achieve the safety of operation, stability of frequency and voltage, continuity in supplying customers and coordinating electricity exchanges with other electropower systems. ... (6) The transmission system operator may hold shares in companies established in the national or other states, having as main activity the allocation of interconnection capacities and the verification of network safety at regional level, covering the territory of two or more states. ... (7) The transmission system operator shall, in particular, carry out the following activities: ... a) ensure the long-term capacity of the transmission network to meet reasonable demands for electricity transmission and exploit, maintain, rehabilitate and develop in economic conditions the transport network to ensure its safety, reliability and efficiency, in compliance with environmental protection rules; ... b) guarantee adequate means for the performance of public service obligations; ... c) contribute to the achievement of safety in the electricity supply, by ensuring adequate transport capacities and by maintaining their reliability; ... d) ensure the management of energy flows in the transmission network, taking into account exchanges of energy with other interconnected systems; ... e) acquires the system technology services and qualifies the dispatching manufacturers and customers providing system technology services, on the basis of an own procedure, approved by the competent authority; ... f) carry out the exchange of information with other transport and system operators interconnected and with other economic operators in the energy sector, in compliance with the ENTSO-E regulations on information exchange protocols, reports, the structure and procedures for access to databases; ... g) ensure the allocation of interconnection capacities, collect revenue resulting from congestion management and make payments under the compensation mechanism between transmission and system operators in accordance with art. 13 of Regulation (EC) No 45/ 714/2009, by granting and managing third party access and providing reasoned explanations when refusing such access, without abusing, in the event of sale or purchase of electricity by affiliated economic operators, by the information commercially sensitive obtained from third parties in the context of granting access to the network, under the supervision of ANRE; ... ---------- Lit. g) a par. ((7) of art. 36 36 has been amended by section 4.2 15 15 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. h) exploits, maintains and develops the installations for the measurement and metering of the electricity transfer through the transmission power grids and at the interface with the users of the transmission power grids belonging to it, the informatics and telecommunication from the SEN-related transmission power ... i) analyze and endorse the fulfilment of the technical connection conditions by the users of the electric transport networks, in accordance with the provisions of the technical regulations in force; ... j) ensure the transmission of the results of the electricity measurements to the electricity market operator in order to achieve the settlement of the balancing market transactions and the imbalances of the parties responsible for balancing, as well as the access of the beneficiaries of the transport service to the verification of ... k) performs operational planning and operational management of SEN at central and territorial level based on its own forecast, according to the legal regulations in force, giving priority to production facilities using renewable sources of energy or generating electricity in high-efficiency cogeneration, to the extent that the safe operation of the national electricity grid allows it; ... l) authorizes the personnel carrying out the operative management, according to the regulations in force ... m) collect, record and archive statistical data on the functioning of the NES; ... n) develop and submit to the approval of the competent authority the technical norms and specific regulations necessary for carrying out the operational management activity, in consultation with the participants in the electricity market; ... o) develop, under the law, the SEN defence plan against major disturbances; ... p) develop studies, programs and works on the development of SEN; ... q) develop and submit to the approval of the competent authority the rules on congestion management, including on interconnection capacities, as well as the rules for the attribution of interconnection capacities; ... r) organises and manages the electricity balancing market. ... s) prevents the discriminatory transfer of commercially sensitive information. ... ----------- Lit. s) a par. ((7) of art. 36 36 was introduced by section 4.2. 16 16 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. ((7 ^ 1) The transmission and system operator certified as an independent system operator shall be responsible for the operation, maintenance and development of the transmission network and for ensuring its long-term capacity to resolve reasonable requests through investment planning. With regard to the development of the transmission network, the independent system operator is responsible for the planning, including the authorisation procedure, the construction and commissioning of the new infrastructure. ----------- Alin. (7 ^ 1) of art. 36 36 has been introduced by section 17 17 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (8) In the event of a major damage which endangers the safety of the functioning of the NES, the transmission system operator may, for a limited period, have the use of the water reserve outside the accumulation schedules, with the obligation to announce competent authorities in water management. ... ((9) Restrictions in the supply of electricity in emergency situations must comply with predefined criteria for the management of imbalances by the transmission system operator. Any safety measure must be taken in close cooperation and in consultation with other transport and system operators involved, in compliance with the applicable bilateral contracts, including the information exchange agreements. ... (10) The transmission system operator shall publish the information on its own activities, necessary for network users, according to the ANRE regulations, in order to ensure efficient access to the network, effective competition and efficient functioning of the energy market, preserves the confidentiality of commercially sensitive information they have obtained during the course of business, including those obtained from third parties in the context of granting or the negotiation of access to the network, and does not disclose any sensitive information from the point of view commercial to the other parts of the economic operator, unless this is required for the conclusion of a trade transaction. ... ------------ Alin. ((10) of art. 36 36 has been amended by section 18 18 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. ((11) Expenditure on the modification of electricity transmission installations, as a result of the connection of new users or the change in the initial energy characteristics of existing users, including for the release of certain sites, are supported according to the regulations in force. ... (12) The transmission system operator shall allocate interconnection capacities on one or more borders with other economic operators, including those registered in the territory of a Member State of the European Union or of the Treaty of establishing the Energy Community, under the conditions of signing a memorandum of understanding between the parties, endorsed by ANRE. ... (13) The transmission and designated system operator shall develop and transmit to ANRE, for the approval and publication, specifications, characteristics and safety technical criteria, as well as the technical rules establishing the minimum design requirements and exploitation of equipment connecting to the energy system, in compliance with the applicable European legislation. These rules ensure the interoperability of systems and are objective and non-discriminatory. Before being approved by ANRE, the mentioned norms are notified to the European Commission, in accordance with the provisions Government Decision no. 1.016/2004 ... on measures for the organisation and exchange of information in the field of technical standards and regulations and of rules on information society services between Romania and the Member States of the Union European, as well as the European Commission, with subsequent amendments and completions. ----------- Alin. ((13) of art. 36 36 has been introduced by section 19 19 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (14) The transmission system operator shall be obliged to publish all costs related to the operation, maintenance and development of networks, in accordance with the regulations of ANRE. ... ----------- Alin. ((14) of art. 36 36 has been introduced by section 19 19 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 37 Tasks of the transmission network owner in the case of transmission and system operators managing an electric transmission network ----------- Denum. marginal of art. 37 37 has been amended by section 4.2 20 20 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. ((. In the case of transmission system operators managing an electric transmission network, the owner of the transmission network shall: ... a) cooperate with the transmission system operator in order to carry out its tasks, providing all relevant information to it, as well as to ANRE, which monitors the exchange of information between the carrier and system and owner; ... b) finances and/or gives its consent to the method of financing investments in the transmission network, established by the transmission system operator and approved in advance by ANRE, which has the obligation to carry out consultations both with he and the other interested parties; ... c) holds liability for the assets of the transmission network, with the exception of liability regarding the duties of the transmission system operator; ... d) provide guarantees on facilitating the financing of possible extensions of the network, with the exception of investments for which it has given its consent to be financed by any interested party, including the transmission system operator, according to Lit. b). ... ----------- Alin. ((1) of art. 37 37 has been amended by section 20 20 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (2) The Competition Council, in close cooperation with ANRE, is empowered with the necessary powers to effectively monitor compliance by the owner of the transmission network with its obligations, pursuant to par. ((1). ... (3) The owner of the transmission network is not responsible for granting and managing third party and n1 access to the planning of investments in the transport network. ... ----------- Alin. ((3) of art. 37 37 has been introduced by section 21 21 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 38 Separation of transmission network owner ((1) Where the owner of the transmission network is part of an integrated vertical economic operator, the owner of the transmission network shall be independent at least as regards its legal status, organisation and decision-making process. compared to other activities not related to the transport of electricity. ... (2) In order to ensure the independence of the owner of the transport network under the (1), the following minimum criteria shall apply: ... a) persons with management function within the owner of the transmission network may not be part of the structures of the integrated economic operator in the field of electricity which, directly or indirectly, is responsible for the daily management of activities for the production, distribution and supply of electricity; ... b) persons with management function within the owner of the transmission network shall act independently of any market interest in the performance of their duties; ... c) the owner of the transmission network establishes a compliance program, which contains the measures taken to guarantee the exclusion of discriminatory practices and also establishes the specific obligations imposed on employees to achieve the objective of independence; ... d) the owner of the transport network designates a person or body, called/called a compliance agent, to ensure adequate monitoring of compliance with the compliance program and which submits to ANRE, in December of each year, a report on the measures taken, which will be published on the transport and system operator's website. ... e) the owner of the transmission network and the transmission system operator and the remaining part of the economic operator referred to in par. ((1) does not use common services, with the exception of purely administrative or computer services; ... ----------- Lit. e) a par. ((2) of art. 38 38 was introduced by section 4.2. 22 22 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. f) the owner of the transmission network maintains the confidentiality of commercially sensitive information that he obtained during the course of his activities, prevents their discriminatory transfer and does not disclose any commercially sensitive information to the other parts of the economic operator, unless this is required for the purpose of concluding a trade transaction. ... ----------- Lit. f) a par. ((2) of art. 38 38 was introduced by section 4.2. 22 22 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (3) The owner of the transmission network shall submit for approval, to ANRE, all draft contracts to be concluded with the transmission system operator, including those related to the use of existing goods, as well as those made as a result of investments in the transport network. ... + Article 39 Reporting of physical electricity flows The transport and system operator is obliged, according to the ANRE regulations, to draw up, every 3 months, a report on the physical flows of electricity that have been carried out within the framework of imports of electricity from third countries The European Union during the last 3 months prior to the reporting date, which is transmitted to ANRE and the relevant ministry, in order to inform the European Commission + Article 40 Prohibition on the control of transmission system operators Economic operators who carry out any of the activities of production or supply of electricity shall be prohibited, directly or indirectly, from exercising control or exercising any right with regard to transport operators and separate system from other European Union states applying the provisions of art. 9 9 para. ((1) of Directive 2009 /72/EC. + Article 41 Prohibitions on the personnel of the Transport and System Operator (1) The transmission system operator which has been part of a vertically integrated economic operator, as well as the personnel of its framework, shall be prohibited from transferring commercially sensitive information to any economic operators in the electricity sector carrying out production or supply activities. ... ((2) Persons exercising within the transmission system operator and relevant functions under which they have had access to sensitive commercial information are required to maintain their confidentiality and cannot occupy similar functions in the the framework of economic operators in the field of production and/or supply of electricity, for a minimum period of 2 years from the date of termination of contractual relations with the transmission system operator, according to the clauses provided for and regulated in the individual employment contract. ... ----------- Article 41 has been amended by section 6.6. 23 23 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 42 Prohibitions For the protection of transport facilities, natural or legal persons are prohibited: a) to carry out constructions of any kind in the safety zone of the installations, without the site notice of the transmission system operator; ... b) to carry out excavations of any kind or to establish plantations in the safety zone of the electric transport networks, without the consent of the transmission and system operator; ... c) to store materials in the passing lanes and in the protection and safety zones of the installations, without the consent of the transmission system operator; ... d) dispose of objects of any kind on electric transport networks or intervene in any other way on them; ... e) to damage construction, restriction or identification and warning signs related to transport facilities; ... f) to limit or restrict, through the execution of fencing, by construction or by any other way, the access to installations of the transmission and system operator. ... + Article 43 Electricity market operator (1) The operator of the centralised electricity market is the licence holder legal entity which ensures the organisation and management of the centralised electricity markets, with the exception of the balancing market, for the purposes of trading electricity in the short, medium and long term, according to the regulations issued by the competent authority. ... (2) The operator of the electricity market is not allowed to disclose the information related to the electricity transactions he owns, obtained during his activity, other than under the law. ... (3) The prices established on the centralized electricity markets shall be made public according to the ANRE regulations. ... + Article 44 Distribution of electricity (1) The distribution of electricity is carried out by the distribution operator, the legal entity, the license holder. ... ((2) The distribution operators provide services for all users of the electricity distribution networks, under non-discriminatory conditions, ensuring access to them to any applicant who meets the requirements of this law, in compliance with the rules and performance standards laid down in the technical regulations in force. ... (3) The electrical distribution networks shall be delimited from the production facilities or the electrical transmission networks and those of the final customers in the patrimonial delimitation points. ... (4) The land on which the existing electricity distribution networks are located at the entry into force of this law are and remain in the public property of the state. ... (5) I take exception to the provisions of par. (4) the land for which the distribution operator, license holder, has acquired the right of ownership, under the law. ... (6) Electrical distribution networks develop on the basis of principles of economic efficiency, in compliance with plans for urbanism, ownership, environmental protection, health and life of persons and energy saving, according to technical and safety rules contained in the technical regulations in force. ... ((7) The expenses for the modification of electricity distribution facilities, as a result of the connection of new users or the change in the initial energy characteristics of existing users, including for the release of certain sites, are supported according to the regulations issued by the competent authority, based on objective criteria. ... (8) If the expenses referred to in par. (7) are borne by the customer, the resulting energy capacities will be taken over by the distribution operator, according to a methodology approved by ANRE, within 60 days from the date of entry into force of this law. ... (9) Until the date of entry into force of the regulations issued by the competent authority, the support of the expenses of modification of the installations shall be charged to the one who generated the modification ... (10) The distribution operator is obliged to provide a solution for the connection of all applicants to the network and to communicate the connection conditions, according to the regulations in force. ... + Article 44 ^ 1 Character of distribution activity The electricity distribution activity, with the exception of that achieved by the closed distribution systems, constitutes a public service of general interest. ----------- Article 44 ^ 1 has been introduced by item 24 24 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 45 Distribution Operator (. The distribution operator shall have the following main tasks: ... a) exploits, retrofits, rehabilitates and develops electrical distribution networks, in compliance with the technical regulations in force, under economic conditions, as well as in compliance with the legislation on environmental protection and promotion energy efficiency, so as to ensure the long-term capacity to meet reasonable requests for connection to the distribution network; ... ----------- Lit. a) a par. ((1) of art. 45 45 has been amended by section 4.2 25 25 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. b) ensure the transiting of electricity through electric distribution networks, at the request and with the information of the transmission system operator, for those areas of the country where there is not sufficient capacity through the transport networks, for the evacuation of power from power plants, including electric cogeneration plants, for the connection to the electropower system of a neighbouring country, under the conditions of a bilateral agreement in this regard, in the case of incidents in the NES and the execution of operation and maintenance work or new works in the networks of transport, which put in temporary unavailability the transport networks in the area; ... c) carry out works of development of electricity distribution networks, through consultation, as the case may be, with the transmission system operator, through economically optimal development programs, based on perspective studies and through specific modernization programs for installations, endorsed by ANRE, so that the distribution network is safe, reliable and efficient. ... ------------ Lit. c) a par. ((1) of art. 45 45 has been amended by section 4.2 25 25 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. d) provide operational management in accordance with the distribution license, giving priority in dispatching to production facilities that use renewable energy sources or those that produce electricity in high cogeneration efficiency, in so far as the safe operation of the national electricity grid allows it; ... e) disseminate, in a non-discriminatory manner, the information regarding its own activities, necessary for network users, not being allowed to disclose the confidential commercial information obtained during its activity; ... f) subject to the approval of the transmission system operator and the system of repairs and maintenance planned in installations with the nominal line voltage of 110 kV; ... g) monitor the operational safety of the distribution power grids, as well as the performance indicators of the distribution service. ... (2) For the purpose of carrying out the tasks provided in ((1), the distribution operator may interrupt the operation of the installations for the time strictly necessary for the planned maintenance and repair works, with the prior announcement of the users of the distribution power ... ((3) The distribution operator may participate in the wholesale electricity market only for transactions necessary to cover its own technological consumption related to distribution power grids and for its own consumption sites on the basis of transparent and non-discriminatory procedures, in compliance with the competitive mechanisms approved by the competent authority. ... (4) The tasks regarding the development of the distribution system provided in par. ((1) lit. a)-c) are not applicable to the operator of a closed distribution system. ... (5) The distribution operator has the obligation to perform the works of realization/retrofitting/rehabilitation/modernization of the electricity networks in order to increase the quality level of the electricity distribution service. For this purpose and for the adoption of technical solutions as efficient as possible, the technical equipment can be placed on the public domain, in intravilane areas in the underground or above-ground construction variants, without affecting public traffic, with compliance with the applicable technical regulations and the standardised technical conditions in force on the location of the publishing networks. ... (6) The situations existing on the date of entry into force of this law, contrary to the provisions of par. ((5), are settled by the distribution operator within 60 days from the date of receipt of a request in this regard from the entitled persons. ... + Article 46 Obligations of the distribution network owner (1) Any person who owns or in use an electric distribution network of their own on the date of entry into force of this Law shall be obliged to provide access to the network, according to the regulations of the competent authority. ... ((2) If the holder of the electricity distribution network is unable to provide the universal service for users connected to that network, the concessionary distribution operator, licence holder in the area where is the network, will take over this network after the payment of a fair compensation, with the ANRE opinion. ... ((. Where the distribution system is not owned by the distribution operator, the distribution network owner shall have the following obligations: ... a) cooperate with the distribution system operator for the performance of its tasks, providing all relevant information; ... b) cooperate with ANRE and the distribution operator when establishing investments in the distribution network, their financing modality, as well as the transfer of the distribution service to another license holder distribution operator; ... c) holds liability for the assets of the distribution network, with the exception of liability regarding the duties of the distribution operator ... d) facilitate the financing of possible extensions of the network, with the exception of investments for which it has given its consent to be financed by any interested party, including by the distribution operator. ... + Article 47 Limitation or interruption of supply (. The distribution operator shall be entitled to discontinue the power supply in the following situations: ... a) when life is endangered, people's health or the integrity of material goods; ... b) to prevent or limit the expansion of damage in the energy equipment, in areas of electrical grid or at the level of the entire SEN; ... c) for the execution of maneuvers or works that cannot be carried out without interruptions. ... (2) The distribution operator is obliged to notify the users affected by the planned outages, respectively their suppliers, in the manner established by the contracts and to communicate the planned duration for the interruptions necessary to execute some maintenance and repair works. ... (3) The distribution operator shall be liable for damage caused to users at fault. ... (4) The conditions under which, in exceptional circumstances, the supply of electricity to final customers may be limited or interrupted. ... + Article 48 Separation of distribution and supply activities (1) If the distribution operator is part of an integrated vertical economic operator, it must be independent at least as regards its legal form, organisation and decision-making, in relation to the other activities not related to distribution. This rule does not create an obligation to separate ownership of assets belonging to the distribution operator from the vertically integrated economic operator. ... (2) In addition to the requirements provided in par. ((1), if the distribution operator is part of an integrated vertical economic operator, it must be independent in its organisation and decision-making, in relation to the other activities which have not been link to distribution. To this end, the following minimum criteria must be applied: ... a) the persons responsible for the management of the distribution operator cannot participate in the structures of the vertically integrated economic operator directly or indirectly responsible for the daily operation of the production, transport or electricity supply; ... b) appropriate measures must be taken to ensure that the professional interests of the persons responsible for the management of the distribution controller are taken into account, in a manner likely to ensure the independence of the action of the ... c) the distribution operator has the right to take decisions, effectively, independently of the vertically integrated economic operator, with regard to the assets necessary for the operation, maintenance or development of the network. It is prohibited for the parent company to give any kind of instructions on the distribution activity or to take individual decisions that envisage the construction or rehabilitation of energy distribution capacities. The distribution system operator shall not exceed the conditions set out in the approved financial plan and shall not affect the rights of the economic and economic surveillance parent company and those for the supervision of the return on assets of a subsidiary, the right to approve the annual financial plan or any instrument equivalent to it, and the right to determine the general limits of the level of indebtedness of its subsidiary. The distribution operator is obliged to publish all costs regarding the operation, maintenance and development of the network, in accordance with the ANRE regulations; ... ------------ Lit. c) a par. ((2) of art. 48 48 has been amended by section 4.2 26 26 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. d) the distribution operator establishes a compliance program, which contains the measures taken to guarantee the exclusion of discriminatory practices and also establishes the specific obligations imposed on employees to achieve the objective of independence; ... e) the distribution operator designates a person or body, called a compliance agent, to ensure proper monitoring of compliance with the compliance program and which submits to ANRE, in December of each year, a report on the measures taken to be published on the website of the distribution operator. The distribution operator's compliance officer shall be completely independent and shall have access to all information of the distribution operator or of any related economic operator, which is required for the performance of its duties. ... (3) The vertically integrated economic operators, who provide services for less than 100,000 connected customers or serving small, isolated systems, do not have the obligation to implement the measures provided in par. ((1) and (2). ... (4) The distribution operator is obliged to maintain the confidentiality of the commercial information obtained during the course of its activity. ... (5) The distribution operator is obliged to prevent the discriminatory disclosure of information on its own activity, which may be commercially advantageous. ... (6) In order to fulfill the obligations provided in par. ((2) lit. c) the distribution system operator shall have at its disposal the necessary resources, including human, technical and financial resources. ... (7) In carrying out economic activity, including communication and advertising, the distribution operator is obliged not to create confusion about the separate identity from the economic operator performing the energy supply service power within the vertically integrated economic operator. ... ((8) ANRE monitors the activity of the distribution operator that is part of an integrated vertical economic operator, taking measures to avoid or eliminate possible practices that distort competition. ... + Article 49 Prohibitions For the protection of electricity distribution networks, natural and legal persons shall be prohibited: a) to carry out constructions of any kind in the safety zone of the distribution power networks, without the site notice of the distribution operator; ... b) to carry out excavations of any kind or to establish plantations in the safety zone of the distribution power networks, without the consent of the distribution operator; ... c) to store materials on the passageway and in the protection and safety zones of the installations, without the consent of the distribution operator; ... d) dispose of objects of any kind on electrical distribution networks or otherwise interfere with them; ... e) to damage construction, restriction or identification and warning inscriptions related to electrical distribution networks; ... f) to limit or restrict, through the execution of fencing, by construction or by any other way, the access to installations of the distribution operator. ... + Article 50 Closed distribution system (. The closed distribution system shall be that system by which electricity is distributed in a geographically limited industrial, commercial or service area, and which, without prejudice to the provisions of paragraph 1, shall be distributed to the distribution system. (4), does not supply domestic customers, if: ... a) for specific technical or security reasons, the activities or production process carried out by the users of that system shall be integrated; or ... b) the system distributes electricity, mainly to the owner of the distribution system, to its operator or to economic operators affiliated to them ... (. The operator of a closed distribution system shall not apply to: ... a) the obligation to buy the electricity necessary to cover its own technological consumption on the basis of transparent, non-discriminatory procedures under the conditions of art. 36 36 para. ((4); ... b) the obligation that the network connection charges or the methodologies underlying their calculation are approved before their entry into force. ... ((3) The tariffs for the distribution service from a closed distribution system or the methodologies underlying their calculation can also be approved and reviewed by ANRE, at the request of a user of the closed distribution system. ... (4) Provisions of para. ((2) applies also if in the area served by a closed distribution system are located domestic customers, only if their annual consumption is less than 5% of the annual consumption of the closed system and if they are in a report work or in a form of association with the owner of the distribution system. ... + Article 51 Electrification of localities and expansion of electricity distribution networks (1) In the performance of the concession contract, at the request of the local or central public administration authorities, on the basis of regional development and urban planning plans, the distribution operator shall be obliged to ensure the development and financing the distribution network for the electrification of the localities or for the extension of the distribution networks in the area covered by the concession contract, respectively the license, which it holds. ... (2) If the implementation of the investments in par. (1) is not economically justified for the distribution operator, it may propose, after the notification of ANRE, the achievement of the respective objectives by co-participation of the applicant for financing with funds from local budgets and from the state budget, in the law. ... (3) Evaluation of the financing conditions of the investments provided in par. ((1) and (2) shall be determined by the distribution operator, based on a feasibility study carried out within a maximum of 60 days from the receipt of the request, according to a methodology approved by ANRE. ... (4) For the development of programs for the electrification of localities and the expansion of electricity distribution networks, the local public administration authorities and the ministries involved will respond, within 60 days of receipt the requests of the transmission and system operator, as well as of the distribution operators, for the implementation of the network development plans in the medium and long term. ... ((5) Localities which, for technical or economic reasons, are not connected to the SEN can be supplied with electricity by isolated electroenergy systems. ... (6) ANRE will determine the local price and the minimum conditions regarding the continuity and quality of the supply service. ... + Article 52 Electricity supply (1) The supply of electricity is the activity by which the licensed holder legal person sells electricity to customers. For the supply of electricity to customers a contract is concluded, in accordance with the legal provisions in force. ... (2) The electricity supplied to the customer shall be charged by the supplier, according to the ANRE regulations and the legal provisions in force. ... (3) The consumption and supply of electricity without the conclusion of the supply contract shall be prohibited, except for situations which are distinctly regulated by the competent authority. ... + Article 53 Obligations of the last resort supplier (1) The supplier of last resort has the obligation to provide the universal service to the customers referred to in art. 55 55 para. ((1) lit. b). ... (2) The supplier of last resort has the obligation to supply electricity to final customers whose supplier is in a position to withdraw the supply licence in the course of business or in any other situation identified by the the competent authority in which the final customers did not ensure the supply of electricity from any other source, with the exception of customers disconnected for the evading of electricity or non-payment, according to the regulations issued by the Authority competence. ... + Article 54 Designation of suppliers of last resort Suppliers of last resort shall be designated by ANRE among the existing suppliers on the energy market, through competitive mechanisms, on the basis of a regulation laying down the modalities and criteria for their selection, for each category of final customers whom they serve. + Article 55 Customers of last resort suppliers (1) The suppliers of last resort are obliged to ensure the supply of electricity, in quality and at reasonable prices, transparent, easily comparable and non-discriminatory, according to the ANRE regulations, in compliance with the provisions art. 22 22 para. (1), to the following categories of customers: ... a) final customers who, on the date of entry into force of this Law, have not exercised their right of eligibility; ... b) domestic customers and non-domestic customers with an average scriptic number of employees less than 50 and an annual turnover or a total value of the assets in the balance sheet, according to the annual tax reports, which does not exceed 10 million euros. ... (2) Identification of non-domestic final customers who meet the conditions referred to in par. ((1) lit. b) will be carried out by the suppliers of last resort, based on the documents provided by the specific legislation, transmitted by customers to the suppliers of last resort. The deadline for the completion of their identification is maximum 12 months from the date of entry into force of this Law. ... (3) After the completion of the identification process, the non-domestic final customers referred to in par. (2) have the obligation to transmit, every 2 years, the documents referred to in par. ((2) the supplier of last resort. ... + Article 56 Switching final customers to the supplier of last resort (1) The passing of a customer in one of the situations referred to in art. 53 53 para. (2) to the supplier of last resort shall be made according to the regulations issued by the competent authority, without the need to sign a supply contract. ... (2) In case of change of supplier as a result of the transition to the supplier of last resort under the conditions 53 53 para. (2), the operator of the network to which the place of consumption is connected will ensure continuity in its electricity supply, and the electricity and services related to the supply under these conditions will be borne by means of the supplier of last resort. ... (3) The supply of electricity by the supplier of last resort shall be made at established tariffs/prices approved under the conditions of the regulations issued by the competent authority. ... + Article 57 Supplier obligations (1) The supplier/distribution operator must inform the final customers, both through the single contact points and the website, according to the ANRE regulations, and through the invoice or the documents attached to it, as well as through promotional materials, with regard to their rights, to the legislation in force and to the means of dispute resolution in case of requests, complaints, complaints, complaints or appeals. ... ----------- Alin. ((1) of art. 57 57 has been amended by section 27 27 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (1 ^ 1) The single point of contact is constituted by a central point that coordinates the regional/local information points, which are easily accessible and located at a distance of not more than 50 km from the consumer places of final customers benefiting from universal service, and provides them with information free of charge. ----------- Alin. ((1 ^ 1) of art. 57 57 has been introduced by section 28 28 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (2) The supplier must make available to domestic customers several ways of paying the energy provided and allow them to opt for any of them. ... (3) The supplier is obliged to provide electricity labelling according to the regulations of the competent authority and to inform, periodically, the final customers of the structure, provenance, characteristics and environmental impact for energy electricity supplied to them ... (4) The supplier shall be obliged to participate in activities ensuring the safety and security of the NES. ... ((5) The supplier shall make available to consumers the data on consumption in an optional, easy to understand and harmonised format of use at national level, in accordance with the regulations issued by the competent authority. ... ----------- Alin. ((5) of art. 57 57 has been introduced by section 29 29 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 58 Contracting obligation (1) At the written request of a final customer, the supplier shall be obliged to communicate, in writing, within a period of no more than 15 working days, an offer on the equitable conditions for the supply of electricity, which shall contain, binding, the price of the supply, payment terms and the closing date for the conclusion of the supply contract, drawn up in accordance with the regulations issued by the competent authority. ... ----------- Alin. ((1) of art. 58 58 has been amended by section 30 30 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. ((2) Without prejudice Law no. 193/2000 ... on unfair terms in contracts concluded between professionals and consumers, republished, with subsequent amendments and completions; and Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, as well as for the modification and completion of some normative acts, the supply contract negotiated and concluded on the basis of the provisions of par. ((1) is valid for an indefinite period or for a period agreed by the parties and must contain at least the following elements: a) the supplier's identity and address ... b) prices/tariffs and services offered, the level of quality of the services offered, as well as the deadline provided for the initial connection, as the case may ... c) the types of maintenance services offered, where applicable; ... d) the means by which up-to-date information on all applicable prices/tariffs, including those for maintenance, may be obtained, as the case may be; ... e) the duration of the contract, the conditions for the renewal and interruption of the services and the contract and whether there is the right to terminate the contract without costs ... f) any compensation and the method of reimbursement applicable if the quality levels of the services provided for in the contract are not met, including in the case of inaccurate and delayed invoicing; ... g) the modalities for the initiation of dispute resolution procedures, in accordance with the provisions of art. 57 57 para. ((1) and art. 62 62 para. ((1) lit. h ^ 6); ... h) information on the rights of the clients, including on the resolution of complaints and all the information provided in a)-g), clearly communicated in invoices or on the internet pages of operators in the electricity sector. ... ----------- Alin. ((2) of art. 58 58 has been amended by section 30 30 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (3) The final customer has the right to unilaterally denounce the supply contract, with notification sent to the electricity supplier at least 21 days before, in compliance with the contractual conditions. ... (4) The supplier is entitled to terminate the contract in the following cases: ... a) the evading of electricity found by final court decision; ... b) non payment of invoices; ... c) other situations provided by the legislation in force. ... (5) The supplier is entitled to request a final customer to set up financial guarantees for a period of consumption equivalent to a maximum of one year in case of finding, according to the legal provisions in force, of actions aimed to distort the any kind of indication of measuring equipment or to evade electricity by bypassing the measuring equipment on its part. The method of establishing financial guarantees is provided in the framework contracts for the supply of electricity and/or in other regulations issued by ANRE. ... (6) The refusal to establish the guarantees provided in par. (5) entitles the supplier to request the distribution operator disconnecting the final customer from the network. Energy payment provided ART. 59. -In accordance with the provisions of the contract, the final customer is obliged to pay the value of the electricity consumed at the price and under the conditions provided for in the electricity supply contract. ... + Article 60 Supplier liability ((1) The supplier shall be liable for all damages caused to the final customer at fault, under the conditions established by the supply contract. ... (2) The supplier is entitled to recover the damages caused to the final customers and to the supplier itself from the distribution operator, the transmission system operator or the manufacturer, proven to be caused by fault of any of the These. ... + Article 61 Obligations of the final electricity customer (1) The final electricity customer shall be liable for the proven damage caused to the provider/network operator at its fault. ... (2) Failure to comply with the contract for the supply of electricity by the final customer may entail the following consequences, as the case may be: ... a) penalties; ... b) temporary cessation of electricity supply; ... c) termination of the electricity supply contract. ... (3) In the case of interventions on electrical installations by unauthorized persons, the network operator is entitled to interrupt the electricity supply, in accordance with the specific regulations of ANRE. ... (4) In the case of the finding, according to the legal provisions in force, of actions designed to distort in any way the indications of measuring equipment or to evade electricity by bypassing the measuring equipment, the final customer is obliged to constitute a financial guarantee, according to art. 58 58 para. ((5). ... (5) The final electricity customer with a power approved by the technical connection notice of at least 1,000 kVA is obliged to present consumption hourly forecasts to the supplier with whom it has contractual relations, according to the regulations issued by competent authority. ... (6) Final customers have the obligation to pay the value of the invoices for electricity and for the services they benefit from the due dates provided for in the contracts concluded between the parties. ... (7) In order to guarantee the payments of electricity bills, suppliers of last resort may require customers to establish financial guarantees, only under the conditions laid down by the regulations issued by the competent authority. ... + Article 62 The rights of the final electricity customer (1) The final customers of electricity shall have the following rights: ... a) have access to electricity networks of public interest and consume electricity in accordance with the provisions of the supply contract; ... b) to request the supplier to modify and supplement the supply contract and the annexes thereto or to initiate additional acts on contracts, when new elements appear or when he considers it necessary to detail or supplement some clauses contractual; ... c) have access for reading to the measurement groups for settlement; ... d) require the supplier or distribution operator to take measures to remedy faults and disturbances in electrical networks; ... e) to receive compensation from the supplier, network operator or other end customer, according to the contractual provisions, when damage is caused to them or in case of non-compliance with energy quality indicators; ... f) to voluntarily associate in order to represent the interests of customers, according to ANRE regulations; ... g) to purchase electricity on a bilateral contract basis from an energy supplier, irrespective of the Member State in which the supplier is registered, provided that it complies with the applicable marketing and balancing rules established on the . ... h) to change the supplier free of charge, according to a procedure approved by order of ANRE; ... ----------- Lit. h) a par. ((1) of art. 62 62 has been amended by section 4.2 31 31 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. h ^ 1) to be duly notified of any intention to modify the contractual conditions/clauses and to be informed, at the time of notification, of the right to terminate the contract. The supplier and, as the case may be, other economic operators entitled to conclude bilateral contracts with the final customers shall notify the customers of any tariff increase, directly and in a timely manner, no later than the end of the first normal period of invoicing that follows the entry into force of the increase, in a transparent and understandable way; ----------- Lit. h ^ 1) a par. ((1) of art. 62 62 was introduced by section 4.2. 32 32 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. h ^ 2) to denounce any contract if it does not accept the new conditions/clauses notified by the electricity supplier; ----------- Lit. h ^ 2) a par. ((1) of art. 62 62 was introduced by section 4.2. 32 32 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. h ^ 3) to receive transparent information on the prices and tariffs charged, as well as on the contractual conditions/clauses regarding the access to the services offered and their provision by the economic operators in the field of energy electric; ----------- Lit. h ^ 3) a par. ((1) of art. 62 62 was introduced by section 4.2. 32 32 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. h ^ 4) to receive all relevant data on non-discriminatory consumption in terms of costs, efforts or time required for the provision of such data; ----------- Lit. h ^ 4) a par. ((1) of art. 62 62 was introduced by section 4.2. 32 32 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. h ^ 5) to benefit from several payment methods, which do not unduly discriminate between customers. Early payment systems must be fair and adequately reflect the likely consumption. In the case of the household customer, if following the regularization the amount paid by it in addition is more than 100 lei, then the supplier is obliged to refund the amount paid by the customer. Amounts below this value will be compensated for the following invoices. Any difference in terms and conditions shall reflect the costs for the supplier of the different payment systems. The general conditions must be fair and transparent, presented in a clear and understandable language and not include non-contractual barriers to the exercise of customer rights as for example, but not limited to documentation. excessive contract. Customers are protected against unfair or deceptive sales methods; ----------- Lit. h ^ 5) a par. ((1) of art. 62 62 was introduced by section 4.2. 32 32 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. h ^ 6) to benefit from transparent, simple and inexpensive complaint handling procedures. Customers are entitled to a high standard of service delivery and complaint handling by the supplier and, as the case may be, licensed operators who enter into contracts with end customers of electricity. The out-of-court settlement of disputes provides for the correct and prompt resolution of disputes within 90 days and a system for reimbursement and/or compensation of the actual amounts due, in accordance with the principles set out in Recommendation 98 /257/EC of Commission of 30 March 1998 on the principles applicable to bodies responsible for the out-of-court settlement of disputes with consumers; these procedures shall be drawn up in compliance with a framework procedure issued by ANRE; *) ----------- Lit. h ^ 6) a par. ((1) of art. 62 62 was introduced by section 4.2. 32 32 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. h ^ 7) be informed of the rights available to them in the field of universal services, when they have access to these services, pursuant to the provisions of this Law; ----------- Lit. h ^ 7) a par. ((1) of art. 62 62 was introduced by section 4.2. 32 32 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. h ^ 8) to own the data on own consumption and to be able to grant access to the measurement data, through explicit understanding and free of charge, to any licensed supplier. The party responsible for the management of the data is obliged to provide this data to the supplier The data presentation format and the access procedure of suppliers and consumers to these data are regulated by ANRE. No additional costs may be charged to customers for this service; ----------- Lit. h ^ 8) a par. ((1) of art. 62 62 was introduced by section 4.2. 32 32 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. h ^ 9) be properly informed about the actual consumption of electricity and the actual costs, frequently enough, so that they can regularize their own electricity consumption. That information shall be communicated at appropriate intervals, taking into account the capacity of the measuring equipment of the customer and the energy product concerned. The supplier shall grant such facilities taking due account of the cost-effectiveness of such measures. No additional costs may be charged to consumers for this service; ----------- Lit. h ^ 9) a par. ((1) of art. 62 62 was introduced by section 4.2. 32 32 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. h ^ 10) to receive a final statement of regularization of all payment obligations, within a maximum of 42 days from the change of the supplier. ----------- Lit. h ^ 10) a par. ((1) of art. 62 62 was introduced by section 4.2. 32 32 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. i) to conclude contracts with several energy suppliers at the same time, for a single place of consumption, as exclusively for non-domestic customers, whose maximum power approved by the technical approval notice is established by ANRE regulations; ... j) submit to the satisfaction of the competent authority the divergences resulting from the performance of contracts concluded in the electricity sector, based on procedures developed by the competent authority; ... k) to benefit from the services of a mediator, under conditions Law no. 192/2006 on the mediation and organization of the profession of mediator, with subsequent amendments and completions, in order to solve the extrajudicial of disputes arising on the electricity market; ... l) to unilaterally terminate the supply contract, under the conditions of art. 58 58 para. ((3). ... (2) The procedure provided in par. ((1) lit. h) mainly establishes the stages of the process of changing the supplier, the way of extinguishing the payment obligations due by the final customer to the supplier to be changed, the data that can be requested by the final customer or by the new supplier in the process of change, as well as economic operators who are obliged to provide them. ... (3) The procedure provided in par. ((1) lit. h) must guarantee a customer who wants to change the supplier, in compliance with the contractual conditions, that this change can be achieved within 3 weeks from its initiation. ... + Article 63 Final customers ' right of choice of tariffs (1) The final customers referred to in art. 55 55 para. (1) have the right to opt for any of the regulated tariffs applicable to the category of which they belong or to benefit from the universal service, under the conditions established by the ANRE regulations. ... (2) Domestic customers have the right to opt for any payment method that the supplier makes available. ... (3) Final customers can no longer return to regulated tariffs if they have exercised their right of eligibility. ... + Article 64 Protecting vulnerable customers (1) Vulnerable customers benefit from facilities to ensure the service of electricity supply and network access. ... (2) The types of facilities for each of the categories of vulnerable customers, except for measures of a financial nature, as well as the modalities for their implementation shall be established by ANRE. ... (3) It is forbidden to disconnect from the electricity network to vulnerable customers including in situations of energy crisis. ... + Article 65 Measurement of electricity (1) The electricity supplied to final customers on the electricity market shall be measured by the measuring operators, by measuring groups, according to the measuring code drawn up by the competent authority. ... (. The measurement transformers of the electricity measurement groups for settlement shall, where appropriate, be ensured by: ... a) the transmission system operator; ... b) producers; ... c) distribution operators; ... d) final customers of electricity. ... (3) Measuring operators may be: ... a) the transmission system operator; ... b) manufacturers; ... c) the distribution operator. ... (4) The transmission system operator and the distribution system operator shall have the obligation to provide the electricity measurement service for the users of the respective power grids. ... ((5) The transmission system operator and the distribution system operator, respectively, may assign the measurement and data management service measured to an economic operator, provided that the costs recognised by the competent authority and the compliance with applicable regulations issued by it. ... + Article 66 Intelligent measuring systems (1) By September 3, 2012, ANRE will evaluate the implementation of intelligent measurement systems in terms of long-term costs and benefits for the market, profitability, as well as feasible implementation deadlines. ... (2) If by the assessment referred to in par. (1) it is found that the implementation of intelligent measurement systems is advantageous for the functioning of the energy market, ANRE approves a timetable for the implementation of intelligent measurement systems, so that about 80% of customers have smart measuring systems by 2020. The implementation of these systems will be approved under the annual investment plans of distribution operators. ... + Chapter V Promotion of electricity produced from renewable energy resources and high-efficiency cogeneration + Article 67 Definition of renewable energy sources Under the conditions of this Title, renewable energy sources shall be defined as: a) wind energy; ... b) solar energy; ... c) the energy of waves and tides; ... d) geothermal energy; ... e) hydroelectric power; ... f) the energy contained in the biodegradable fraction of the products, waste and residues in agriculture (including plant substances and residues of animal origin), forestry and related industries, as well as the biodegradable fraction of waste industrial and communal, city and municipal, called biomass; ... g) the energy contained in the fermentation gas of the waste, also referred to as storage gas; ... h) the energy contained in the fermentation gas of sludge from wastewater treatment plants; ... i) energy contained in gaseous secondary products, obtained by fermentation from organic waste materials, forming the gas fuel category, called biogas; ... j) energy contained in liquid products obtained by distillation of fermented organic matter, forming the category of liquid fuel, called fuel alcohol; ... k) energy obtained from other renewable sources, not currently exploited. ... + Article 68 Cogeneration technologies Under the conditions of this Title, the following cogeneration technologies shall be defined as: a) gas turbines in combined cycle with heat recovery and steam turbines; ... b) steam turbine with counterpressure; ... c) steam turbine with condensing and adjustable sockets; ... d) gas turbines and recovery boilers; ... e) internal combustion engines; ... f) microturbines; ... g) Stirling engines; ... h) fuel cells; ... i) thermal engines; ... j) Organic Rankine cycles; ... k) any other installation or combination of installations simultaneously producing heat and electricity. ... + Article 69 High-efficiency cogeneration In order to promote the production of electricity in cogeneration, high efficiency cogeneration is defined as the combined production process of electricity and heat, which meets the following criteria: a) in the case of cogeneration units with installed electric power over 25 MW: ... ((i) the achievement of an annual overall return of at least 70%; and (ii) the achievement of a primary energy savings of at least 10% compared to the reference values of the separate production of the same quantities of electricity and heat; b) in the case of cogeneration units with electrical powers installed between 1 MW and 25 MW, the achievement of primary energy saving of at least 10% compared to the reference values of the separate production of the same quantities of electricity and heat; ... c) in the case of cogeneration units with powers installed below 1 MW, the realization of primary energy saving compared to the separate production of the same quantities of electricity and heat. ... + Article 70 Network access rules for electricity produced from renewable sources and high-efficiency cogeneration The competent authority shall establish by technical and commercial rules: a) guaranteed access to electricity networks and priority dispatching of electricity produced from renewable energy sources and high-efficiency cogeneration; ... b) priority access to electricity grids and priority dispatching of electricity produced from renewable energy sources and in high efficiency cogeneration in plants with powers installed less than or equal to 1 MW, to the extent that they do not the safety level of the NES is affected. ... + Article 71 Criteria for the promotion of electricity produced from renewable sources and in high-efficiency cogeneration ((1) The criteria for the promotion of electricity produced from renewable energy sources shall bear in mind the following: ... a) achieving the national target for the share of electricity produced from renewable energy sources; ... b) compatibility with competitive market principles; ... c) the characteristics of different renewable energy sources and electricity generation technologies; ... d) promoting the use of renewable energy sources in the most efficient way. ... (2) The criteria for the promotion of electricity produced in high-efficiency cogeneration envisage the following: ... a) ensuring access to support schemes, while covering the justified costs of high-efficiency cogeneration; ... b) the characteristics of different electricity generation technologies in cogeneration; ... c) promoting the efficient use of fuels; ... d) ensuring environmental protection, by reducing pollutant emissions compared to the separate production of electricity and heat. ... + Article 72 Support schemes to promote the production of electricity from renewable sources and high-efficiency cogeneration (1) Support schemes shall apply to promote the production of electricity from renewable energy sources and high-efficiency cogeneration in accordance with the provisions of European legislation. ... (2) For access to support schemes for the promotion of electricity produced from renewable energy sources and in high-efficiency cogeneration, the accreditation and qualification rules established by the competent authority shall apply. ... + Article 73 Guarantees of origin The certification of electricity produced from renewable sources and high-efficiency cogeneration shall be attested by means of guarantees of origin issued by the competent authority. + Article 74 Application of support schemes The application of support schemes to promote the production of electricity from renewable sources of electricity and high-efficiency cogeneration is made after their authorization by the European Commission, under the law. + Chapter VI Prices and rates Types of prices and rates. + Article 75 Substantiating them (1) The following prices and tariffs shall apply to the activities carried out in the electricity sector: ... a) prices resulting from the competitive mechanisms of the electricity market; ... b) regulated tariffs for transmission, system and electricity distribution services; ... c) tariffs/regulated prices for the supply of electricity to customers referred to in art. 55 55 para. (1), in compliance with art. 22, until they are removed; ... d) prices/tariffs charged by suppliers of last resort to customers in the situation provided in art. 53 53 para. ((2); ... e) regulated tariffs for the acquisition of system technology services, until the creation of a competitive market for system technological services; ... f) regulated network connection tariffs; ... g) regulated tariff charged by the electricity market operator; ... h) regulated prices charged by the producers/suppliers of electricity to the customers referred to in art. 55 55 para. (1), in compliance with art. 22 22; ... i) regulated prices for thermal energy produced in cogeneration plants; ... ---------- Lit. i) a par. ((1) of art. 75 75 has been amended by section 4.2 1 1 of art. unique from LAW no. 174 174 of 16 December 2014 , published in MONITORUL OFFICIAL no. 919 919 of 17 December 2014, which introduces the new point of art. I of EMERGENCY ORDINANCE no. 35 35 of 11 June 2014 , published in MONITORUL OFFICIAL no. 459 459 of 24 June 2014. j) prices resulting from the establishment/adjustment formulas provided for in the contracts for the sale-purchase of thermal energy or from the concession or association or partnership contracts. ... ((2) ANRE elaborates and approves the rules on the mechanism of correlation of the offer time price on the balancing market with the closing price of the PZU market established for that time. ... + Article 76 The methodology for regulating prices and tariffs (1) Prices and regulated tariffs for the activities of production, transmission, distribution and supply of electricity and thermal energy produced in cogeneration plants, as well as for the activity performed by the operator of the market Electricity shall be determined on the basis of methodologies approved and published by the competent authority. In their calculation will be taken into account the justified costs of the respective activities, the expenses for development and the protection of the environment, as well as a reasonable profit share. ... ((2) The regulated price formation methods for thermal energy and the support measures for electricity produced in high-efficiency cogeneration plants benefiting from support schemes established at national level shall be establish on the basis of Government decision. ... (3) The regulatory methodologies for prices and tariffs shall be approved by the competent authority after the public consultation procedure has been completed. ... + Article 77 Highlighting costs and revenues The licensed economic operators in the electricity sector, who practice regulated prices and tariffs, are obliged to submit to the competent authority: a) the costs and revenues of the activities covered by the licences granted in the structure established by the competent authority; ... b) how to allocate assets, liabilities, expenses and revenues, according to the regulations issued by the competent authority. ... + Article 78 Establishment of regulated costs and revenues (1) For the purpose of controlling tariffs on customers referred to in art. 55 55 para. ((1), the competent authority shall approve the methodology for determining the regulated costs/revenues for the purchase/sale of electricity intended for such customers. ... (2) Exceeding the regulated costs for the purchase/sale of electricity for customers referred to in art. 55 55 para. ((1) and the regulated costs for transport and distribution services can be made, with the approval of the competent authority, only in exceptional situations, by force majeure or determined by legislative changes. ... + Article 79 Principles for the substantiation of price proposals and regulated tariffs (1) The regulated prices and tariffs shall be drawn up by the economic operators of the electricity sector, in compliance with the methodologies issued by the competent authority, and shall be communicated to the authority, together with the basis in the format established by it. ... (2) Economic operators in the electricity sector shall transmit to the competent authority all the necessary data used in the process of substantiating the request and will ensure access to these data of the representatives appointed by the competent authority. ... (3) The order for the approval of regulated prices and tariffs for electricity, as well as the approval of their calculation methodologies, applicable to final customers and activities of a natural monopoly nature, shall be published in The Official Gazette of Romania, Part I. Order will also contain the date of their entry into force. ... (4) The principles underlying the establishment of regulated prices and tariffs for activities carried out in the electricity sector, excluding prices for electricity and heat produced in high-efficiency cogeneration plants benefit from support schemes, consider the following: ... a) prices/tariffs must be non-discriminatory, based on objective criteria and determined in a transparent manner, on the basis of methodologies approved and published by the competent authority; ... b) prices/electricity tariffs must cover economically justified costs; ... c) prices/tariffs must ensure a reasonable rate of return on capital invested, determined according to the regulations issued by the competent authority; ... d) the tariffs and prices regulated for final customers must allow them to choose the type of price/tariff that is more favourable to them, among those practiced by the supplier, under the conditions established by the competent authority; ... e) the connection tariffs must contain only the actual costs of carrying out the connection works of customers to the electricity network; ... f) the calculation methodologies of transmission and distribution tariffs must contain short and long term incentive elements on increasing energy efficiency, food safety, harmonious integration in the market, as well as supporting research activity related to the field of activity; ... g) transmission and distribution tariffs are non-discriminatory and reflect the justified costs of operators, also taking into account the long-term avoided marginal network costs as a result of distributed production and management measures. demand. ... (5) The cross-subsidy between regulated activities and between the regulated and unregulated activities of an economic operator is prohibited. In the case of electricity and heat generation in high-efficiency cogeneration or from renewable energy sources benefiting from support schemes established at national level, the cross-subsidy shall be analysed between the activity of production in cogeneration or renewable energy sources benefiting from the support scheme and the remaining activities carried out by the economic operator. ... (6) The supplier of last resort shall be fully recognised in tariffs of the costs of purchasing electricity and associated costs, as well as a reasonable profit share. ... ((7) The principles underlying the establishment of regulated prices for electricity and heat produced in high-efficiency cogeneration plants or from renewable sources benefiting from support schemes shall bear in mind the following: ... a) for electricity and heat produced in high-efficiency cogeneration or from renewable sources, the provisions of support schemes, approved by Government decision, apply; ... b) for thermal energy produced in thermal production capacities located in a cogeneration power plant benefiting from support schemes, the prices shall be determined on the basis of the methodology approved by the competent authority. ... + Article 80 Limitation of prices/tariffs (1) In situations of major imbalances between supply and demand and obvious malfunctions of the electricity market, the Government, on the proposal of ANRE and with the opinion of the Competition Council, may limit the excessive increase in prices/tariffs or blocking them for a fixed period of not more than 6 months, the period which can be successively extended for durations of not more than 3 months, as long as the circumstances that have led to the adoption of that decision persist, by: ... a) fixing a higher price limit on a centralized market; ... b) limitation of income from regulated activity. ... (2) Recognized and deferred costs, according to the provisions of ((1) lit. b) shall be fully recovered in accordance with the procedure issued by the competent authority. ... + Article 81 Cost recovery (1) If compliance with legal conditions for the fulfilment of universal service and universal service obligations is imposed, the participants in the electricity market have the right to recover their costs resulting from the application of these conditions. ... (2) The recovery of these costs will be made according to the regulations issued by the competent authority or by Government decision, depending on the way of imposing public service obligations, according to art. 16 16 para. ((2). ... + Article 82 Highlighting costs in the combined production of electricity and heat Economic operators who produce combined electricity and heat and who sell at least one of them will allocate the costs between the two forms of energy, according to the regulations approved by the competent authority. + Article 83 Related Services Services rendered to third parties by economic operators who produce hydroelectric power and who have in administration, concession or rental dams, embankments and reservoirs are carried out on the basis of contracts concluded with the beneficiaries. + Chapter VII Procedure for conducting investigations + Article 84 Conduct of investigations The President of the competent authority shall, by decision, order investigations, according to the provisions of 86 86, by its own staff empowered to do so, ex officio or in response to a complaint registered with the competent authority, made by a natural or legal person affected in a real and direct manner by a potential infringement of the provisions of this title, only in the areas in which ANRE has the competence to investigate according to + Article 85 Request of information and documents In carrying out the investigations, as well as the powers conferred on the basis of this Title, the competent authority may require the economic operators of the information and documents which are necessary, mentioning the legal basis and the purpose may set time limits for such information and documents to be provided to it. + Article 86 Investigation rights (1) In order to investigate the violation of the provisions of this title 84, the ANRE staff empowered to do so shall have the following rights: ... a) enter into the spaces, land or means of transport that economic operators hold legally; ... b) to examine any documents, registers, financial-accounting and commercial acts or other records related to the activity of economic operators, regardless of where they are stored; ... c) ask any representative or employee of the economic operator to explain the facts or documents related to the object and purpose of the investigation and to record or record their answers; ... d) to raise or obtain, in any form, copies or extracts from any documents, registers, financial-accounting and commercial acts or from other records related to the activity of the economic operator; ... e) to seal any site intended for the activities of the economic operator and any documents, registers, financial-accounting and commercial acts or other records related to the activity of the economic operator, for the duration and to the extent necessary for the investigation. ... (2) The competent authority shall proceed with the actions referred to in paragraph ((1) only if there are indications that documents may be found or information deemed necessary for the performance of its powers may be obtained, and the outcome of the investigation will be recorded in a report of finding and inventory. ... (. The competent authority may make unannounced inspections and may request any information or justification relating to the performance of the investigatory powers, both on the spot and by convening at the premises of the competent authority. ... + Article 87 Judicial authorisation of investigations Based on the judicial authorization given by conclusion, according to art. 88, ANRE staff, empowered under the conditions of art. 84, may carry out inspections in any other premises, including domicile, land or means of transport belonging to managers, administrators, directors and other employees of economic operators or associations of economic operators under investigation. + Article 88 Obtaining judicial authorization (1) ANRE personnel shall conduct inspections, in accordance with the provisions of art. 87, only on the basis of the decision of empowerment issued by the President of the competent authority and with the judicial authorization given by the President of the Bucharest Court of Appeal or by a judge delegated by him. A certified copy of the decision of empowerment and of the judicial authorization shall be compulsorily communicated to the person subject to the inspection, before its start. ... (2) The application for authorization shall be adjudicated in the council chamber without citing the parties. The judge shall rule on the application for authorization no later than 48 hours after the date of registration of the application. The conclusion shall be reasoned and communicated to the competent authority no later than 48 hours after delivery. ... (3) If the inspection must be carried out simultaneously in several spaces between those provided for in art. 87 87, the competent authority will introduce a single application, with the court ruling by a conclusion in which the premises in which the inspection is to be carried out will be indicated. ... (4) The application for authorization must contain all information such as to justify the inspection, and the judge referred to it shall verify that the application is well founded. ... (5) Whatever the circumstances, the inspection shall be carried out between 8,00 and 18,00 and shall be carried out in the presence of the person to whom the inspection or his representative is carried out. The inspection may continue after 18,00 only with the consent of the person to whom the inspection or his representative is carried out. ... (6) Inventories and seals shall be made in accordance with the provisions of the Code of Criminal Procedure. ... (7) The conclusion provided in par. (1) may be appealed to the High Court of Cassation and Justice within 48 hours. The term of appeal for the competent authority flows from the moment of communication of the conclusion, according to ((2). As regards the person subject to the inspection, the term of appeal flows from the moment of communication of the conclusion, according to the provisions of ((1). The appeal is not suspensive of execution. ... (8) The President of the Bucharest Court of Appeal or the judge delegated by him has the competence to issue the judicial authorization in order to carry out the inspection, 87. The court shall verify whether the decision of power issued by the President of ANRE is authentic and whether the expected coercive measures are neither arbitrary nor excessive, in particular, considering the seriousness of the infringement suspected, the importance of the evidence sought, the involvement of the undertaking concerned and the reasonable likelihood that the business registers and documents relating to the subject matter of the inspection are kept in the premises for which they are request authorization. The court may ask ANRE for detailed explanations of the elements necessary to enable it to verify the proportionality of the envisaged coercive measures. ... + Article 89 Access to documents and information (1) The bodies of central and local public administration, as well as any other institutions and public authorities, shall be obliged to allow the competent authority access to the documents, data and information held by them, in compliance with the provisions Legal. ... (2) The competent authority, receiving access to the documents, data and information referred to in par. (1), has the obligation to respect the character of the classified data and information legally assigned to those documents, data and information. ... + Article 90 Investigation procedure The investigation procedure is done in accordance with the regulation on the organization and conduct of the investigation activity, approved by order of the President of ANRE. + Chapter VIII Offences and contraventions + Article 91 Liabilities Violation of the provisions of this title entails disciplinary, civil, contravention or criminal liability, as the case may be, of the guilty persons. + Article 92 Offences (1) Damage, modification without right or blocking the operation of the electrical energy measuring equipment delivered or the modification without right of the components of the energy installations constitutes a crime and is punishable by imprisonment from 3 months to 2 years or a fine. ... (2) The execution or use of clandestine installations for the purpose of direct connection to the network or for the bypass of measuring equipment constitutes a crime and is punishable by imprisonment from 6 months to 3 years or with a fine. ... (3) If the offences referred to in par. ((1) and (2) are committed by an employee of a license holder, the special limits shall be increased by half. ... (4) Attempted to the crimes provided in par. ((1) and (2) shall be punished. ... + Article 93 Contraventions (1) The following facts are contraventions: ... 1. conduct by natural or legal persons of activities and/or services in the electricity sector without having a license or establishment authorization according to the provisions of this law and of the regulation provided in art. 9 9 para. ((4); 2. design, execution and verification of electrical installations without attestation and/or authorization; 3. non-compliance with technical norms issued by ANRE; 4. non-compliance with the validity conditions associated with the licenses/certificates issued by ANRE; 5. violation by the participants of the electricity market of the technical and/or commercial regulations issued by ANRE; 6. refusal to allow the carrying out of control actions ordered by ANRE, as well as its obstruction in the performance of its duties; 7. non-supply/non-submission of data, documents and/or information requested within the deadlines set by ANRE or their incomplete or erroneous supply/presentation, as well as/or non-realization of the measures ordered by it; 8. unjustified refusal to grant access to any applicant to networks of public interest; 9. the supply by the distribution operator or the transmission system operator of incomplete or erroneous information necessary for the access to the network; 10. non-insurance by the distribution operator or the transmission system operator of a non-discriminatory treatment between the users of the power grid; 11. undue delay in the connection/supply of electricity to customers or in their replenishment after interruption, as well as the proposal of connection solutions, other than those technically optimal and with costs minimum, according to the normative acts in force and regulations issued by ANRE; 12. the putting under voltage of electrical installations without a contract for the supply of electricity, as well as/or without having mounted a power measurement group, as the case may be; 13. non-communication of an offer on the conditions for the supply of electricity to applicants, according to art. 58 58 para. ((1); 14. unjustified cessation of electricity supply to customers; 15. non-compliance with the provisions of performance standards related to public transport and distribution services, as well as to the universal service in the electricity sector; 16. non-compliance with the provisions of the mandatory clauses in the framework contracts issued by ANRE; 17. non-compliance with the legal provisions on changing the electricity supplier 18 18. disclosure of commercially sensitive information on commercial operations by the transmission system operator, distribution system operators or the operator of the electricity market, including those concerning all transactions in electricity supply contracts and/or financial instruments derived from the electricity sector, unless requested by the competent authorities; 19. non-compliance with the requirements of independence of the distribution system operator or of the transmission system operator and/or the regulations regarding direct or indirect control over some enterprises in the sector of production, supply, the distribution or transmission of electricity; 20. failure by the supplier of last resort to ensure the universal service to customers, according to the provisions of this title; 21. non-compliance by manufacturers with their obligations according to art. 6 lit. p) and art. 28 28; 22. non-compliance by the transmission system operator with the regulations on the order of merit in the balancing market, regarding the dispatching of production facilities and/or the use of interconnections with the other systems; 23. failure to submit by the transmission system operator, for the approval by ANRE, of the transport network development plan, within the deadlines established by the regulations in force; 24. the practice of prices or tariffs not approved by ANRE, for regulated activities; 25. non-compliance with the regulations issued by ANRE on pricing and tariffs 26. non-compliance with the regulations regarding the accounting separation of the activities carried out by the licensed economic operators in the electricity sector; 27. non-publication and non-updating, on its website, of the technical and commercial data provided by the regulations by the participants in the electricity market; 28. refusal of the final customers to allow access to the measuring groups, as well as to the installations in the patrimony and/or in the management of the distribution operator or of the transmission system operator; 29. the execution of excavations or works of any kind in the areas of protection of installations without the prior consent of their holder; 30. prohibition/prevention by natural or legal persons of the exercise of the rights provided by this law, access, use and servitude or restriction of some activities, on the occasion of carrying out retrofitting works, repairs, revisions, interventions to damage, investments, maintenance and/or connection of new users and for deforestation or modeling cuts, for the creation and maintenance of regulatory distance from electricity networks 31. the use by a third party of the components of the electrical distribution/transport networks for purposes other than those provided for by the legislation in the electricity sector without the conclusion of a contract in this regard with their rightful owner; 32. non-compliance by the transmission and system operator of the obligations provided in art. 13 13 para. (2), (3) and (6) of Regulation (EC) No 714/2009 714/2009; 33. non-compliance by the transmission system operator and by the other market participants of the obligations provided in art. 15 of Regulation (EC) No 45/ 714/2009 714/2009; 34. non-compliance by the transmission system operator and by the other market participants of the obligations provided in art. 16 of Regulation (EC) No 45/ 714/2009 714/2009; 35 35. non-compliance by the transmission system operator and the other market participants of the obligations set out in Annex I to Regulation (EC) No [...] 714/2009 714/2009; 36. non-compliance with 38 38 para. ((2) lit. c) and d) and art. 48 48 para. ((2) lit. d) and e) on the establishment of the compliance program and the compliance agent; 37. non-compliance by the owner of the transmission network with its obligations under this Title; 38. non-compliance by the transmission and system operator of the obligations provided in art. 31 31 para. ((1) lit. c); ----------- Item 38 of para. ((1) of art. 93 93 has been amended by section 33 33 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 39. non-compliance by suppliers or distribution operators, as the case may be, of the obligations provided in art. 57 57 para. ((1) and in art. 58 58 para. ((2); ----------- Item 39 of para. ((1) of art. 93 93 has been introduced by section 34 34 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 40. non-compliance by suppliers/network operators of the rights of the final customers provided in art. 62 62 para. (1), except those specified in art. 62 62 para. ((1) lit. a), f), h), j), k) and l); ----------- Item 40 of para. ((1) of art. 93 93 has been introduced by section 34 34 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 41. non-compliance by market participants with their obligations under the provisions of art. 4 4 para. ((1)-(3), art. 8 8 para. ((1) and (5), art. 9 9 para. ((1) and (5) and art. 15 the following shall be added: 1.227/2011 of the European Parliament and of the Council of 25 October 2011 on the integrity and transparency of the wholesale energy market; ----------- Item 41 of para. ((1) of art. 93 93 has been introduced by section 34 34 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 42. non-compliance by market participants with their obligations under the provisions of art. 3 3 para. ((1)-(2) lit. e) and art. 5 the following shall be added: 1.227/2011; ----------- Item 42 of para. ((1) of art. 93 93 has been introduced by section 34 34 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 43. non-compliance by suppliers or network operators, as the case may be, of their obligations under the provisions of art. 36 36 para. ((7) lit. s), art. 45 45 para. ((1) lit. a) and art. 57 57 para. ((11); ----------- Item 43 of para. ((1) of art. 93 93 has been introduced by section 34 34 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 44. non-compliance by the electricity market operator with the commercial regulations issued by ANRE. ----------- Item 44 of para. ((1) of art. 93 93 has been introduced by section 34 34 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (2) Contraventions provided in par. ((1) shall be sanctioned as follows: ... 1. in the case of individuals, as follows: a) with a fine of 1,000 lei up to 2,000 lei, for those provided for in item 2 2, 11, 13, pt. 26-31 26-31; ... b) with a fine of 2,000 lei up to 4,000 lei, for those provided for in item 3-7 3-7, 9, 12, pt. 14-17 14-17, 21, 24 and 25; ... c) with a fine of 4,000 lei up to 8,000 lei, for those provided for in item 8 8, 18 and 36; ... d) with a fine of 20,000 lei up to 50,000 lei, for those provided in points 41 and 42. ... ------------ Lit. d) 1 1 of para. ((2) of art. 93 93 was introduced by section 4.2. 35 35 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 2. in the case of legal persons, as follows: a) with a fine of 8,000 lei up to 200,000 lei, for those provided for in item 2 2, 6, 7, 9, 11-14, 16, 17, 23, 25, 27-31, 39, 40 and 44; ... ----------- Lit. a) 2 2 of para. ((2) of art. 93 93 has been amended by section 4.2 36 36 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. b) with a fine of 8,000 lei up to 250,000 lei, for those provided for in item 1 1, 3-5, 8, 10, 15, 18, 20-22, 26 and 36; ... ----------- Lit. b) 2 2 of para. ((2) of art. 93 93 has been amended by section 4.2 36 36 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. c) with a fine of 200,000 lei up to 400,000 lei, for those provided for in item 24, 32-35, 37, 38, 41 and 42; ... ----------- Lit. c) 2 2 of para. ((2) of art. 93 93 has been amended by section 4.2 36 36 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. d) with a fine of between 5 %-10% of the annual turnover, for the one referred to in item 19 19 and 43. ... ----------- Lit. d) 2 2 of para. ((2) of art. 93 93 has been amended by section 4.2 36 36 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (3) The finding of contraventions and the application of sanctions shall be made by: ... a) authorized representatives of the competent authority in case of contraventions provided in par. ((1) pt. 1 1-27 and point 32-44 32-44; ... ----------- Lit. a) a par. ((3) of art. 93 93 has been amended by section 4.2 37 37 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. b) the authorized representatives of the local councils, in case of contraventions provided in par. ((1) pt. 29 29 and 31; ... c) policemen, gendarmes or local police officers, together with the authorized representatives of the network operators, in case of contraventions provided in par. ((1) pt. 28-31. ... (4) For the contraventions provided in par. (1), committed repeatedly, the participants in the electricity market, legal entities, can be sanctioned with a fine of between 1 %-5% of the turnover. By contravention committed repeatedly it is understood to commit at least 3 times the same contravention act in the course of a year. ... (5) The annual turnover means the turnover resulting from the regulated activity for which the contravention of the offender was applied, carried out in the financial year prior to the sanction of the act. ... (6) The offender may pay, no later than 48 hours after the date of conclusion of the minutes of finding and sanctioning the contravention or, as the case may be, from the date of its communication, half of the minimum fine provided in par. ((2) and (4), the finding agent making mention of this possibility in the minutes. ... (7) The application of the sanction of the contravention fine is prescribed within 2 years from the date of the act. ... + Article 94 Legal regime of contraventions Contraventions provided for in art. 93 93 para. (1) the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 95 Finding of contraventions In order to find the contraventions provided in art. 93 93 para. (1), the finding agents referred to in art. 93 93 para. (3) have access, under the law, in buildings, rooms, to installations and in any other place, to the energy receivers, and have the right to check the installation, as well as to execute measurements and determinations. Owners and those who exploit these buildings, places or installations are obliged to provide the finding agents with the documents and documents specific to their activity. + Chapter IX Transitional and final provisions + Article 96 Entry into force (1) Provisions art. 32 32 shall enter into force on 3 March 2013. ... (2) On the date of entry into force of this Law, the Electricity Law no. 13/2007 , published in the Official Gazette of Romania, Part I, no. 51 of 23 January 2007, with subsequent amendments and completions, except art. 7-11. ... (. Within a maximum of 60 days from the date of entry into force of this Law, the competent authority shall approve the electricity supply regulation. ... (4) Within 6 months from the date of entry into force of this Law, ANRE shall adapt the regulatory framework in accordance with this Title. ... ((5) Until the regulatory framework is adapted, all normative acts issued pursuant to Law no. 13/2007 , with subsequent amendments and completions, shall retain its validity, except as otherwise provided for in this Title. ... (6) In order to simplify the bureaucratic authorization procedures, the authorization of natural persons carrying out activities of design, verification and execution of works related to electrical installations belonging to SEN is carried out only according to regulations issued by ANRE, in compliance with the provisions of this title ... (7) Any other form of authorization made by other public entities regarding the activities referred to in par. (6) is prohibited as of the date of entry into force of this Law. ... (8) Individuals authorized until the date of entry into force of this Law shall operate until the expiry of the term of validity of the authorizations. ... + Article 97 Final provisions (1) In the normative acts in which the phrase "default supplier" and "supplier of last option" appear, they are replaced by the phrase "supplier of last resort". ... (2) The relevant Ministry shall notify the European Commission of the adoption of this Law and of other administrative acts necessary for the implementation of the provisions of Directive 2009 /72/EC, including through the transmission of the texts of these normative acts. ... (3) Within 24 months from the date of entry into force of this Law, the relevant ministry shall carry out an evaluation of the operation of the transmission system operator based on the model "independent system operator" and, if applicable, propose Government adoption of the property separation model, according to art. 9 9 para. ((1) of Directive 2009 /72/EC. ... (4) An integrated vertical economic operator holding a transport network shall not be prevented from adopting the measures necessary to implement the model of separation of property referred to in art. 9 9 para. ((1) of Directive 2009 /72/EC. ... + Title II Natural gas + Chapter I General provisions + Article 98 Regulatory area ((1) This Title establishes the regulatory framework for carrying out activities concerning the production, transport, distribution, supply and storage of natural gas, the arrangements for the organization and operation of the natural gas sector, market access, as well as the applicable criteria and procedures for granting permits and/or licences in the natural gas sector. ... (. The provisions of this Title shall apply in a non-discriminatory manner also for biogas, gas obtained from biomass or other types of gas, in so far as it is technically possible for them to be injected or transported through the transmission/distribution systems of natural gas and the upstream feed pipes and/or be used in facilities of use, in complete safety. ... + Article 99 Objectives of natural gas activities Activities in the natural gas sector must be carried out in order to achieve the following basic objectives: a) ensuring sustainable development of the national economy; ... b) ensuring continuity and safety in the natural gas supply to customers; ... c) protection of the legitimate interests of natural gas final customers; ... d) promoting, stimulating and ensuring competition in the natural gas market; ... e) harmonization of national legislation with European Union legislation in the field, respecting the principle of subsidiarity; ... f) the transparency of prices and regulated tariffs in the natural gas sector; ... g) development of the natural gas sector in conditions of economic efficiency and environmental protection; ... h) promoting the production and use of new and renewable sources of gas; ... i) ensuring non-discriminatory access to natural gas sources; ... j) ensuring security measures to prevent and combat acts of terrorism and sabotage on the infrastructure of the natural gas sector; ... k) development of interconnections of natural gas transmission systems with similar systems in neighbouring countries and other transport infrastructures and integration of the National Natural Gas Transport System into the European Network of transport and natural gas system-ENTSO-G, hereinafter referred to as ENTSO-G; ... l) ensuring the necessary conditions for the proper functioning of the natural gas market and for the integration of the national market into the European internal gas market; ... m) ensuring non-discriminatory third-party access to upstream power pipelines, storage depots, transmission systems, natural gas distribution systems, as well as LNG facilities; ... n) to ensure the operation of surface technological installations in the production fields, storage warehouses, natural gas transmission and distribution systems, safe and efficient; ... o) ensure the storage capacity of natural gas for current needs and those that contribute to the energy security of the country. ... + Article 100 Meaning of terms and expressions For the purposes of this Title, the following terms and phrases shall be defined as follows: 1. access to upstream power pipes-the right of an economic operator in the natural gas sector or an eligible customer to use upstream power pipes, less the part used in gas production processes. natural gas, respectively at the point where natural gas meets the technical quality conditions in order to be marketed; 2. access to the distribution system-the right of an economic operator in the natural gas sector or a customer to use the distribution system; 3. access to the storage system-the right of an economic operator in the natural gas sector or a customer to use the underground storage system; 4. access to the transport system-the right of an economic operator in the natural gas sector or a customer to use the transport system; 5. access to the LNG terminal-the right of an economic operator in the natural gas sector or a customer to use the LNG terminal; 6. related activities-activities complementary to those of production, transport, distribution, storage of natural gas, which are carried out by the licensed operator, according to the validity conditions of the operating licenses of the systems 7. device for use-part of the natural gas use plant, intended to consume natural gas as fuel or raw material, with the fulfilment of the legal conditions for operation; 8. authorization/license-individual administrative act issued by ANRE, granted to a natural or legal person, for the exercise of a right and the execution of obligations; 9. competent authority-the National Energy Regulatory Authority-ANRE, which is organized and operates in accordance with the provisions of the law; 10. technical opinion-the document issued after the analysis of a technical documentation, which certifies compliance with the conditions imposed by the legislation in force; 11. biogas-mixture of gases of biogenic origin produced by fermentation, gasification or pyrolysis processes of organic substances; 12. biomethane-biogas brought to the quality parameters in order to be used in transport and distribution networks mixed with natural gas; 13. property of third parties-components of transmission systems or distribution systems, used by licensed operators for the realization of transport or distribution services, goods not included in the patrimony 14. capacity-maximum flow, expressed in unit volume per unit of time or unit of energy per unit of time, to which the network user is entitled in accordance with the contractual provisions; 15. contracted capacity-the capacity that the operator of the system allocated to a user through a contract; 16. available capacity-the part of the technical capacity that is not allocated and is still available for the system at the time; 17. firm capacity-the contractual guaranteed capacity as uninterruptible by the system operator; 18. interruptible capacity-the capacity that may be interrupted by the system operator, in accordance with the conditions laid down in the network user contract; ------------ Item 18 of art. 100 100 has been amended by section 38 38 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 19. unused capacity-the firm capacity that a user of the network acquired, under a contract, but which the user did not nominate until the deadline specified in the contract; 20. technical capacity-the maximum firm capacity that the operator of a user's system can provide, taking into account the integrity of that system and its operating requirements; 21. customer-the wholesale customer, the final natural gas customer or an economic operator in the natural gas sector who buys natural gas; 22. wholesale customer-natural or legal person, other than a transmission system operator or a distribution system operator, which buys natural gas for the purpose of resale within or outside the system in which it is established; 23. household customer-the customer who buys natural gas for his own household consumption; 24. eligible customer-the customer who is free to buy natural gas from a supplier of his choice; 25. end customer-the customer who buys natural gas for his own use; 26. industrial customer-the non-domestic final customer who uses natural gas in industrial processes by means of installations defined according to the non-discriminatory regulation approved by ANRE; *) ----------- Item 26 of art. 100 100 has been amended by section 38 38 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 27. new industrial customer-the industrial customer who is cooling for the first time in a system; we do not consider new industrial customers those customers who are the successors in rights-universally, with universal title and/or with particular title-of some final customers who have or who have had a connection facility to a natural gas transmission or transmission system or to an upstream supply line; 28. non-household customer-the customer who buys natural gas that is not intended for home consumption; 29. vulnerable customer-the final customer belonging to a category of domestic customers who, for reasons of age, health or low income, are at risk of social marginalization and who, in order to prevent this risk, benefit from measures of social protection, including financial nature. Social protection measures, as well as the eligibility criteria for them, are established by normative acts; 30. customer interruptible safety-end customer who by reducing consumption or to stop contributes to maintaining security in natural gas supply in emergency situation. Regulation of the legal regime applicable to the customer interruptible safety, as well as any other measures to carry out the implementation of EU Regulation no. 994/2010 of the European Parliament and of the Council of 20 October 2010 on measures to safeguard the security of gas supply and repealing Council Directive 2004 /67/EC shall be established by Government Decision on the proposal of the relevant ministry as competent authority; ----------- Item 30 of art. 100 100 has been amended by section 38 38 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 31. code-collection of technical and/or commercial regulations, developed or approved by ANRE, establishing rules and procedures for economic operators in the natural gas sector; 32. upstream supply pipe-any pipeline or pipeline network exploited and/or built as part of a natural gas or crude oil production project or used for the transportation of natural gas from the perimeter/perimeters to which carry out the natural gas and crude oil production projects to a system, installation, processing terminal or to a coastal discharge terminal; ----------- Item 32 of art. 100 100 has been amended by section 38 38 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 33. the transmission pipeline-the assembly consisting of pipelines, including the related installations, equipment and facilities, which operate mainly in high pressure mode, which ensure the transport of natural gas between the take-over points from upstream feed pipes, interconnection pipes, import pick-up points or LNG terminals, to delivery points to distribution operators, to end customers or to interconnection pipelines; 34. the interconnection pipeline-the transport pipeline crossing or crossing a border between two Member States of the European Union for the sole purpose of connecting the transport systems of these states; the non-EU Member States are subject to the provisions of the agreements with those States; 35. technological consumption-the amount of natural gas, certified on the basis of the methodology developed by the National Agency for Mineral Resources, necessary to be consumed by an economic operator to ensure the necessary technological parameters the production and storage activity, namely the quantity of natural gas certified on the basis of the methodologies developed by ANRE, necessary to be consumed by an economic operator to ensure the necessary technological parameters carrying out the distribution activity, namely the transport of natural gas; ----------- Item 35 of art. 100 100 has been amended by section 38 38 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 36. natural gas supply contract-a contract for the sale of natural gas, which excludes a financing instrument in the field of natural gas; 37. intelligent metering-advanced metering system that provides information to the final consumer and to the operator on the actual consumption of electricity or natural gas, as well as about the actual time of consumption and which provides consumer options for the efficient use of energy; 37 37 ^ 1. contract of type take or pay-purchase contract that obliges the buyer to pay a certain negotiated quantity, even in the absence of its takeover; ----------- Item 37 ^ 1 of art. 100 100 has been introduced by section 39 39 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 38. underground storage warehouse-the space in the earth's crust having natural or acquired qualities as a result of oil operations or previous mining activities, own for the injection, storage and extraction of gas volumes natural, public property of the state; 39. possession of control-any rights, contracts or any other elements which, each in part or taken together and taking into account the factual or legal circumstances, confer the possibility to exert a determining influence on a undertakings, in particular by: a) property rights or for use on all or part of the assets of an undertaking; ... b) rights or contracts which confer a decisive influence on the structure of the undertaking, vote or decisions of the governing bodies of an undertaking; ... 40. dispatching-the specific activity of permanent and operative balancing, at the level of the systems, of the quantities of natural gas entered and, respectively, out, to the parameters resulting from the delivery obligations, as well as the taking of limiting the effects of exceptional situations, such as: very low temperatures, natural disasters, major damage and the like, by using specific means; 41. natural gas distribution-the activity of natural gas circulation through a distribution pipeline system to be provided to customers, but not including supply; 42. the duration of operation-the time frame in which a target in the natural gas sector achieves the purpose for which it was built safely and by economic efficiency, according to the regulations in force; 43. supply of natural gas-commercial activity of sale of natural gas, including LNG, to customers; 44. supplier-natural or legal person who carries out the activity of natural gas supply; 45. supplier of last resort-the supplier appointed by the competent authority to provide the service of supply under specific regulated conditions; 45 45 ^ 1. compressed natural gas (CNG)-compressed natural gas at pressures between 200-280 bar, stored and marketed in special containers for use as fuel; ---------- Pct. 45 ^ 1 of art. 100 100 has been introduced by section 40 40 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 46. compressed natural gas for vehicles (GNCV)-natural gas stored in pressure vessels, by compression, for use as fuel for vehicles with thermal engines; 47. liquefied natural gas (LNG)-natural gas which, following specific processes, is brought into a liquid state and stored in special containers; 48. natural gas-free gas from methane gas fields, gases dissolved in crude oil, those in the gas field associated with crude oil deposits, as well as gases resulting from extraction or separation of liquid hydrocarbons; 49. liquefied petroleum gases (LPG)-light hydrocarbon fractions derived from refining processes, crude oil stabilisation plants and natural gas processing, which are normally liquefied, by increasing pressure or decrease in temperature, to be transported or stored, having a vapour pressure not exceeding that permitted for commercial propane, consisting predominantly of the following hydrocarbons, alone or in the mixture: propane, propene (propylene), butane (n-butane and/or iso-butane) and butene (butylene), including butadiene; 50. commercially sensitive information-information the disclosure of which could restrict, prevent or distort competition in the natural gas market and/or lead to the production of damage to market participants; 51. new infrastructure-infrastructure not completed by 4 August 2003; 52. surface technological installation related to natural gas production-as a whole consisting of appliances, accessories and pipelines, including upstream ones, used for the production and circulation of natural gas; 53. storage facility-the plant used to store natural gas and which is owned and/or operated by a storage operator, including LNG facilities used for storage, but excluding the part used for production activities, as well as installations reserved exclusively for transmission and system operators, in order to carry out their duties; 54. installation of use-pipe assembly, appliances and accessories, including the outbreak and flue gas outlet, located after the station/post of pressure adjustment and flow measurement, as the case may be, with the exception of the measuring apparatus of the flow rate, which is part of the distribution system; 55 55. financial instrument derived from natural gas-commodity derivative, as these types of financial instruments are explained in the regulations in force on markets in financial instruments; 56. storage of natural gas-all activities and operations carried out by the storage operator for or in connection with the reservation of storage capacity in underground warehouses and for the injection, storage and extraction of these capacities of quantities determined by natural gas; 57. Direct bus-natural gas transmission pipeline complementary to the interconnected system; 58. natural gas monopoly in the field of natural gas-a situation in which transport, storage/storage or natural gas distribution services shall be provided by a single operator for a specified area; 58 58 ^ 1. Concedence authority for the public service of gas distribution-Ministry of Energy, Small and Medium Enterprises and Business Environment, relevant ministry; ---------- Item 58 ^ 1 of art. 100 100 has been amended by section 2 2 of art. 20 of EMERGENCY ORDINANCE no. 86 86 of 17 December 2014 , published in MONITORUL OFFICIAL no. 920 920 of 17 December 2014. 59. objective in the natural gas sector-upstream supply pipeline related to natural gas production, a transmission, distribution or storage system of natural gas or a component part of one of them; 60. operator of the LNG terminal-natural or legal person who carries out the activity of liquefaction of natural gas or the import, unloading and regasification of LNG and is responsible for the operation of an LNG plant; 61. operator of the natural gas market-legal entity that ensures the organization and administration of centralized markets, with the exception of the balancing market, in order to trade natural gas in the short, medium and long term; ----------- Item 61 of art. 100 100 has been amended by section 41 41 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 62. upstream food pipeline operator-natural or legal person who performs natural gas production activity and is responsible for the operation, maintenance and, if necessary, the development of upstream feeding pipes in a certain area; 63. distribution operator-natural or legal person who performs natural gas distribution activity in one or more demarcated areas and is responsible for the operation, maintenance and development of the system in that area and, as the case may be, of its interconnections with other systems, as well as of ensuring the long-term capacity of the system, with a view to satisfying a reasonable level of demand for the distribution of natural gas; 64. storage operator-natural or legal person who carries out the storage activity and is responsible for the exploitation of the natural gas storage facility; 65. transmission system operator-natural or legal person who carries out the natural gas transmission activity and is responsible for the operation, maintenance and, if necessary, the development of the transport system in a certain area and, where appropriate, its interconnections with other systems, as well as the provision of long-term capacity of the system, in order to meet the demand for natural gas transport; 66. affiliated economic operator-any other economic operator who, directly or indirectly, controls the specified economic operator, is controlled by it or is under joint control with this economic operator; 67. economic operator in the natural gas sector-natural or legal person, with the exception of final customers, who carry out at least one of the following activities: production, transport, distribution, supply, market administration centralised, purchase or storage of natural gas, including LNG, and which has commercial, technical and/or maintenance tasks related to those activities; 68. integrated economic operator in the natural gas sector-economic operator of the natural gas sector integrated vertically or horizontally; 69. integrated economic operator horizontal-economic operator of the natural gas sector that carries out at least one of the activities of production, transport, distribution, supply or storage of natural gas, as well as an activity from outside the natural gas sector; 70. vertically integrated economic operator-economic operator or a group of natural gas operators in which the same person or persons are (are) entitled (entitled), directly or indirectly, to exercise control over and carry out at least one of the activities of transmission, distribution, storage of natural gas, including LNG, and at least one of the natural gas production or supply activities; 71. the natural gas market-the organization framework in which natural gas and associated services are traded; 72. centralized natural gas market-organized framework for natural gas transactions between various economic operators, brokered by a natural gas market operator, based on specific rules approved by the authority competence; ----------- Item 72 of art. 100 100 has been amended by section 41 41 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 73. natural gas balancing market-organized framework for natural gas transactions between various economic operators, brokered by the transmission system operator, based on specific rules approved by ANRE; 74. long-term planning-the long-term planning of the food and transport capacity of the economic operators in the natural gas sector, in order to satisfy the natural gas demand of the system, the diversification of sources and the ensuring the supply of customers; 75. regulated price-the price at which the supply of natural gas is made on the basis of a framework contract, quality standards of service and/or specific conditions established by the competent authority; 76. connection-connecting pipe between a main branch (upstream supply pipe, transmission pipeline, natural gas distribution pipeline) and a measuring station or a station regulating, measuring, teaching natural gas, which can be used. supply a distribution system, one or more final customers; 77. transmission and/or distribution network-the pipeline assembly connected with each other, including the related installations and equipment for the circulation of natural gas, according to the specific technical regulations; 78. capacity reservation-maintaining a part of the available capacity of transport/distribution/storage at the disposal of users in order to transport/distribute/store a quantity of determined natural gas; 79. natural gas sector-all activities carried out by economic operators for the production, transport, storage, distribution and supply of natural gas, biogas, biomethane, LPG, LNG and GNC/GNCV, as well as installations and equipment used to carry out these activities; ----------- Item 79 of art. 100 100 has been amended by section 41 41 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 80. system service-any service necessary for the access and operation of transmission networks, distribution networks, LNG and/or storage facilities, including load balancing, mixing and injection devices inert gas, but excluding installations reserved exclusively for transmission and system operators, distribution or storage in order to carry out their duties; 80 80 ^ 1. public service-activity of general interest in natural gas, authorized, and monitored by a public authority; ----------- Pct. 80 ^ 1 of art. 100 100 has been introduced by section 42 42 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 81. safety-security of natural gas supply and technical security of the objectives; 82 82. system-any transmission, distribution, LNG terminal and/or storage facility operated by an economic operator in the natural gas sector, including their installations through which system services are provided, including the storage in pipelines, as well as the installations of the related economic operators, necessary to ensure access to the transmission system, distribution system, storage warehouse or LNG terminal; 83. transmission system-pipe assembly connected with each other, including the related installations and equipment for the circulation of natural gas, according to the specific technical regulations, ensuring the retrieval of the extracted natural gas from the operating perimeters or those from import and delivery to distributors, direct customers, to storage, and to beneficiaries in various countries; 84. the national transport system (SNT)-the transport system located on the territory of Romania and which is in the public property of the state; 85. interconnected system-a number of systems related to each other; 86. storage in the pipeline-gas storage by compression in natural gas transmission and distribution systems, but excluding the quantities of natural gas reserved by transmission or distribution system operators in order to meet their duties; 87. coastal terminal-the set of installations located on the Black Sea shore, where the natural gas from the submarine exploitation perimeters is ensured, namely the point at which the natural gas meets the technical conditions of quality in order to be marketed; 88. LNG terminal-the totality of facilities required for liquefaction of natural gas or for the import, unloading and regasification of LNG and which includes ancillary services and temporary storage facilities required for the process of re-gasification and subsequent delivery to the transmission system, but which does not include any part of the LNG terminals used for storage; 89. the transport of natural gas-the circulation of natural gas through a network consisting mainly of high pressure pipes, other than an upstream supply pipe network and than that part of the high pressure pipes that is mainly used for the distribution of natural gas at the local level in order to deliver them to customers, but not including supply; 90. system user-the natural or legal person supplying the system or is served by the system; 91. protection zone-the area adjacent to the objectives of the natural gas sector, extended into space, in which prohibitions on the access of persons, the regime of activities and constructions, established by technical norms, are established; 92. safety zone-area adjacent to the natural gas objectives, extended to space, in which restrictions and prohibitions are established, in order to ensure normal operation and to avoid the endangerment of persons, goods and the environment, established by technical rules; the safety zone also includes the protection zone. + Chapter II Authorities and powers + Article 101 Energy strategy and policy in the natural gas sector (1) The national energy strategy defines the objectives of the natural gas sector in the medium and long term and the ways of achieving them, given the sustainable development of the national economy. The energy strategy is developed by the relevant ministry and is approved by the Government, in consultation with non-governmental organizations, social partners and business representatives. ... (2) The energy policy, following the directions established by the energy strategy, is elaborated by the relevant ministry, on the basis of the governing program, for an average time frame and with consideration of likely long-term developments, with consultation of non-governmental organisations, social partners and representatives of the business environment, taking into account mainly: ... a) setting up the appropriate institutional framework by establishing the bodies and the competent authority to carry out this policy; ... b) ensuring security in the supply of natural gas; ... c) forecasting of imports and exports of natural gas; ... d) development of development programs in the natural gas sector; ... e) ensuring environmental protection; ... f) increasing economic and/or energy efficiency in the production, storage, transport, distribution and use of natural gas; ... g) stimulation of the development of natural gas storage capacities, injection/extraction capacities from warehouses and the formation of strategic stocks; ... h) to specify the guidelines on research and development specific to the natural gas sector and to promote advanced technologies in the field; ... i) development of international cooperation. ... (3) The Government, the relevant ministry and other specialized bodies of the central public administration shall take measures to achieve the objectives of the energy policy referred to in paragraph ((2) and shall examine, annually or whenever necessary, the stage of fulfilment of its provisions. ... + Article 102 Tasks of the relevant ministry The relevant Ministry shall develop the natural gas policy and shall ensure that it carries out, under the provisions of this Title, with the following main tasks: a) implement the Government's energy policy; ... b) develop programs and plans of measures for the implementation of Government policy in the natural gas sector; ... c) ensure the development of studies on the basis of which the priorities for investments in the natural gas sector are to be established ... d) develop draft normative acts for the natural gas sector, in consultation with stakeholders; ... e) exercise the quality of concedent for the public service of natural gas distribution; ... ----------- Lit. e) of art. 102 102 has been amended by section 4.2 43 43 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. f) supervise the application and observance of the measures established for environmental protection by the participants in natural gas activities; ... g) ensure harmonisation with European Union standards and regulations in the field of natural gas and create the necessary mechanisms for their application; ... h) ensure the monitoring of compliance with the commitments made by the Treaty of Accession to the European Union for the natural gas sector and coordinate the implementation and implementation of these commitments ... i) develop and substantiate, together with the Ministry of Labour, Family and Social Protection and with employers ' and trade union organizations, social policy proposals specific to the natural gas sector, social and medical assistance programs, risk and accident insurance, in order to avoid occupational risks and rehabilitation of those who have suffered accidents at work and occupational diseases; ... j) monitor the aspects of food safety, in particular on the supply/demand balance on the national market, at the level of the expected future demand and available reserves, at the additional capacity envisaged, planned or under construction, on the quality and level of maintenance of the networks, as well as on the necessary measures to cope with the supply peaks and the supply shortage of one or more suppliers. In this regard, publish every 2 years, until 31 July, a report highlighting the findings made in the monitoring of these issues as well as any measures taken or envisaged for their approach and immediately submit this report. European Commission; ... k) promotes and facilitates, together with ANRE, cooperation between transport and system operators at regional level, including in terms of cross-border aspects, with the aim of creating a competitive internal gas market; this cooperation covers the geographical areas defined in accordance with art. 12 12 para. ((3) of Regulation (EC) No Council Regulation (EC) No 1291/2009 of 715/2009 European Parliament and of the Council of 13 July 2009 on conditions for access to natural gas transmission networks and repealing Regulation (EC) 1.775/2005, 1.775/2005, as well as other geographical areas; ... l) ensure the implementation of the measures provided for in Regulation (EU) No [...] 994/2010 of 20 October 2010 of the European Parliament and of the Council on measures to safeguard the security of gas supply and repealing Council Directive 2004 /67/EC; ... m) endorses, together with the Ministry of Labour, Family and Social Protection, the norms of protection of labor in the natural gas sector; ... n) realize the national action plan in cases of energy poverty, defines critical situations and customers who cannot be disconnected in such situations. ... + Article 102 ^ 1 Regulatory authority ((1) ANRE respects and implements all relevant decisions, with binding legal force, of ACER and of the European Commission, and the Government, the relevant ministry and the other specialized bodies of the central public administration, as the case may be, will take all necessary steps to this effect, in accordance with their duties and powers. ... ((2) ANRE shall cooperate and consult with the other regulatory authorities of the European Union, providing them and ACER with the information necessary to carry out their duties under Directive 2009 /73/EC of the European Parliament and of the Council. European and Council of 13 July 2009 on common rules for the internal market in natural gas and repealing Directive 2003 /55/EC. As regards the exchange of information, ANRE ensures compliance with the same level of confidentiality as that imposed on the issuing authority. ... ((3) ANRE may request the opinion of ACER on the compliance of a decision taken by a regulatory authority with the guidelines referred to in Directive 2009 /73/EC or in Regulation (EC) No [...]. 715/2009 715/2009. ... ((4) ANRE may inform the European Commission, if it considers that a decision relevant to cross-border trade, taken by another regulatory authority, is not in accordance with the guidelines referred to in Directive 2009 /73/EC or in Commission Implementing Regulation (EU) No 715/2009, within 60 days of the date of that decision. ... (5) ANRE shall comply, within 60 days, to a decision of the European Commission that requires the withdrawal/revocation of a decision of ANRE and informs the European Commission accordingly. ... ((6) ANRE approves by order of its president and publishes technical norms that establish the technical safety criteria and the minimum technical requirements for design, execution and operation for the connection to the system of LNG facilities, installations storage, other transport or distribution systems, as well as direct buses. These technical rules ensure the interoperability of systems and are objective and non-discriminatory and shall be notified to the European Commission in accordance with the national legislation in force transposing Directive 98 /34/EC of the European Parliament and of Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and rules on information society services, as amended. ... ((7) ANRE controls, through the authorized persons, the observance of the specifications, characteristics and technical safety criteria of the installations and equipment used in the natural gas transmission and distribution networks, approved with compliance with European legislation. ... ----------- Ar. 102 ^ 1 was introduced by the section. 44 44 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Chapter III Concession and the regime of rights to the property of another + Article 103 Object of concession Public property related to natural gas transmission and storage objectives/systems, as well as transport, storage and natural gas distribution services are subject to concession to legal entities. Romanian or foreign, under the law. + Article 104 Concession of the public natural gas distribution service (1) The public natural gas distribution service shall be awarded for one or more demarcated areas-administrative-territorial units; the concession shall be exclusive to the demarcated areas in which it was granted. ... (1 ^ 1) The quality of contracting authority has the relevant ministry for the public service of national interest referred to in par. ((1). ---------- Alin. ((1 ^ 1) of art. 104 104 has been introduced by section 2 2 of para. ((1) art. 24 of EMERGENCY ORDINANCE no. 20 20 of 23 April 2014 , published in MONITORUL OFFICIAL no. 325 325 of 5 May 2014. (1 ^ 2) The general framework on the legal regime of concession contracts for the public gas distribution service, the procedures for granting concessions, and the framework content of the specification are drawn up by the Authority Contracting, in accordance with the provisions of the law, and is approved by Government decision. ---------- Alin. ((1 ^ 2) of art. 104 104 has been introduced by section 2 2 of para. ((1) art. 24 of EMERGENCY ORDINANCE no. 20 20 of 23 April 2014 , published in MONITORUL OFFICIAL no. 325 325 of 5 May 2014. (2) The relevant Ministry shall initiate the concession award process, following the request received from a person or interested public authority, under the law; the request shall be accompanied by a feasibility study approved by ANRE. ... (3) The feasibility study provided in par. (2) shall be drawn up, in accordance with the provisions of the methodology developed and approved by ANRE, by an economic operator authorized by ANRE, shall be endorsed by decision of ANRE and is an integral part of the concession award documentation. ... (4) The favorable decision of ANRE is mandatory for the initiation of the process of awarding the concession of the public natural gas distribution service. ... (5) The conceding, in collaboration with ANRE, will take the necessary measures so as to ensure, as the case may be, the concession of several neighbouring administrative-territorial units within the framework of a single contract; the competent ministry and the competent authority will follow that the technical solution for feeding the concession area is carried out, as a rule, by means of a single connection. ... (6) In justified conditions, the concedent of the public distribution service, with the prior opinion of ANRE, may decide to extend the concession area for one or more localities belonging to the administrative-territorial unit, from which, for at least one locality, the distribution service has already been leased; the extension of the concession area is carried out by addendum to the concession contract concluded with the concessionaire in that area, defined according to the provisions of par. ((1). ... (7) After the award of the concession, in order to carry out the activity, the concessionaire requests the specific permits/licenses provided by the legislation in force. ... (8) Natural gas applicants located in demarcated areas that are not concessioned can be fed under the conditions provided in art. 152. ... ((9) Operators who hold licences to operate the natural gas distribution system and have concluded contracts for the provision of the public service for the distribution of natural gas with local authorities, assimilated to concession contracts, benefit from all rights and obligations of the concessionaire provided in this Law ... ---------- Alin. ((9) of art. 104 104 has been introduced by section 45 45 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (10) The distribution operator appointed by ANRE to take over the operation of a distribution system, under the conditions of art. 138 138 para. ((1) lit. g), benefit from all rights and obligations of the concessionaire provided in this law. ... ---------- Alin. ((10) of art. 104 104 has been introduced by section 45 45 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 105 Ensuring the execution of works The concessionaire of the public natural gas distribution service must ensure the execution of the works provided for in the concession contract, through its own personnel, authorized according to the ANRE regulations, as well as contract, authorized under the legislation in force. + Article 106 Withdrawal of concession (1) The right of concession may be withdrawn by the concedent in the circumstances in which the holder: ... a) does not carry out the volume of works within the deadlines provided in ... b) does not comply with the essential clauses defined as such by the parties in the contract, which include mandatory clauses on payment of royalties and environmental protection; ... c) systematically violate the conditions of validity of natural gas distribution licences or legislation regarding the operational safety of the objectives. ... (2) The decision to withdraw the concession issued by the concedent can be challenged, within 60 days from the communication, to the competent administrative court. The final decision will be published according to the legal provisions. ... (3) The license of the concession shall be withdrawn by ANRE, under the conditions of termination of the concession contract. ... + Article 107 Termination of the concession contract (1) Upon termination for any reason of the concession contract, the goods related to the public distribution service owned by the concessionaire may be taken over, in whole or in part, by the concedent or by another concessionaire, with the agreement the concedent, in exchange for the payment of a compensation equal to the regulated value left unamortized, established by ANRE ... ((. If the concession contract ceases to be the exclusive fault of the concessionaire, it may not receive compensation from the concedent or other concessionaire, with the exception of a compensation equal to the regulated value left unamortized, established by ANRE. ... + Article 108 Concession rights (1) In order to carry out the transmission or distribution service, in the case of the use of third-party property, the concessionaire shall ... a) use these goods by the effect of the law; ... b) without prejudice to the right provided for in point. a), the conditions for exercising it are those provided for in the minutes of teaching in operation and/or in the contract; ... c) include the costs related to the works of exploitation, maintenance, repair and modernization and others, carried out for goods, when establishing the tariff for the service provided, under the conditions of the specific ANRE regulations; ... d) with the consent of the owner, to take over these goods in his property, with a fair compensation ... e) to develop the system; ... f) to use the full capacity of the good; ... g) ensure the access of new applicants, in compliance with one of the following conditions: ... 1. presentation of owner's acceptance; 2. presentation of the agreement of the applicant for access to the compensation of the owner; the consent of the applicant shall be presumed when he consents in writing, by a genuine act, to compensate the owner for the part he returns from investment made; h) to request the owner of the good technical-economic documents to prove the quality of the materials and works performed, as well as the value of the investment ... i) to replace the goods as a result of needs arising for the purpose of upgrading, increasing the capacity of the system or as a result of increasing the attrition or deterioration thereof; the concessionaire has the obligation to replace these goods in compliance with the regulations approved by ANRE for this purpose; the concessionaire is the owner of the goods ... (2) Corelative with the rights provided in par. (1), transmission/distribution system operators shall: ... a) to finance, at the expiry of the operating period, investments related to the replacement of goods ... b) operate and maintain the goods for the safe operation of the system. ... (3) In order to ensure continuity and safety in the natural gas supply to customers, if the provision of public transport/distribution service is carried out through the property of third parties, it is prohibited the change of destination for which these goods were built. ... + Article 109 Right of use and right of servitude On land and other public property or private property of natural or legal persons, as well as on activities carried out by natural or legal persons in the vicinity of capacities, concession in the gas sector natural persons benefit, under the law, during the works of development, rehabilitation, modernization, respectively of operation and maintenance of the respective capacities, of the following rights: a) the right of use for the execution of the necessary works for the realization, rehabilitation or modernization of the objectives/systems; ... b) the right of use to ensure the normal functioning of the capacity by carrying out the necessary revisions, repairs and interventions; ... c) the right of legal servitude of underground, surface or air passage for the installation of networks, pipelines, lines or other equipment related to the objectives/systems and for the access to their location; ... d) the right to obtain the restriction or termination of activities that could endanger persons and property; ... e) the right of access to public utilities. ... + Article 110 The right of use for the execution In the exercise of the right of use for the execution of the necessary works in order to achieve, rehabilitate or modernize the objectives/systems, the a) to store on privately owned land, to the extent strictly necessary, materials, equipment, machinery and installations; ... b) to abolish crops or plantations or other existing facilities or only to restrict them, to the extent strictly necessary, for the execution of works, under the law; ... c) to extract materials, to capture water, under the conditions provided by the legislation in force; ... d) to install machinery and to work with them, to place offices and site dwellings; ... e) stop or restrict the activities of the owner, to the extent strictly necessary, for the execution of the works for the respective objective/system. ... + Article 111 The right of use to ensure the normal functioning of the objective/system (1) The right of use to ensure the normal operation of the objective/system extends for the duration of its operation, and its exercise is done whenever necessary to ensure the normal functioning of the objective/system. ... (2) In exercising the right provided in par. (. the concessionaire may: ... a) to store materials, equipment, machinery, installations for maintenance, revisions, repairs and interventions; ... b) install machinery and work with them; ... c) to affect crops, plantations or other existing facilities and to restrict the activities of the owner, to the extent and for the duration strictly necessary, in order to execute maintenance, repair, overhaul or intervention operations. ... + Article 112 Right of legal servitude of underground, surface or air passage The legal servitude of underground, surface or air crossing covers the right to installation of networks, pipelines, lines, poles and other equipment related to capacity, as well as access to their location for interventions, maintenance, repairs, revisions, modifications and exploitation, according to the legal provisions in force. + Article 113 Exercise of rights of use and servitude (1) The rights of use and servitude have as their object the public utility, have a legal character, and their content is provided in art. 109 109 and shall be exercised without registration in the land register. ... ---------- Alin. ((1) of art. 113 113 has been amended by section 46 46 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. ((2) The exercise of the rights of use and servitude shall be made on a mandatory basis throughout the existence of the natural gas objective/system, both on the occasion of its realization and on the occasion of the retrofitting of a capacity in operation, repair, overhaul, intervention works, in case of damage, based on the law, without any other prior formality. ... ----------- Alin. ((2) of art. 113 113 has been amended by section 46 46 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. ((3) For the purpose of granting allowances and fair compensation related to the exercise of rights of use and servitude, the holders of licenses and authorizations conclude with the owners of the land affected by the exercise of the rights of use and servitude o the framework convention, the content of which is established by Government decision. ... ----------- Alin. ((3) of art. 113 113 has been amended by section 46 46 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (4) The holders of licences and authorizations shall be obliged to conclude the framework agreements referred to in paragraph 1. (3), within a maximum of 30 days from the request of the affected owners. ... ----------- Alin. ((4) of art. 113 113 has been amended by section 46 46 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (5) If, on the occasion of interventions for development, modernization, repair, overhaul, damage, damage is caused to the owners in the vicinity of natural gas objectives/systems, the concessionaires have the obligation to pay compensation in the law. ... ((6) The compensation shall be determined in accordance with the following criteria: ... a) the area of land affected by the works; ... b) the values for the estimated yields of the affected crops and plantations, communicated by the competent bodies, as well as the works affected by the works; ... c) the circulation value of the affected real estate. ... (7) The amount of compensation shall be determined by the agreement of the parties or, if the parties do not understand, by judicial decision. ... + Article 114 Right to obtain restriction or cessation of activities (1) In order to avoid the endangerment of persons, goods or activities carried out in the area of execution of development, rehabilitation, modernization of objectives/systems, as well as of revision, maintenance or repair to the objective/system in operation, the concessionaire has the right to obtain the restriction or cessation, to the extent necessary and during the works or operations mentioned, of the activities carried out in the vicinity of other people. ... (2) The operator of the distribution system has the right to intervene at any time on natural gas distribution networks in order to carry out repair works as a matter of urgency, in accordance with the ANRE regulations, without being necessary to obtain in advance the opinions and authorisations provided for in this Title in order to remedy those defects which endanger the safety and security of consumers. ... + Article 115 Right of access to public utilities The right of access to public utilities must be exercised by the concessionaire in good faith, without prejudice to the access of other persons to those public utilities. + Article 116 Right to contract the supply or provision of services For the secondary consequences caused or which can be produced by the development, rehabilitation or modernization, respectively by the operation of natural gas objectives/systems, the concessionaire can contract with the interested persons, in quality of beneficiary, provision or provision of appropriate services, under the law. + Article 117 Establishment of protection or safety zones For the normal protection and functioning of the objectives/systems in the natural gas sector, ANRE establishes, through technical norms, protection and their safety zones. + Chapter IV Authorisations and licences + Article 118 Authorisation regime (1) Establishment of new upstream supply pipelines related to natural gas production, as well as new production targets of biogas, biomethane, LNG and GNC/GNCV or new transmission, storage and distribution systems of natural gas. to Romanian or foreign legal entities shall be carried out on the basis of establishment authorizations. ... ----------- Alin. ((1) of art. 118 118 has been amended by section 47 47 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (2) Conduct of natural gas, biogas/biomethane, LNG, GNC/GNCV, LPG, operation of upstream feed pipelines related to the production or storage of natural gas, transmission systems, distribution, LNG terminals, as well as the management of centralized natural gas markets are carried out on a license basis. ... ----------- Alin. ((2) of art. 118 118 has been amended by section 47 47 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (3) The procedure for granting, amending, suspending and withdrawing permits and licenses, the terms and conditions of granting shall be established by regulations developed by ANRE. ... + Article 119 Categories of authorisations and licences The competent authority shall: 1. design/execution/exploitation authorizations for: a) upstream feed pipes; ... b) natural gas transmission systems; ... c) natural gas distribution systems; ... d) installations for the use of natural gas; ... e) installations related to the production/storage activity of GNC/GNCV/biogas/biometan; ... ----------- Lit. e) 1 1 of art. 119 119 has been amended by section 4.2 48 48 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. f) technological surface installations related to natural gas storage; ... g) installations for the use of LPG other than those fitted on motor vehicles. ... ----------- Lit. g) 1 1 of art. 119 119 was introduced by section 4.2. 49 49 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 2. authorizations for establishment: a) upstream feed pipes; ... b) the technological surface installations related to storage, in the case of new deposits; ... c) biogas/biomethan; ... d) natural gas transmission/distribution systems, in the case of new systems; ... e) LNG facilities, CNG, GNCV; ... ------------ Lit. e) 2 2 of art. 119 119 has been amended by section 4.2 50 50 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 3. licenses for carrying out activities of: a) supply of natural gas, biogas/biomethane, LNG, GNC/GNCV, LPG; ... ------------ Lit. a) 3 3 of art. 119 119 has been amended by section 4.2 51 51 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. b) operation of the underground transmission, distribution or storage systems; ... c) operation of upstream feed pipes related to the production of natural gas; ... d) operation of LNG terminals; ... e) management of centralised markets. ... + Article 120 Refusal to grant an authorisation or licence ((1) ANRE may refuse to grant an authorization/license in the following cases: ... a) the applicant does not meet the conditions laid down in the ... b) the applicant is in the procedure of judicial reorganization or bankruptcy; ... c) the applicant has been withdrawn by ANRE an authorization/license in the last 5 years for reasons attributable to him; ... d) for the construction and operation of natural gas distribution systems in a delimited area for which authorization/license of another economic agent was issued. ... (2) The reasons for which an authorization/license is refused must be objective and non-discriminatory, the refusal shall be ordered and motivated by decision of the President of ANRE, the applicant being able to appeal the decision to the court of Administrative litigation, under the law. ... ((. The reasons for refusing to grant an authorisation for establishment shall be notified to the European Commission. ... + Article 121 Design and execution of natural gas sector objectives (1) In order to design, execute and exploit natural gas objectives/systems, legal entities have the obligation to hold permits issued by ANRE under a specific regulation. ... (2) The objectives of the natural gas sector, as well as the modification, modernization or extension of these works, are designed and executed by authorized legal entities. ... (3) In order to design and execute the objectives/systems of the natural gas sector, individuals have the obligation to hold the quality of authorized installer, granted by ANRE on the basis of a specific regulation. ... + Chapter V General provisions on production, transport, distribution, underground storage, supply and administration of centralized natural gas markets + Article 122 Common obligations of licence holders (1) The common obligations of holders of licences in the natural gas sector, regardless of the form of ownership or their legal regime, are as follows: ... a) to keep, in the internal accounting system, separate accounting records by types of activities carried out and for each of the regulated activities, as they would be required to do if those activities were carried out by operators separate economic units, so as to allow the exact coverage of the revenue and expenditure related to each activity, in order to avoid discrimination and cross-subsidies, as well as to encourage competition; they also separate accounting records, which may be consolidated, for other activities in the natural gas sector, as well as for other non-natural gas activities; the revenue resulting from the ownership of the transmission or distribution network shall be specified separately in revenue analytical accounts; the internal accounting records shall include a balance sheet and a profit and loss account for each activity; ... b) prepare, submit for auditing and publish the annual financial statements at the level of economic operator, which do not distinctly include secondary offices without legal personality, according to the specific legislation, adopted in accordance with the Fourth Council Directive 78 /660/EEC of 25 July 1978; ... c) preserve the confidentiality of commercial information obtained from third parties; ... d) not to abuse commercially sensitive information obtained from third parties in the process of ensuring access to the system; ... e) provide the necessary information for third party access to the system in a clear, transparent, easily accessible and at appropriate intervals; ... f) to hold all the permits and licenses provided for by the legislation in force; ... g) comply with the validity conditions associated with the authorizations and licenses granted by ANRE; ... h) use natural gas in compliance with the provisions of art. 181 181; ... i) to provide ANRE, on request, copies of all contracts for the purchase/sale/purchase/supply of natural gas and natural gas transit, as the case may be. ... j) not to abuse the system of information classification and to allow the transparency of public information; ... ----------- Lit. j) a par. ((1) of art. 122 122 was introduced by section 4.2. 52 52 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. k) to provide correctly and completely the data and information requested by ANRE, to fulfill the measures ordered by it and to act on the convocations addressed by ANRE. ... ----------- Lit. k) a par. ((1) of art. 122 122 was introduced by section 4.2. 52 52 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. ((. Economic operators who are not required to publish the annual financial statements shall, at the disposal of the public, keep at their premises a copy thereof. ... (3) The audit activity referred to in par. ((1) lit. b) consists, in particular, of the verification of compliance with the obligation to avoid discrimination and cross-subsidies between activities carried out by the audited economic operator. ... (4) In their internal accounting, economic operators are obliged to set the rules for the allocation of the asset and liability, expenses and income, as well as losses, which they will apply to keep separate records provided for. in par. ((1) lit. a); these rules can only be modified in exceptional cases and must be properly mentioned and justified, according to ANRE regulations. ... (5) Economic operators shall indicate by explanatory notes to the regulated accounting records any transaction made with related enterprises, of a certain importance, according to the ANRE regulations; affiliates, within the meaning of 41 41 of the Seventh Council Directive 83 /349/EEC of 13 June 1983 and/or associated undertakings within the meaning of Article 1 (1 33 33 para. ((1) of the same document and/or undertakings belonging to the same shareholders. ... + Article 123 Natural gas producer The natural gas producer is the natural or legal person who has as specific the activity of production of natural gas, biogas/biomethane or other types of gas, under the conditions of this title. + Article 124 Obligations and rights of the natural gas producer (1) The main obligations of the natural gas producer are: ... a) to hold the permits for the establishment of upstream food pipelines related to the natural gas production activity and their license to operate; ... b) to ensure the operation of upstream food pipelines related to the production of natural gas safely, efficiency and environmental protection; ... c) ensure that third parties have access to upstream power pipes under non-discriminatory conditions, in accordance with specific regulations; ... d) to carry out activities related to the operation of upstream food pipelines, according to the specific regulations developed by ANRE, within the limits of the rights conferred by the validity conditions associated with the license; ... e) to make available to suppliers the quantities of natural gas resulting from the production activity, necessary to cover the consumption of domestic customers, including the quantities for thermal energy producers, only for the quantities of natural gas used in the production of thermal energy in cogeneration plants and thermal power plants intended for the consumption of the population, in accordance with the ANRE regulations and in compliance with the price liberalization schedule and natural gas insurance for them; suppliers and customers non-households benefiting from these quantities have the obligation to respect the destination of these quantities of natural gas; the rest of their own production made by producers, less the amount of natural gas related to the technological consumption defined in art. 100 100 section 35, will be made available to the competitive market; ... ---------- Lit. e) a par. ((1) of art. 124 124 has been amended by section 4.2 1 1 of art. unique from LAW no. 174 174 of 16 December 2014 , published in MONITORUL OFFICIAL no. 919 919 of 17 December 2014, which introduces the new point of art. I of EMERGENCY ORDINANCE no. 35 35 of 11 June 2014 , published in MONITORUL OFFICIAL no. 459 459 of 24 June 2014. f) to ensure the air freshening according to the regulations in force, for the natural gas handed over in the trade-takeover points of natural gas to the customers connected directly in the upstream pipelines, as well as to the systems of distribution. ... (2) The main rights of the natural gas producer are: ... a) to develop technical/commercial norms specific to their own activity and to submit them for approval to ANRE; ... b) to market the natural gas resulting from the extraction process, within the limits of the supply licence; ... c) to interrupt the operation of the facilities during the time strictly necessary for the execution of maintenance and repair works, as well as in other situations provided by law, with the prior announcement of the dispatchers of the affected systems and, where applicable, final customers; ... d) refuse third parties access to upstream food pipelines: ... 1. where there is, as far as technical specifications are concerned, an incompatibility which cannot be resolved in an acceptable manner; 2. in order to avoid difficulties which cannot be overcome in an acceptable way and which could harm the efficient, current and future production of hydrocarbons, including from deposits whose economic viability is low; 3. in order to comply with the reasonable and duly justified needs of the owner or operator of the upstream supply pipeline network, with regard to the transport and processing of natural gas, as well as the interests of all the other users of the upstream supply pipeline network or the main processing and handling facilities that may be affected; 4. in the situations provided in art. 149 149; e) to refuse the connection of third parties to upstream power pipes, according to the provisions of art. 148. ... + Article 125 Natural gas transport (1) Natural gas transport activity is a public service of national interest. ... (2) The transport of natural gas is carried out by the transmission system operator, certified by the competent authority under the law. ... (3) The national transport system is the public property of the state. ... (4) The works of development, rehabilitation, modernization, operation and maintenance of natural gas transport objectives/systems are public utility works. ... (5) The delimitation points of the transport system are from the tap at the entrance to the adjustment-measurement station belonging to the manufacturers or operators of the storage systems, namely the border crossing point, in the case of interconnection pipes to the transport systems of the neighbouring countries, up to the tap at the exit of the adjustment-measurement station belonging to the transport operator, namely the border crossing point, in the case of pipelines interconnection to transport systems in neighbouring countries. ... (6) The transmission system operator has the obligation to develop investment and development plans for the 10-year transmission system, in line with the current state and the future evolution of natural gas consumption and sources, including imports and exports of natural gas. ... (7) The plans will contain the ways of financing and making investments on transport installations, taking into account the plans for the arrangement and systematization of the territory crossed by them, under the conditions of compliance environmental protection rules. ... (8) The plans provided in par. (6) is approved by ANRE. ... ((9) Where the State or other central public body has control over both economic operators carrying out any of the production or supply activities, and of transmission and system operators, or on a transmission system of natural gas or electricity, the Government's decision establishes, on the one hand, the public entity representing the state in the possession of control at economic operators carrying out activities of production and supply in the field of natural gas and in the field of electricity and, on the another part, the public entity representing the state in the possession of control of natural gas and electricity transmission operators. ... ----------- Alin. ((9) of art. 125 125 has been introduced by section 53 53 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. ((10) Any public or private entity, including natural persons designated or in its own name, exercising direct or indirect control over an economic operator carrying out any of the activities of production or supply in the field of natural gas or in the field of electricity does not have the right to exercise control, directly or indirectly, on a transport operator or on a transmission system in the field of natural gas or electricity. ... ----------- Alin. ((10) of art. 125 125 has been introduced by section 53 53 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. ((11) Any public or private entity, including natural persons designated or in its own name, who exercises direct or indirect control over a natural gas transmission system or from the field of electricity shall not be entitled to exercise control, directly or indirectly, of an economic operator carrying out any of the production or supply activities in the field of natural gas or in the field of electricity. ... ----------- Alin. (11) of art. 125 125 has been introduced by section 53 53 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (12) If a transmission system operator has been part of a vertically integrated economic operator, its governing bodies, as well as staff within it, shall be prohibited from transferring the information held, sensitive from the point of view. of commercial view, referred to in art. 130 130 para. ((1) lit. t), to any economic operators in the natural gas sector who carry out production or supply activities. ... ----------- Alin. ((12) of art. 125 125 has been introduced by section 53 53 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (13) Persons who exercise within the transmission system operator and relevant functions under which they have had access to commercially sensitive information are required to maintain their confidentiality and cannot occupy similar functions within economic operators in the field of production or supply of natural gas, for a minimum period of 2 years from the date of termination of contractual relations with the transmission system operator, according to the clauses provided and regulated in the individual employment contract. ... ----------- Alin. ((13) of art. 125 125 has been introduced by section 53 53 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. ((14) ANRE monitors the investment plans of transmission system operators and provides in its annual report an evaluation of these investment plans in terms of their consistency with the plan at Community level of development the network provided for in art. 8 8 para. ((3) lit. b) of Regulation (EC) No 715/2009 715/2009; such an assessment may include recommendations to amend these investment plans. ... ----------- Alin. ((14) of art. 125 125 has been introduced by section 53 53 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 126 Operation of the National Transport System (1) The transmission system operator of the National Transport System shall be organized and operated as an independent system operator and shall be the legal person certified by ANRE under the conditions laid down in art. 128. ... ((2) In the case of certification of a transmission system operator to which the State has control simultaneously with the control of economic operators carrying out production and supply activities in the field of natural gas and in the field of electricity, application for certification, accompanied by the supporting documentation on the fulfilment of the requirements laid down in art. 128, will be submitted to ANRE by the transmission system operator, with the opinion of the owner of the transport system, within 15 days from the date of entry into force of the Government decision provided for in art. 125 125 para. ((9). ... ((3) ANRE shall issue a preliminary certification decision, within 120 days from the date of registration of the request of the transmission and system operator, which shall be notified to the European Commission, accompanied by the related documentation. ... (4) After the expiry of the term provided in par (. the certification shall be deemed to be The tacit certification with regard to the certification of a transmission system operator shall be notified to the European Commission, together with the related documentation. ... (5) The certification procedure of the transmission and system operator shall be completed according to the provisions of art. 3 of Regulation (EC) No 45/ 715/2009 715/2009. ... (6) The appointment of the transmission system operator as an independent system operator is approved by the European Commission following the communication by ANRE of the certified economic operator, after the conclusion of the certification procedure according to para. ((5). ... (7) In addition to the certification decision, the competent authority is obliged to notify the European Commission of any request for certification of the owner of the transmission system or of the transmission system operator, which is controlled by a the person or persons in one or more third countries, and any circumstances as a result of which a person or persons from one or more third countries would acquire control over the transport system or the carrier and the system, if applicable. ... (8) Upon termination of any reason for the concession contract, the goods related to the investments made by the transmission system operator of the National Gas Transport System, as concessionaire, shall be taken over by the owner of the national natural gas transmission system, as a concedent, or by another concessionaire with the consent of the concedent, in exchange for the payment of a compensation equal to the regulated value left unamortized, established by ANRE. ... (9) The independent system operator has the obligation to plan, execute directly or through the economic operators authorized by ANRE and to put into operation the new objectives. ... ----------- Article 126 has been amended by section 6.6. 54 54 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 126 ^ 1 Operation of transport systems other than the National Transport System (1) An economic operator who owns a natural gas transmission system acts as a transmission system operator, as the holder of oil agreement for the transport of natural gas, under the law. ... (2) Before being approved and designated as a transmission system operator, an economic operator that owns a natural gas transmission system must be certified according to art. 126 126 ^ 2. ... (3) The ANRE certification decision shall be published in the Official Gazette of Romania, Part I, and on the website of ANRE. ... ------------ Art. 126 ^ 1 was introduced by item 55 55 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 126 ^ 2 Certification of transmission system operators who own a natural gas transmission system (1) The economic operator who owns a natural gas transmission system shall submit an application to ANRE for the initiation of the certification procedure. ... (2) The certification procedure includes the verification by ANRE of the fulfilment by the economic operator provided in par. ((1) of the following conditions: ... a) the same person or persons does not have/are not entitled to: ... ((i) to exercise, directly or indirectly, control over an economic operator who carries out any of the production or supply activities of electricity or natural gas and to exercise, directly or indirectly, his or her control; exercise any right over a transmission system operator in the field of electricity or natural gas or a transmission system of electricity or natural gas; or (ii) to exercise, directly or indirectly, control over a transmission system operator in the field of electricity or natural gas or a transmission system of electricity or natural gas and to exercise, directly or indirectly, the control or exercise of any right over an economic operator carrying out any of the activities of production or supply of electricity or natural gas; b) the same person or persons are not/are not empowered/empowered to appoint members to the supervisory board, to the board of directors or to other bodies representing the economic operator legally in the case of a transmission system operator or in the case of a natural gas transmission system and also to exercise, directly or indirectly, its control to exercise any right over an economic operator carrying out any of the the production or supply activities of natural gas; and ... c) the same person may not be a member of the supervisory board, the board of directors or other bodies representing the economic operator legally, both in the case of an economic operator carrying out any of the the production or supply activities of natural gas and in the case of a transmission system operator or a transmission system. ... (3) The rights provided in par. ((2) lit. a) and b) include, in particular: ... a) the power to exercise voting rights; ... b) the power to appoint members to the supervisory board, the board of directors or other bodies representing the undertaking legally; or ... c) holding a majority quota. ... ((4) ANRE shall issue a certification decision, within 120 days from the date of registration of the request of the transmission and system operator, which shall be notified to the European Commission, accompanied by the related documentation. ... (5) After the expiry of the period provided for in (. the certification shall be deemed to be The tacit certification with regard to the certification of a transmission system operator shall be notified to the European Commission, together with the related documentation. ... (6) The certification procedure of the transmission and system operator shall be completed according to the provisions of art. 3 of Regulation (EC) No 45/ 715/2009 715/2009. ... (7) An integrated vertical economic operator holding a transmission network shall not be prevented from adopting the measures necessary to implement the model of separation of property in accordance with the provisions of art. 126 ^ 1 para. ((1). ... ----------- Art. 126 ^ 2 was introduced by item 55 55 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 127 Certification of transmission and system operators controlled by third countries ((1) Prior to the certification of a transmission system operator which is controlled by a person or persons from one or more third countries, ANRE shall request an opinion from the European Commission that: ... a) that entity meets the conditions laid down in art. 126 ^ 2 or at art. 128 128, as applicable; and ... ---------- Lit. a) a par. ((1) of art. 127 127 has been amended by section 4.2 56 56 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. b) the granting of certification does not endanger the safety of the European Union's natural gas supply. ... ((2) ANRE refuses the certification of a transmission system operator that is controlled by a person or persons from one or more third countries, in the following situations: ... a) the respective entity does not meet the conditions laid down in 126 ^ 2 or at art. 128 128, as applicable; ... ---------- Lit. a) a par. ((2) of art. 127 127 has been amended by section 4.2 57 57 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. b) the granting of certification may endanger the safety of natural gas supply on the national and European Union territory; upon examination of this aspect, ANRE shall take into account: ... ((i) the rights and obligations of the European Union vis-à-vis that third country under international law, including any agreement concluded with one or more third countries to which the European Union is a party and where matters are addressed related to the safety of natural gas supply; (ii) the rights and obligations of Romania vis-à-vis the third country under the agreements concluded with that third country, insofar as they comply with European Community law; and ((iii) other specific items related to the case or third country involved. ((3) Within two months from the issuance of the opinion by the European Commission, ANRE shall adopt the final decision on certification, taking into account, in the highest degree, this opinion. The ANRE decision is published together with the opinion of the European Commission in the Official Gazette of Romania, Part I, and on the website of ANRE. If the European Commission does not deliver an opinion within two months of receipt of the request or within 120 days if it has requested an additional opinion, it may not have raised any objections. on ANRE decision. ... ----------- Alin. ((3) of art. 127 127 has been amended by section 58 58 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (4) If the final decision of the ANRE differs from the opinion of the European Commission, the reasons for that decision shall be published. ... (5) ANRE may, in any situation, refuse the certification provided in par. ((1) if granting it would jeopardise the safety of natural gas supply in the national territory or in the territory of another Member State of the European Union. ... + Article 127 ^ 1 Joint venture as a transmission system operator Any transmission and system operator or independent system operator, which holds the status of oil agreement holder for the transport of natural gas, under the law, and is certified on the territory of Romania under the conditions of art. 126 126 ^ 2 or 128, as the case may be, may be part of a joint venture consisting of 2 or more economic operators holding transport networks and exercising the role of transmission system operator in two or more Member States, for the transport systems concerned. ----------- Art. 127 ^ 1 was introduced by item 59 59 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 128 Certification conditions of the transmission system operator and system of the National Transport System ----------- The marginal name of art. 128 128 has been amended by section 4.2 60 60 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (. The certification of the transmission system operator shall be carried out if the following requirements are met: ... a) the same person or persons shall not be entitled to: ... ((i) to exercise, directly or indirectly, control over an economic operator who carries out any of the activities of production or supply and at the same time to exercise, directly or indirectly, his or her control to exercise any right over the transmission system operator or a transmission system; or (ii) to exercise, directly or indirectly, the control of the transmission system operator or of a transmission system and to exercise, directly or indirectly, the control or exercise of any right over an economic operator carrying out any of the production or supply activities; b) the same person or persons are not empowered to appoint members to the supervisory board, the board of directors or other bodies representing the carrier and the system legally in the event of a transmission system operator or in the case of a transmission network and also to exercise, directly or indirectly, the control or exercise of any right over an economic operator carrying out any of the activities of production or of natural gas supply; ... c) the same person is not empowered to be a member of the supervisory board, the board of directors or other bodies representing the economic operator from a legal point of view both in the case of an economic operator carrying out any of the production or supply activities and in the case of a transmission system operator or a transmission network; ... d) the transmission system operator shall have the financial, technical, physical and human resources for the performance of its tasks; ... e) the transmission system operator assumes the commitment to comply with a 10-year transmission network development plan approved by ANRE; ... f) the transmission system operator has the capacity to comply with its obligations under Regulation (EC) No [...] 715/2009 715/2009, including with regard to cooperation with other transport and system operators at European and regional level; ... g) the owner of the transmission system and the system meets the requirements of art. 131. ... (2) The rights provided in par. ((1) lit. a) and b) include, in particular: ... (i) the power to exercise voting rights; ((ii) the power to appoint members to the supervisory board, the board of directors or other bodies representing the economic operator legally; or ---------- Lit. ((ii) a par. ((2) has been amended by RECTIFICATION no. 123 123 of 10 July 2012 published in MONITORUL OFFICIAL no. 665 665 of 21 September 2012. (iii) holding a majority quota. (3) For the purposes of paragraph ((1) lit. a), the notion of "economic operator carrying out the activity of natural gas production or supply" also includes the activities of production and supply of electricity, and the terms of "transmission system operator" and "transmission network" include the terms that are used in the same sense in the electricity sector. ... + Article 129 Reassessment of the certification of the transmission system operator (1) The transmission system operator shall notify ANRE any planned transaction that may require a reassessment of its compliance with the requirements of art. 128, as well as any circumstances under which a person or persons from one or more third countries would acquire control over the transport system or the transmission system operator. ... ((2) ANRE may decide a reassessment of the fulfilment by the transmission and system operator of the requirements provided in art. 128 128: ... a) following the notification by the transmission and system operator under the conditions of par. ((1); ... b) ex officio; ... c) at the reasoned request of the European Commission ... + Article 130 Obligations and rights of the transmission system operator (. The transmission system operator shall have the following obligations: ... a) operate the transport system and ensure its residual physical balance, namely the scheduling, dispatching and operation of the safe transport system; ... b) maintain, rehabilitate, modernize and develop the safe, efficient and environmental protection system; ... c) to carry out, maintain and develop a data acquisition, control and acquisition information system, enabling the monitoring and operational management of the operation of the natural gas transmission system; ... d) ensure the access of third parties to the transport system, according to specific regulations, under non-discriminatory conditions, within the limits of transport capacities and in compliance with technological regimes; ... d ^ 1) to develop and transmit to ANRE, in order to approve and publish them, methodologies used to calculate or establish clauses and conditions regarding access to cross-border infrastructures, including allocation procedures capacity and congestion management; ----------- Lit. d ^ 1) a par. ((1) of art. 130 130 was introduced by section 4.2. 61 61 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. e) to ensure the connection of third parties to the transport system, according to specific regulations, within the limits of transport capacities and in compliance with technological regimes; ... f) to carry out activities related to the operation of the system, according to the specific regulations approved by ANRE, within the limits of the rights conferred by the license conditions; ... g) to develop and apply the optimal transport and delivery regimes for the quantities of natural gas notified by network users, for a certain period, according to the contracts concluded; ... h) to develop and update the technical operating agreements in the border area and to transmit them for approval to ANRE, prior to the entry into force; ... i) to draw up and follow the balance of natural gas entered in the system and, respectively, out of the system, according to the ANRE regulations; ... j) to hold in underground warehouses or to ensure the purchase of gas, including from import, for the quantities necessary for the operation and ensuring the physical balance of the transport system, according to the specific regulations approved by ANRE; ... k) to ensure the odorization of natural gas when leaving the SNT, corresponding to the regulations proposed by the transport and system operator and approved by ANRE; ... l) to develop at the request of ANRE and to submit for approval to ANRE the pricing methodologies related to the activity of the provision of balancing services; ... m) to carry out the exchange of information with other interconnected transmission and system operators, LNG and distribution storage operators and other energy collaborators, in compliance with the ENTSO-G regulations on the information exchange protocols, reports, structure and procedures for access to databases; ... n) carry out system services necessary for the access and operation of transport networks; ... o) develop specific regulations necessary to carry out the operational management activity, in consultation with the participants in the natural gas market, which they submit for approval to ANRE; ... p) to develop studies, programs and works on the development of the natural gas transmission system; ... q) ensure the allocation of capacities on interconnection pipelines in compliance with Regulation (EC) No 715/2009 715/2009; ... r) to ensure the application of the rules on congestion management, including on interconnection pipelines, as well as the capacity allocation rules on these pipelines; ... s) to organize and manage the natural gas balancing market; ... s) to ensure the exploitation of natural gas takeover stations from upstream pipelines or storage systems in the transport system, as well as natural gas teaching stations to distribution systems, end customers or storage systems. ... t) ensure adequate means for the performance of public service obligations; ... ----------- Lit. t) a par. ((1) of art. 130 130 was introduced by section 4.2. 62 62 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. t) preserve the confidentiality of commercially sensitive information it has obtained in the course of its activities and prevent the discriminatory disclosure of information relating to its own activities that could induces economic advantages; in particular, it does not disclose any commercially sensitive information to the other parts of the economic operator unless it is necessary for the conclusion of a trade transaction; ... ----------- Letter t) a para. ((1) of art. 130 130 was introduced by section 4.2. 62 62 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. u) acquire the energy it uses to carry out its activities in accordance with transparent, non-discriminatory and market-based procedures. ... ----------- Lit. u) a par. ((1) of art. 130 130 was introduced by section 4.2. 62 62 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (. The operator of the transmission system and the system shall, in particular, have the following rights: ... a) to charge non-discriminatory tariffs, corresponding to the services provided, to limit and/or interrupt the provision of the service, according to the specific regulations; ... b) to refuse third parties access to the transport system, under the law; ... c) to interrupt or limit the transport of natural gas when the safety and integrity of the transport system are endangered, according to the specific regulations; ... d) to interrupt the operation of the facilities for the time strictly necessary, in order to execute maintenance and repair works, as well as in other situations provided by law, with the prior announcement of the dispatchers of the affected systems and, after case, of the customers; ... e) develop technical/commercial/operational norms specific to their own activity and submit them for approval to ANRE; ... f) to develop projects of objective, transparent and non-discriminatory regulations for the physical balancing of the natural gas transmission system, including proposals for the foundation of tariffs to be paid by users of system in case of physical imbalance, and submit them for approval to ANRE; ... g) to store natural gas in the transport system, under the conditions of specific regulations approved by ANRE; ... h) to use, free of charge, the public lands occupied by the objectives related to the transport system, as well as the public property land used for the works of execution, operation, maintenance and repair, including land belonging to the national forest fund, by way of derogation from the provisions of art. 42 42 para. ((1) lit. b) of Law no. 46/2008-Forest Code, with subsequent amendments and completions; ... ---------- Lit. h) a par. ((2) of art. 130 130 has been amended by section 4.2 63 63 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. i) to manage the balancing market in order to ensure the physical balance and to maintain within the operational parameters of the system, with the performance of the respective commercial operations; the commercial records of such operations shall be kept distinct from those on transport activity. ... j) to participate in the trading of natural gas only for the balancing activity of the system, through sales-purchase operations in the balancing market or in other markets, according to the regulations in force and the rules of ENTSO-G. Natural gas transactions are carried out on the basis of transparent and non-discriminatory procedures, through competitive mechanisms, according to the regulations of the competent authority. ... ---------- Lit. j) a par. ((2) of art. 130 130 was introduced by section 4.2. 64 64 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (3) The operation of the pipelines through which the interconnection with the non-member states of the European Union is carried out, as well as the allocation of capacities on them shall be carried out according to the provisions of ... (4) The transmission system operator and the owner of the public transport system shall publish the information on their own activities, necessary for system users, according to the ANRE regulations, in order to ensure efficient access to the system, a effective competition and efficient functioning of the natural gas market, not being allowed to disclose commercially sensitive information obtained during their activities, including those obtained from third parties, in the context of granting network access. ... (5) As the operator of the balancing market, the transmission system operator shall carry out the following activities in order to inform the interested parties: ... a) the management of measuring equipment and the provision of natural gas measurement services for users of the transport system; ... b) the collection, centralization and distribution of data and information to economic operators in the natural gas sector using the transport system for the conduct of commercial operations in order to manage imbalances recorded between the quantities of natural gas contracted and those delivered physically; ... c) elaboration of forecasts of natural gas consumption of customers who do not benefit from daily measurement; ... d) compiling reports and providing statistical data, in accordance with the legislation in force. ... ------------ Alin. ((5) of art. 130 130 has been introduced by section 65 65 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 131 Tasks of the transport system owner (1) Owner of the transport system: ... a) cooperate with the transmission system operator in order to carry out its tasks, providing it with all relevant information; ... b) finance the investments decided by the independent system operator and approved by ANRE or give their consent to be financed by any interested party, including by the independent system operator. The relevant measures on financing are subject to approval by ANRE. Prior to approval, ANRE shall consult both the owner of the assets and other interested parties; ... ----------- Lit. b) a par. ((1) of art. 131 131 has been amended by section 4.2 66 66 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. c) holds liability for the assets of the transmission system, with the exception of liability regarding the duties of the transmission system operator; ... d) provide guarantees to facilitate the financing of any extensions of the system, except for the investments for which it has given its consent to be financed by any interested party, including the transmission system operator, in Lit. b). ... e) is not responsible for the activity of granting or managing third party access to the transmission system organised by the independent system operator and with regard to investment planning; ... ----------- Lit. e) a par. ((1) of art. 131 131 was introduced by section 4.2. 67 67 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. f) preserves the confidentiality of commercially sensitive information it has obtained in the course of its activities and prevents the discriminatory disclosure of information relating to its own activities that could induce economic advantages. In particular, it shall not disclose any commercially sensitive information to the other parties of the economic operator unless it is required for the conclusion of a trade transaction. ... ----------- Lit. f) a par. ((1) of art. 131 131 was introduced by section 4.2. 67 67 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. ((1 ^ 1) The owner of the transmission system, including in the case of a combined system operator, the distribution operator and the remaining part of the economic operator, is prohibited from the use of the common services, for example the use of common legal, with the exception of purely administrative or IT services. ----------- Alin. ((1 ^ 1) of art. 131 131 has been introduced by section 68 68 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (2) The Competition Council, in cooperation with ANRE, shall be empowered with all necessary powers to effectively monitor compliance by the owner of the transport system with its obligations under par. ((1). ... ((3) ANRE monitors the relations and exchanges of information between the owner of the transmission system and the independent system operator, in order to guarantee compliance by the latter with its obligations, and in particular approve the draft contracts to be concluded between them and act as the dispute resolution authority between the independent system operator and the transmission system owner of the complaints submitted by any of the they, according to art. 174 174 para. ((11). ... ----------- Alin. ((3) of art. 131 131 has been introduced by section 69 69 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 132 Separation of transmission system owner ((. Where the owner of the transmission system is part of an integrated vertical economic operator, the owner of the transmission system shall be independent at least as regards its legal status, organisation and process. decision-making over other activities not related to the transport of natural gas. ... (2) In order to ensure the independence of the owner of the transport system under the (1), the following criteria shall apply: ... a) persons with management function of the transmission system owner may not be part of the structures of the integrated natural gas economic operator responsible, directly or indirectly, for the daily management of the activities of production, distribution and supply of natural gas; ... b) persons with management function within the owner of the transport system act independently of any market interest in the performance of their duties; ... c) the owner of the transmission system establishes a compliance program, which contains the measures taken to guarantee the exclusion of discriminatory practices and also establishes the specific obligations imposed on employees to achieve the objective of independence; ... d) the owner of the transport system designates a person or body, called a compliance agent, to ensure adequate monitoring of compliance with the compliance program and which submits to ANRE in December of each year a report on the measures taken, a report that is published on the website of the transport and system operator. ... (3) The owner of the transmission network shall submit for approval to ANRE all draft contracts to be concluded with the transmission system operator, including those related to the use of existing goods, as well as those made as a result of investments in the transport network. ... ((4) Persons who have exercised in the transport and system operator functions of management or other relevant functions under which they have had access to sensitive commercial information, defined according to the law, cannot occupy similar functions in the framework of economic operators in the field of production and/or supply of natural gas, for a period of at least 6 months from the date of termination of contractual relations with the transmission system operator. ... + Article 133 Prohibition on the control of transmission system operators Economic operators carrying out any of the natural gas production or supply activities shall be prohibited from, directly or indirectly, from exercising control or exercising any right with regard to transport operators and separate system from other European Union states applying the provisions of art. 9 9 para. (1) of Directive 2009 /73/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in natural gas and repealing Directive 2003 /55/EC. + Article 134 Natural gas distribution (1) The distribution of natural gas shall be carried out by the distribution operator. ... ((. The distribution system operator shall provide the distribution service for all users of the distribution system, under non-discriminatory conditions, by providing access to it to any applicant who fulfils the requirements of this Title, with compliance with the rules and performance standards set out in the technical regulations in force ... ((. Delimitation of a distribution system shall be carried out, as appropriate: ... a) the production objectives from the tap at the exit of the adjustment-measurement-teaching station of the manufacturer; ... b) the transport system from the exit of the adjustment-measurement station-teaching of the transport operator; ... c) other distribution system from the exit of the adjustment/measurement station between the distribution operators; ... d) by the final customers at the exit of the adjusting/measuring stations/stations or, as the case may be, the exit from the connection tap to their use facilities. ... + Article 135 Character of distribution activity The natural gas distribution activity, with the exception of that achieved by the closed distribution systems, constitutes a public service of general interest. + Article 136 Independence of the distribution operator (1) If the distribution operator is part of an integrated vertical economic operator, it must be independent at least as regards its legal form, organisation and decision-making, in relation to the other activities not related to distribution; this rule does not create an obligation to separate ownership of assets belonging to the distribution operator to the vertically integrated economic operator. ... ((. In order to ensure the independence of the distribution operator which is part of an economic operator integrated vertically from the other activities carried out by the latter, the following criteria shall apply: ... a) persons who provide the management of the distribution operator may not be part of the structures of the vertically integrated operator that respond, directly or indirectly, to the management of the natural gas production, transport and supply activities; ... b) taking appropriate measures to ensure that the professional interests of the persons responsible for the management of the distribution controller are taken into account, in a manner likely to ensure the independence of the action of the ... c) the distribution operator has the right to take decisions, effectively, independently of the vertically integrated economic operator, with regard to the assets necessary for the operation, maintenance or development of the distribution system; to perform these tasks, the distribution operator has the necessary resources, including human, technical, financial and physical resources; it must not affect the existence of appropriate coordination mechanisms which must ensure that the economic and managerial surveillance rights of the parent company with respect to the return on assets by the subsidiary; these mechanisms will specifically allow the parent company to approve the annual financial plan or any equivalent instrument of the distribution operator and establish the overall debt limits of the subsidiary; however, the parent company will not be allowed to give instructions on current operations nor on individual decisions considering the construction or upgrading of the objectives of the distribution not exceeding the terms set out in the approved financial plan or any other equivalent instrument; ... d) the distribution system operator must establish a compliance programme, in which it presents the measures taken to ensure the exclusion of any discriminatory behaviour and ensures that its compliance is adequately monitored; this the program must also present the specific obligations of the employees to achieve this objective; the person or body responsible for monitoring the compliance program, called a compliance agent, the month of December of each year, a report containing the measures taken; compliance of the distribution operator is completely independent and has access to all information of the distribution operator or of any economic operator affiliated, which are necessary in order to fulfill its attribution. ... (3) The vertically integrated distribution operators must not, in their communication and advertising activities, create confusion regarding the separate identity of the supply subsidiary within the vertically integrated economic operator. ... (4) I am an exception to the provisions of para. ((1)-(3) economic operators carrying out natural gas distribution activities and serving a number of not more than 100,000 final customers. ... + Article 137 Obligation to maintain confidentiality (1) The distribution operator shall be obliged to maintain confidentiality on commercially sensitive information obtained during the course of its business. ... (2) The distribution operator is obliged to prevent the discriminatory disclosure of information on its own activity, which may be commercially advantageous. ... + Article 138 Obligations and rights of the distribution operator (. The natural gas distributor shall have the following obligations: ... a) to operate, maintain, repair, modernize and develop the safe distribution system, economic efficiency and environmental protection, the activities to be carried out on the basis of specific permits for design and the execution of natural gas distribution systems and the operation to be carried out on the basis of the distribution licence; ... b) to ensure the odorization of natural gas corresponding to the regulations approved by ANRE, based on the service contracts concluded with the upstream operator, and, where appropriate, by additional odorization in the distribution system; ... c) carry out interconnections with other systems, as appropriate, and ensure the capacity of the long-term distribution system; ... d) ensure the access of third parties to distribution systems, under non-discriminatory conditions, within the limits of distribution capacities, in compliance with technological regimes, according to the specific regulations developed by ANRE; ... d ^ 1) to ensure the connection of third parties to the distribution system, according to specific regulations, within the limits of distribution capacities and in compliance with technological regimes; ----------- Lit. d ^ 1) a par. ((1) of art. 138 138 was introduced by section 4.2. 70 70 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. e) to draw up and follow the balance of natural gas entered and out of its own system, respectively; ... f) avoid cross-subsidisation between categories of final customers on the distribution of costs; ... g) to take over for a fixed period, but not more than 2 years, at the request and according to the ANRE regulations, the operation of a distribution system if the original operator was withdrawn the distribution license or was terminated the concession contract; ... h) ensure the permanent balance of the operated system; ... i) to ensure the security conditions in the natural gas supply; ... j) carry out activities related to the operation of the system, according to the specific regulations developed by ANRE, within the limits established by the validity conditions associated with the license ... k) to develop and send ANRE the 5-year investment plans of the systems they operate; these plans are updated annually by the operator until the end of December and are approved by ANRE. ... (2) The natural gas distribution operator mainly has the following rights: ... a) to carry out commercial activities related to the natural gas distribution service; ... b) to collect the value of the tariffs corresponding to the services provided, to limit and/or interrupt the provision of the service, according to the specific regulations; ... c) interrupt the operation of the objectives of the distribution system and the natural gas supply to customers for the time strictly necessary for the execution of maintenance and repair works, as well as in other situations provided by this title or in force majeure, with prior announcement of the dispatchers of the affected systems and, as the case may be, of customers ... d) to use, free of charge, the local public lands occupied by the objectives of the distribution system, as well as for the execution of works of execution, operation, maintenance and repair, under the law; ... e) repealed; ... ---------- Lit. e) a par. ((2) of art. 138 138 has been repealed by section 6.6. 71 71 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. f) to stop the natural gas supply of the use facilities, in a situation where there is a danger of explosion and safety in operation is affected; ... ----------- Lit. f) a par. ((2) of art. 138 138 has been amended by section 4.2 72 72 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. g) to store natural gas in distribution systems, according to the regulations approved by ANRE; ... h) to refuse the connection to the distribution system under the conditions of art. 150 150; ... i) to develop technical/commercial norms specific to their own activity and to submit them for approval to ANRE; ... j) in the case of interference by unauthorized persons on the property-limit-measurement facilities, which endanger the safety of natural gas supply, the distribution operator is entitled to interrupt the supply, in accordance with the specific regulations of ANRE. ... (3) When a distribution operator responds to the balancing of the natural gas distribution system, it is required to develop objective, transparent and non-discriminatory rules for balancing the operated system, including rules of the tariff classification of system users in the event of an imbalance in the system. The conditions, including rules and tariffs, applicable to the provision of balancing services by the distribution operator shall be established in a non-discriminatory manner and taking into account costs, in accordance with a methodology approved by ANRE, and shall be published. ... ----------- Alin. ((3) of art. 138 138 has been introduced by section 73 73 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 139 Closed distribution system (1) The closed distribution system is that system by which natural gas is distributed in a common industrial, commercial or service area, geographically limited and which, without prejudice to the provisions of par. ((4), it does not supply domestic customers, if, for reasons of technological organization, the activities carried out by the users of that system are integrated or the system provides natural gas mainly to the owner of the system, the system operator or an economic operator affiliated to them, as appropriate. ... (2) Obligations regarding the development of the distribution system, provided in art. 138 138 para. ((1) lit. c), g) and k), are not applicable to the operator of a closed distribution system. ... ((3) The tariffs for the distribution service from a closed distribution system or the methodologies underlying their calculation are approved by ANRE, at the request of the operator of the closed distribution system. ... (4) The exemption provided in par. ((2) apply also if in the area served by a closed distribution system are located domestic customers, only if they are in a work report or in a form of association with the owner of the distribution system at the time Connection. ... (5) The establishment, respectively the operation of a closed distribution system, is carried out by the authorization of establishment, respectively on the basis of license, granted by ANRE. ... + Article 140 Natural gas storage (1) Natural gas storage shall be carried out by the storage operator. ... (. Natural gas shall be stored for the purpose of: ... a) ensuring security in the natural gas supply to final customers; ... b) harmonization of variations in seasonal, daily and hourly consumption with available gas sources; ... c) permanent insurance of the physical balance of the SNT; ... d) realization of other commercial activities. ... + Article 141 Independence of the storage operator (1) A storage operator who is part of an integrated vertical economic operator must be independent at least in terms of legal form, organisation and decision-making over other activities which have not been established. connection with transport, distribution or storage. ... (2) Provisions of para. ((1) shall only apply with regard to storage facilities which are technically and/or economically necessary to ensure efficient access to the system for the purpose of supplying customers, in accordance with the specific regulations. ... ((3) In order to ensure the independence of the storage operator vis-à-vis the vertical integrated economic operator of which it is a party and which carries out at least one of the production or supply activities, the following criteria shall apply: Minimum: ... a) the persons who provide the management of the storage operator may not be part of the structures of the vertically integrated economic operator responsible, directly or indirectly, for the coordination of the production and supply of natural gas; ... b) appropriate measures must be taken to ensure that the professional interests of the persons with management functions within the storage operator are taken into account, so as to ensure that they have the opportunity to act independently; ... c) the storage operator has sufficient decision-making powers, independently of the parent company, on the elements of assets necessary for the operation, maintenance or development of storage facilities; prevent the existence of appropriate coordination mechanisms guaranteeing the protection of the economic and supervisory rights of the parent company's management of the return on assets of a subsidiary; the right to approve the annual financial plan of the storage operator or any equivalent document and set out global limits on the level of indebtedness of its subsidiary; the parent company has no right to give instructions on current management, nor on individual decisions relating to the construction or the upgrading of storage facilities, which do not exceed the limits of the approved financial plan or any equivalent document; ... d) the storage operator establishes a compliance program, which contains the measures taken to guarantee the exclusion of discriminatory practices and also establishes the specific obligations imposed on employees to achieve the objective of independence; ... e) the storage operator shall designate a person or body, referred to as a compliance agent, to ensure that compliance with the compliance programme is adequately monitored and transmitted to the competent authority in December of each year. a report on the measures taken, which shall be published on the website of the storage operator. ... + Article 142 Obligations and rights of the storage operator (. The storage operator shall, in particular, have the following obligations: ... a) to operate, maintain, rehabilitate and modernize the surface technological installations related to storage warehouses, safe, efficient and environmental protection; ... b) to ensure the access of third parties to storage warehouses, based on objective, transparent and non-discriminatory criteria, according to ANRE regulations; ... c) publish the list of storage facilities or parts thereof which are offered for access to third parties; ... d) provide information to users of the storage system necessary for efficient access to the system; ... e) to develop and send ANRE the 5-year investment plans of the systems they operate; these plans are updated annually by the operator until the end of December and are approved by ANRE. ... f) ensure adequate means for the performance of public service obligations. ... ----------- Lit. f) a par. ((1) of art. 142 142 was introduced by section 4.2. 74 74 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (2) The operator of the storage warehouse has, mainly, the following rights: ... a) to collect the tariff related to the provision of the underground storage service of natural gas, to limit and/or to interrupt the provision of the service, according to the specific regulations; ... b) to develop technical/commercial norms specific to their own activity and to submit them for approval to ANRE; ... c) to interrupt the operation of the facilities for the time strictly necessary, in order to execute maintenance and repair works, as well as in other situations provided by law, with the prior announcement of the dispatchers of the affected systems and, after case, of the customers; ... d) to justifiably refuse the access of third parties to storage depots, under the law. ... (3) The storage operator shall maintain the confidentiality of commercially sensitive information that it has obtained in the course of its business and prevent the discriminatory disclosure of information relating to its own activities that could induce economic advantages. In particular, it shall not disclose any commercially sensitive information to the other parties of the economic operator unless it is required for the conclusion of a trade transaction. ... ------------ Alin. ((3) of art. 142 142 has been amended by section 75 75 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 143 Obligations and rights of the natural gas supplier (1) The natural gas supplier has, in principal, the following obligations: ... a) to conclude contracts for the acquisition of natural gas, so as to ensure the coverage of consumption for its customers; ... b) to pay the value of the natural gas purchased, according to the contracts concluded; ... c) to carry out the activity of supply of natural gas on the basis of commercial contracts concluded according to ANRE regulations; ... d) comply with the performance standards for the natural gas supply activity; ... e) to promptly and freely make available to final customers the relevant data on consumption, using at their request the easy-to-understand, harmonized presentation format at national level, established by ANRE; ... f) to set up single contact points for informing the final customers about their rights, to the legislation in force and to the means of dispute resolution in case of requests, complaints, complaints, complaints or appeals. The single point of contact is constituted by a central point that coordinates the regional/local information points, which are easily accessible, and in the case of domestic customers they are located at a distance of not more than 50 km from the place of consumption and to provide end customers with information free of charge; ... g) to allow customers, free of charge, the effective change of the natural gas supplier within 21 days from the date of the request and to transmit to them a final liquidation statement, within a maximum of 42 days after the change supplier; ... h) to conclude with final customers contracts that provide for fair contractual conditions and at least the information provided in art. 145 145 para. ((4) lit. b) and to send a copy of the contract to the final customer before the conclusion or confirmation of its conclusion. When the contract is concluded by intermediaries, the information provided in art. 145 145 para. ((4) lit. b) are also offered before the conclusion of the contract; ... i) to notify the final customers accordingly of any intention to modify the contractual clauses, as well as to any increase in the price/tariff charged, as the case may be, directly and in a timely manner, but no later than the end of the first normal billing period following the entry into force of the increase in a transparent and understandable manner; ... j) to inform the final customers, at the time of the notification provided in i), with regard to the right to terminate the contract, if it does not accept the new notified conditions; ... k) to send to final customers transparent information on prices/tariffs charged, as the case may be, as well as on the general conditions of access and use of the services offered by him; ... l) make available to end customers a wide range of payment methods, which do not create unjustified discrimination between customers. Early payment systems must be fair and adequately reflect the likely consumption. Any difference in terms of terms and conditions of payment systems shall reflect the costs incurred with these different payment systems. The general conditions must be fair and transparent, presented in a clear and understandable language, and do not include non-contractual barriers to the exercise of customer rights, such as excessive contractual documentation; ... m) not to use unfair or deceptive commercial practices; ... n) provide final customers with a high standard of service and complaint resolution; ... o) inform the customers connected to the natural gas objectives/systems regarding their rights to be supplied with natural gas of a specified quality, at reasonable prices, according to the legal provisions in force; ... p) to inform the final customers accordingly about their actual consumption of natural gas and the related real costs, frequently enough so that they have the possibility to adjust their own natural gas consumption. This information shall be communicated at appropriate intervals, taking into account the capacity of the measuring equipment of the final customer and the cost-benefit ratio of these measures, without charging the final customers with additional costs. for this service; ... q) to store natural gas at the necessary levels to ensure continuity in the natural gas supply to its customers, in accordance with the legal provisions in force. ... ----------- Alin. ((1) of art. 143 143 has been amended by section 76 76 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (2) The natural gas supplier mainly has the following rights: ... a) to collect the value of the natural gas provided, according to the contracts concluded with the customers; ... b) to collect the value of natural gas provided as a last resort, according to ANRE regulations; ... c) limit and/or stop the supply of natural gas to customers, under the conditions specified in the contracts. ... (3) Natural gas quantities representing the minimum stocks to be stored by each supplier, according to par. ((1) lit. q), will be established annually, in transparent and non-discriminatory conditions, by decision of the President of ANRE, in accordance with the ANRE specific regulations, so as to ensure an appropriate level of internal consumption, under conditions of continuity and safety. ... ---------- Alin. ((3) of art. 143 143 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 28 28 of 28 June 2016 published in MONITORUL OFFICIAL no. 487 487 of 30 June 2016. + Article 144 Obligations of the last resort supplier (1) The supplier of last resort has the obligation to ensure the supply of natural gas to final customers, in accordance with the ANRE regulations, at prices regulated by ANRE. ... (2) The supplier of last resort has the obligation to provide, according to the regulations issued by ANRE, natural gas to the final customers whose supplier is in a position to withdraw the supply license during the activity or in any other situation identified by ANRE in which the final customers did not ensure the supply of natural gas from any other source. ... + Article 145 Obligations and rights of the final natural gas customer (1) The final customers have the obligation to pay the invoices representing the value of the services provided by the system provider/operator, within the period and under the conditions provided for in the contract concluded with him. ... (2) For the non-fulfilment of contractual obligations, other than the payment obligation of the final customer, the party at fault pays the other party damages until full coverage of the damage caused, in accordance with the provisions stipulated in contract. ... (3) In the case of intervention on a system in the natural gas sector, including a facility for use, which endangers the safety of natural gas supply, the operator of the system/installation shall be entitled to interrupt the supply, in accordance with the specific regulations of ANRE. In the case of finding, according to the legal provisions in force, actions designed to distort in any way the indications of measuring equipment or to evade natural gas by bypassing the measuring equipment, the supplier is entitled to require the final customer to set up financial guarantees for an equivalent period of consumption not exceeding one year. The refusal to establish these guarantees entitles the supplier to request the transmission/distribution operator to discontinue the final customer's supply. ... ----------- Alin. ((3) of art. 145 145 has been amended by section 77 77 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (. Natural gas final customers shall have the following rights: ... a) have access to the natural gas sector objectives/systems under the law and be informed, when connected to them, of their rights to be supplied with natural gas of a specified quality, at prices reasonable, according to legal provisions in force; ... b) without prejudice Law no. 193/2000 ... , republished, with subsequent amendments and completions, and Government Emergency Ordinance no. 34/2014 , to conclude with the natural gas supplier a contract providing for a fair contractual terms/clauses and containing at least the following information: ((i) the supplier's identity and address (ii) the services offered, the quality of the services offered, as well as the deadline for starting the contract, namely the deadline provided for the start of the initial natural gas supply, as the case may (iii) the types of maintenance services offered, where applicable, by contract; ((iv) the means by which up-to-date information on all applicable prices/charges may be obtained, including those for maintenance, as appropriate; (v) the duration of the contract, the conditions of renewal/extension and interruption of services and of the contract and whether the right to denounce the contract is free of charge; (vi) any compensation/compensation and the method of reimbursement applicable in case of non-compliance with the quality of the services provided for in the contract, including in the case of inaccurate invoicing and late ((vii) the arrangements for the initiation of dispute settlement procedures in accordance with point (a). j); (viii) information on the rights of customers, including on the resolution of complaints and all the information referred to in point b) clearly communicated by means of invoices or on the websites of these economic operators; c) to receive free of charge from the natural gas supplier a copy of the contract containing at least the information provided in lett. b) before the conclusion or confirmation of its conclusion. When the contract is concluded by intermediaries, the information referred to in lett. b) shall also be received before the conclusion of the contract; ... d) to request the supplier/system operator to modify and complete the contract concluded with him, when new elements appear or when he considers it necessary to detail or supplement some contractual clauses, in accordance with the provisions legal effect; ... e) be duly notified of any intention to modify the contract, as well as any increase in the price/tariff, directly and in a timely manner, but no later than the end of the first normal period of invoicing that follows the entry into force of the increase, in a transparent and understandable way, as well as being informed, at the time of notification, of the right to denounce the contract, if it does not accept the new conditions; ... f) denounce the contract if it does not accept the new conditions notified by the natural gas supplier; ... g) to be provided with a wide range of payment methods, allowing them to meet their obligations to pay the bill, payment obligations provided for in the contract and which do not create unjustified discrimination between customers. Early payment systems must be fair and adequately reflect the likely consumption. Any difference in terms of terms and conditions of payment systems shall reflect the costs incurred by the supplier for the different payment systems. The general conditions must be fair and transparent, presented in clear and understandable language, and must not include non-contractual barriers to the exercise of customer rights, such as contractual documentation. excessive. Customers are protected against unfair or deceptive trade practices; ... h) to change their supplier free of charge, in compliance with the contractual conditions/clauses, within 21 days from the date of the request, according to a procedure approved by ANRE, which mainly establishes the stages of the process of change of the supplier, the method of extinguishing the payment obligations due by the final customer to the supplier to be changed, the data that may be requested by the end customer or the new supplier in the process of change, as well as the system operators who are obliged to provide them; ... i) to receive a final liquidation statement, after the change of the natural gas supplier, within a maximum of 42 days from the change of the supplier; ... j) to benefit from transparent, simple and at the lowest cost of handling complaints. All end customers are entitled to a high standard of service and complaint handling by their natural gas supplier. Such out-of-court dispute settlement procedures must allow for their correct and prompt resolution, within a maximum of 90 days, and provide, in all justified cases, a system of reimbursement and/or compensation; these procedures should, where possible, comply with the principles set out in Recommendation 98 /257/EC; these procedures shall be drawn up in compliance with a framework procedure issued by ANRE; ... k) to receive transparent information on applicable prices/tariffs, as well as on the general conditions of access and use of the services offered by the natural gas supplier; ... l) to request the supplier to interrupt the supply of natural gas, if the interruption is related to the safe operation of the facilities of the final customer or the system operator; ... m) to ask the provider/system operator that when technical deficiencies are found to take measures to ensure safety parameters in the supply of natural gas; ... n) to request and receive the penalties incurred by the supplier/system operator for the non-fulfillment of obligations, in accordance with the provisions of the performance standards; ... o) to request and receive, without being charged additional costs for this service, all relevant data on their own consumption or to empower any licensed provider, on the basis of an explicit and free agreement, to have access to the measurement data, the system operator responsible for the management of such data, having the obligation to provide it. ANRE provides access to the data on the consumption of final customers, establishing, for optional use, a format for presenting these data, easy to understand, harmonized at national level, as well as how to access customers the final and the suppliers to them; ... p) be properly informed about their actual consumption of natural gas and the related real costs, frequently enough so as to have the possibility to adjust their own natural gas consumption. This information is communicated by the supplier at appropriate time intervals, taking into account the capacity of the final customer's measuring equipment and the cost-benefit ratio of these measures, without it charging customers Additional costs for this service. ... ------------ Alin. ((4) of art. 145 145 has been amended by section 78 78 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (5) Final customers have no right to sell natural gas. ... + Article 146 Obligations and rights of the natural gas market operator (1) The natural gas market operator shall be the licensed holder of the licensed natural gas markets, with the exception of the balancing market, with a view to trading natural gas in the short, medium-term and long, according to regulations issued by the competent authority ... (2) The operator of the natural gas market is not allowed to disclose the information related to the natural gas transactions he owns, obtained during his activity, otherwise than under the law. ... (3) The prices established on the centralized natural gas markets shall be made public according to the ANRE regulations. ... + Chapter VI Access and connection to the network + Article 147 Third party access to the network Third-party access to upstream power pipelines, transmission systems, storage depots, LNG systems and natural gas distribution systems shall be carried out in a regulated regime. + Article 148 Regime of connection to targets in the natural gas sector (1) The connection of third parties to upstream power pipelines, transmission systems, storage depots, LNG facilities/terminal and natural gas distribution systems shall be carried out in a regulated manner, according to the specific regulations developed by ANRE. ... ----------- Alin. ((1) of art. 148 148 has been amended by section 79 79 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. ((2) The connection to the upstream feed pipes and to the transport system is allowed to the following categories of applicants: ... a) the holders of the concession contracts of the public natural gas distribution service, in order to fulfill their contractual obligations in this capacity; ... b) LNG terminal operators; ... c) operators of underground storage of natural gas; ... d) new industrial customers; ... e) economic operators holders of the distribution license; ... f) natural gas producers; ... g) repealed; ... ---------- Lit. g) a par. ((2) of art. 148 148 has been repealed by section 6.6. 1 1 of art. unique from LAW no. 174 174 of 16 December 2014 , published in MONITORUL OFFICIAL no. 919 919 of 17 December 2014, which introduces the new point of art. I of EMERGENCY ORDINANCE no. 35 35 of 11 June 2014 , published in MONITORUL OFFICIAL no. 459 459 of 24 June 2014. + Article 149 Refusal of access (1) The refusal of third party access to natural gas objectives/systems may be made in the following situations: ... a) the objective/system capacity is insufficient; ... b) access to the system prevents the performance of public service obligations and operational safety; ... c) access to the system can lead to serious economic and/or financial difficulties related to take-or-pay contracts for the license holder/authorization to which access is requested; ... d) the quality of natural gas to be introduced into systems and/or warehouses does not meet the requirements imposed by the regulations in force. ... (2) The refusal of access to the system shall be materialised by a document called "Access Refuse", which shall necessarily include the grounds for refusal. ... + Article 149 ^ 1 Derogations regarding payment commitments made by take or pay contracts ((1) Where an economic operator in the natural gas sector faces or considers that he faces serious economic and financial difficulties due to the payment commitments made by take or pay contracts, commitments accepted by one or more of its natural gas purchase contracts, it may address ANRE a request for a temporary derogation from the application of the provisions of art. 147 and 148. ... (2) The request for derogation may be submitted to ANRE either before or after refusal of access to the system. If the economic operator in the natural gas sector has refused access to the system, the application shall be submitted immediately. ... (3) The application must be accompanied by all relevant information on the nature and importance of the problem, as well as on the efforts made by the economic operator, namely to solve the problem ... (4) The decision on the application for a derogation relating to take or pay contracts concluded before 4 August 2003 should not lead to situations which make it impossible to find alternative, viable market outlets economically. ... (5) The application shall not be accepted if natural gas sales do not fall below the level of minimum demand guarantees included in take or pay natural gas purchase contracts or to the extent that such contracts may be adapted, i.e. the operator The economic sector in the natural gas sector is able to find alternative outlets. ... ((6) ANRE shall consider the request for derogation taking into account the following criteria: ... a) the objective of achieving a competitive market for natural gas; ... b) the need to meet public service obligations and to guarantee the safety of food; ... c) market position of the economic operator in the natural gas sector and the real situation of competition in this market; ... d) the gravity of the economic and financial difficulties faced by economic operators in the natural gas sector and the transport and system operator or eligible customers; ... e) the dates of signature and terms of the contract or contracts in question, including the extent to which they take account of changes in the market; ... f) the due diligence to solve the problem; ... g) the extent to which, in the case of acceptance of the payment commitments in question assumed by take or pay contracts, the economic operator could have provided, in a reasonable manner, taking into account the provisions of this law, the possibility the occurrence of serious difficulties; ... h) the degree of connection of the system with other systems and the degree of interoperability of these systems; ... i) the effects on which the granting of a derogation would have on the correct application of the provisions of this Law on the proper functioning of the internal market for natural gas ... ((7) If there are no reasonable alternative solutions and, in view of the criteria referred to in par. ((6), ANRE may decide to grant a derogation. ... ((8) ANRE shall immediately notify the European Commission of the decision granting the derogation, providing, in a consolidated form, all relevant information on that derogation. ... (9) If the European Commission requests ANRE to amend or withdraw the decision granting the derogation, it shall comply within 28 days. ... ((10) Any derogation granted under the above provisions shall be duly substantiated and shall be published in the Official Journal of the European Union. ... (11) Economic operators in the natural gas sector who have not been granted a derogation, within the meaning referred to in this Article, shall not refuse or continue to refuse access to the system because of the payment commitments made under the contracts purchase of natural gas type take or pay. ... ----------- Art. 149 ^ 1 was introduced by item 80 80 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 150 Refusal of connection The refusal of connection to the objectives/systems of the natural gas sector can be done in the following situations: a) the objective/system capacity is insufficient; ... ----------- Lit. a) of art. 150 150 has been amended by section 81 81 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. b) there are no objectives/piping parts of the systems to which the connection is to be made; ... c) in case of non-fulfilment of the obligation to pay the connection tariff. ... + Article 151 Financing of works to achieve the objectives/pipelines necessary for the connection (1) The distribution operator or the transmission system operator shall not refuse the connection to the system and shall be obliged to finance the works if the achievement of the objectives/pipelines necessary for the connection is economically justified. ... ----------- Alin. ((1) of art. 151 151 has been amended by section 82 82 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (2) If the achievement of objectives/pipelines, other than those provided in par. ((1), it is not economically justified for the distribution operator or transmission system operator, the applicant may participate in the share in the financing of the objectives/pipelines. ... (3) The assets resulting under the conditions of par. (2) shall be taken into use by the distribution operator or by the transmission system operator, on the basis of a contract in which the financial conditions are explicitly stipulated, based on the procedure approved by ANRE. ... (4) The applicant has the right to recover the amount of the amount invested according to par. (2), from the moment of commissioning of the objective/pipeline, from the following users connected to the objectives/systems made in accordance with the provisions of par. (2); the method of recovery of the part-parts of the investment is made in accordance with the ANRE regulations. ... (5) In application of the provisions (1) and (2), the operator has the obligation to carry out a technical-economic studio, drawn up according to a procedure approved by ANRE, within 30 days from the date of receipt of the request. ... ----------- Alin. ((5) of art. 151 151 has been amended by section 82 82 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (6) Upon expiry of the term provided in par. (5), the study shall be submitted to applicants free of charge. ... (7) The distribution operator or the transmission system operator shall have the obligation to carry out and to put into operation the objective/pipeline carried out within 270 days from the date of issue of the technical notice of connection or from the date of signature the contract, as the case may be, or not more than 180 days from the date of obtaining the building permit. ... ----------- Alin. ((7) of art. 151 151 has been amended by section 82 82 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 152 Direct buses (1) In order to ensure the need for natural gas, applicants who are in areas other than those provided for in art. 104 104 para. (1) may request ANRE approval for the construction of a direct bus. ... (1 ^ 1) In justified situations, ANRE may approve the provision of natural gas requirements to natural gas applicants located in demarcated areas for which the public natural gas distribution service was leased, by means of a Direct buses from a neighbouring distribution system. ----------- Alin. ((1 ^ 1) of art. 152 152 has been introduced by section 83 83 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. ((2) ANRE issues permits for the construction of a direct bus only in the absence of a perspective of access to the system in the next 2 years. ... (3) The direct bus is fully funded by the applicants and is owned by them. ... ----------- Alin. ((3) of art. 152 152 has been amended by section 84 84 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (4) The transparent and non-discriminatory criteria for granting the establishment permits, as well as the operating conditions of the direct bus are approved by ANRE. ... + Article 153 Resolution of system access divergences (1) For the administrative-judicial settlement of the divergences of access to the system, a specialized commission is established within ANRE. ... (. The organization and functioning of the commission referred to in paragraph (1) is carried out under a regulation approved by ANRE. ... (. The Commission referred to in paragraph 1 ((1) adopt a decision within 60 days of receipt of the complaint. ... (4) The decision of the commission referred to in ((3) has a definitive character, is binding on the parties and can be appealed under the conditions Law of Administrative Litigation no. 554/2004 , with subsequent amendments and completions. ... + Chapter VII General provisions on liquefied petroleum gas (LPG), compressed natural gas (CNG), compressed natural gas for vehicles (GNCV) and liquefied natural gas (LNG) ------------ Head title. VII has been amended by section 85 85 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 154 Regulation of LPG use Technical and commercial regulations regarding the storage, distribution and use of LPG are developed/approved by ANRE in consultation with stakeholders. + Article 155 Regulation of GNC/GNCV use (1) The technical and commercial regulations regarding the treatment and compression of natural gas for the production of GNC/GNCV, as well as those regarding their storage in the filling stations containers are approved by ANRE in consultation with the interested parties. ... (2) In order to achieve the general regulatory framework for the production, storage, delivery and use of GNC/GNCV, ANRE establishes the Technical Code of the CNG. ... ----------- Article 155 has been amended by section 6.6. 86 86 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 156 Regulating LNG use The general regulatory framework on LNG is established by ANRE through the Technical Code of LNG. + Article 156 ^ 1 LNG installations (1) The liquefaction of natural gas, unloading, storage and regasification of LNG is carried out by the operator of the LNG storage terminal/storage facilities. ... ((. LNG shall be used for the purpose of: ... a) carrying out commercial activities; ... b) ensuring security in the natural gas supply to final customers; ... c) harmonization of variations in seasonal, daily and hourly consumption with other available gas sources. ... ----------- Art. 156 ^ 1 was introduced by item 87 87 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 156 ^ 2 Obligations and rights of the LNG terminal operator (. The operator of the LNG terminal shall, in particular, have the following obligations: ... a) operate, maintain, rehabilitate and modernize the surface technology installations related to the LNG terminal, safe, efficient and environmental protection; ... b) ensure the access of third parties to the LNG terminal, based on objective, transparent and non-discriminatory criteria, according to the ANRE regulations; ... c) publish the list of LNG facilities or parts thereof which are offered for access to third parties; ... d) provide information to users of the LNG terminal, necessary for efficient access to the system; ... e) to develop and send to ANRE the 5-year investment plans of the systems they operate; these plans are updated annually by the operator until the end of December and are approved by ANRE; ... f) ensure adequate means for the performance of public service obligations; ... g) maintains the confidentiality of commercially sensitive information it has obtained in the course of its activities and prevents the discriminatory disclosure of information relating to its own activities that could it induces economic advantages; it does not disclose any commercially sensitive information to the other parts of the economic operator unless it is necessary for the conclusion of a trade transaction. ... (2) The operator of the LNG terminal has, mainly, the following rights: ... a) to collect the tariff related to the provision of the LNG terminal operating service, to limit and/or to interrupt the provision of the service, according to the specific regulations; ... b) to develop technical/commercial norms specific to their own activity and to submit them for approval to ANRE; ... c) to interrupt the operation of LNG facilities for the time strictly necessary, in order to execute maintenance and repair works, as well as in other situations provided by law, with the prior announcement of the dispatchers of the affected systems and, after case, of the customers; ... d) to justifiably refuse third party access to the LNG terminal, under the law. ... (3) The operator of the LNG terminal publishes the information on its own activities, necessary for system users/access seekers, according to the ANRE regulations, in order to ensure efficient access to the system, a competition effective and efficient functioning of the natural gas market, not being allowed to disclose commercially sensitive information obtained during their activities, including those obtained from third parties in the context of granting network access. ... ----------- Art. 156 ^ 2 was introduced by item 87 87 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 157 LNG authorisation regime, GNC/GNCV and LPG Economic operators and/or individuals who carry out activities of design, execution and exploitation in the field of LNG, GNC/GNCV, LPG must hold authorizations/licenses issued by ANRE on the basis of specific regulations. ----------- Article 157 has been amended by section 6.6. 88 88 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Chapter VIII Quality assurance of equipment, installations, appliances, products and processes used in the natural gas sector + Article 158 Use of equipment, installations, appliances, products and processes in the natural gas sector ((1) The use of equipment, installations, appliances, products and processes in the natural gas sector is allowed after obtaining in advance the acceptance of the system operator, based on methodologies/procedures developed by him and endorsed by ANRE. ... ((2) ANRE ensures the transparency of this process by publishing the methodologies/procedures approved on its website. ... + Article 159 Intelligent measuring systems (1) By September 3, 2012, ANRE assesses the implementation of intelligent measurement systems that contribute to the active participation of consumers in the natural gas supply market, in terms of costs and benefits long-term for the market and for individual consumers, the type of smart metering as well as feasible implementation deadlines. ... (2) Given that, by the assessment provided in par. (1), it is noted that the implementation of intelligent measurement systems is advantageous for the functioning of the natural gas market, ANRE elaborates, in consultation with distribution and transport operators, and approves an implementation schedule, giving due consideration to the use of appropriate standards and best practices, as well as the importance of developing the natural gas market. ... + Article 160 Project verification (1) Before the execution of works for natural gas objectives/systems, in order to comply with the requirements for quality in construction, economic operators exploiting those objectives/systems have the obligation to verify the execution projects through the project verifiers certified by ANRE. ... (2) The projects related to the execution/modifications of the use facilities shall be verified by the verifiers certified by the Ministry of Regional Development and Tourism. ... ((. Projects relating to natural gas systems and installations shall be deemed to be endorsed if they have been declared compliant by the project verifier. ... + Article 161 Certification of project verifiers (1) The testing of the project verifiers referred to in art. 160 160 para. (1) is made according to a regulation approved by ANRE. ... (2) Project verifiers who have been certified by other institutions retain their competences by equating the attestation, according to the regulation provided in par. ((1). ... (3) The certified project verifiers jointly respond with the designers for the project insurance of all the technical and quality requirements provided by the legislation in force, in order to achieve and safely operate the the projected objective, as well as for any changes to the project during the execution. ... + Article 162 Works reception (1) The reception of objectives/systems in the natural gas sector is carried out by specialists, installers authorized by ANRE, employees of licensed economic operators who have followed their execution, according to the provisions of the technical norms specific. ... (2) The reception of natural gas installations belonging to final consumers is carried out by the beneficiary of the work and by the specialists of the economic operator authorized by ANRE who executed that work, according to provisions of specific technical rules. ... + Article 163 Work expertise (1) The objectives/Systems of the natural gas sector shall be subject, as the case may be, to technical expertise by authorized experts, according to a regulation approved by ANRE. ... ((2) Experts who have been certified by other institutions shall retain their powers by equating the attestation, according to the regulation provided in par. ((1). ... + Chapter IX New infrastructure + Article 164 Conditions for derogation for new infrastructure ((1) New major natural gas infrastructure, such as interconnections between Member States, LNG plants and storage facilities, may benefit from a derogation, for a specified period of time, upon request from the provisions of this Regulation. the legislation in force, relating to the access of third parties to the upstream transmission, storage and supply systems, as well as from the charging methodologies, under the following conditions: ... a) the investment must strengthen competition in the supply of natural gas and improve the security of supply; ... b) the level of risk related to the investment is such that the investment is not realised unless a derogation is granted; ... c) the infrastructure must be owned by a legal person who is separated at least in respect of his legal form of system operators in whose systems the infrastructure is built; ... d) charges shall be levied for the users ... e) the derogation does not adversely affect competition, the efficient functioning of the internal gas market or the efficient functioning of the regulated system to which the infrastructure is connected. ... (2) Provisions of para. ((1) shall also apply to significant increases in the capacity of existing infrastructures, as well as to the modifications of such infrastructures which allow the development of new sources of natural gas supply. ... + Article 165 Granting derogations ANRE decides on the granting of the derogation provided in art. 164, adopting a properly reasoned decision. The ANRE decision is published in the Official Gazette of Romania, Part I. + Article 166 Type of derogation The derogation may cover all or part of the new infrastructure, existing infrastructure with significantly increased capacity or modification of existing infrastructure. + Article 167 Conditions for granting the derogation The decision to grant a derogation shall be taken into account, where appropriate, of the need to impose conditions relating to the duration of the derogation and non-discriminatory access to the interconnection pipeline. + Article 168 Conditions for granting the derogation in the case of an interconnection pipe When making the decision on the conditions provided in art. 170 will be considered, mainly, the duration of the contracts, the additional capacity to be built or the modification of the existing capacity, the time horizon of the project and the national conditions. + Article 169 Rules and mechanisms for capacity management and allocation When granting a derogation, ANRE may decide on the rules and mechanisms for the management and allocation of capacity, if they do not prevent the implementation of long-term contracts. + Article 170 Consultation with other Member States or regulators In the case of an interconnection pipeline, any derogation decision shall be taken after consultation with the other Member States or, where appropriate, with the regulatory authorities or the Energy Regulatory Cooperation Agency-ACER. + Article 171 Submission of requests for derogation The regulatory authority shall, without delay, transmit to the European Commission a copy of all requests for derogation immediately upon receipt thereof. The derogation decision shall be communicated without delay by the ANRE to the European Commission, together with all relevant information + Article 172 Relevant information (1) The information provided in art. 171 171 must include, mainly: ... a) the detailed reasons on the basis of which the regulatory authority or the Member State granted the derogation, including the financial information justifying the need; ... b) the analysis carried out on the effect on competition and the efficient functioning of the internal gas market resulting from the granting of the derogation; ... c) the reasons for the time period and the part of the total capacity of the natural gas infrastructure concerned for which the derogation has been granted ... d) where the derogation relates to an interconnection pipeline, the outcome of the consultation with those Member States or the regulatory authorities; ... e) the contribution of infrastructure to the diversification of natural gas supply sources. ... ((2) ANRE shall comply with the decision of the European Commission amending or withdrawing the decision to derogate within 30 days and shall notify the European Commission thereof. ... ----------- Alin. ((2) of art. 171 171 has been introduced by section 89 89 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Chapter X Public service obligation + Article 173 Public service obligation (1) The holders of storage, transmission, distribution and supply of natural gas licenses and the holder of the LNG terminal operating license are required to carry out their activities in compliance with the obligations stipulated in the licenses, respectively the authorisations issued by ANRE, on safety, quality, continuity of supply, energy efficiency, in compliance with the safety and health standards of work and environmental protection, as well as the provisions of direct contracts with customers. ... ----------- Alin. ((1) of art. 173 173 has been amended by section 90 90 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. ((2) ANRE may establish by specific regulations public service obligations for each activity in the natural gas sector, applicable to all license holders, or authorizations in a transparent, equidistant and non-discriminatory manner. ... (3) The public service obligations provided in par. (2) should not prevent the liberalisation of the natural gas market, constitute barriers for the entry of new market operators or distort competition and the transparent functioning of the market. ... (4) Public service obligations likely to affect the natural gas market in the sense of those provided in par. (3) shall be notified to the Competition Council. ... (5) The costs incurred in a prudent manner by economic operators for the performance of public service obligations are justified costs and shall be covered by the prices or tariffs charged by them, in accordance with the specific regulations of ANRE. ... ((6) ANRE reviews every 2 years the necessity and method of imposing public service obligations, taking into account the evolution of the natural gas sector. ... ((7) ANRE elaborates and transmits to the Prime Minister and the relevant ministry a report on the measures adopted to fulfill public service obligations, including consumer and environmental protection, and their possible effect on domestic and international competition, which will be updated, every 2 years, in view of the changes to these measures. This report is sent to the specialized committees in the Romanian Parliament and the European Commission, for information. ... + Chapter XI Natural gas market + Article 174 Natural gas market structure (1) The natural gas market is composed of the regulated market and the competitive market, and natural gas transactions are made wholesale or retail. ... (2) The increase in the share of the competitive market is carried out gradually, by ensuring access to this market for as many participants, suppliers and final customers as possible, in accordance with the provisions of art. 175. ... (3) The participants in the natural gas market must comply with the rules of its operation, approved by ANRE. ... (4) The participants in the natural gas market and the associated operational structures are: manufacturers, suppliers, final customers, transmission system operator/operators, upstream feed business operators natural, operators of centralized natural gas markets, distribution operators, storage/storage operators and operator of the LNG terminal. ... ----------- Alin. ((4) of art. 174 174 has been amended by section 91 91 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (5) The participants in the natural gas market are obliged to assume the financial responsibility for the payment of the imbalances they generate on the natural gas market, in accordance with the regulations approved by ANRE. ... (6) Natural gas final customers have the right to choose their supplier and to negotiate directly sales contracts with him. ... (7) If they have exercised their right of eligibility, the final customers no longer have the right to return to regulated supply. ... (8) The dispute resolution commission shall be established as a body which resolves disputes in the wholesale and retail market between natural gas market participants. ... (9) The dispute resolution commission consists of 5 members who are appointed by decision of the President of ANRE, for a period of 3 years, between ANRE employees having at least 5 years of age in the field of natural gas. ... (10) The dispute resolution commission shall carry out its activity on the basis of a regulation of organization and functioning approved by decision of the President of ANRE, after public consultation. ... ((11) ANRE acts as a dispute resolution authority for any complaint drawn up by third parties to a transmission system operator, LNG terminal operator, storage or distribution operator relating to the the obligations of the controller under this law and shall issue a decision within two months from the date of receipt of the complaint. This deadline can be extended by two months if ANRE wants to obtain additional information. Next, this deadline can still be extended with the consent of the complainant. The start of the complaint process by ANRE does not affect the right of applicants to address the courts for the settlement of the same complaints. ... ----------- Alin. (11) of art. 174 174 has been introduced by section 92 92 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 175 Functioning of the regulated natural gas market (1) The regulated natural gas market works mainly to ensure the natural gas supply to the final customers provided in art. 179 179 para. ((2) lit. a)-c). ... (. On the regulated natural gas market, the competent authority shall have the right: ... a) impose public service obligations, according to art. 173 173; ... b) to impose on suppliers transparent procedures for the acquisition of natural gas on the competitive market intended to carry out the activities provided for in art. 179 179 para. ((2) lit. a)-c); ... c) establish the prices applied by natural gas suppliers to final customers; ... d) approve the methodologies for checking/controlling the expenses with the purchase of natural gas. ... e) require transmission system operators, distribution operators, storage operators and the operator of the LNG terminal, if necessary, to modify the terms and conditions of the commercial/technical regulations, including tariffs and methodologies, developed by them, in order to ensure proportionality, as well as their application in a non-discriminatory manner. ... ------------ Lit. e) a par. ((2) of art. 175 175 was introduced by section 4.2. 93 93 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (3) The supply of natural gas on the regulated market is made on the basis of framework contracts approved by ANRE. ... ((4) ANRE continuously monitors the effect of the regulated market on the competitive natural gas market and takes the necessary measures to avoid possible distortions of competition and to increase the transparency of transactions commercial. ... ((5) ANRE organizes, within the monitoring action, a process of assessing the functioning of the natural gas market under the conditions of waiving the application of regulated prices for final customers, in which at least the following will be used general criteria: ... a) the number of suppliers active in the natural gas market every year; ... b) the market share of each of the active suppliers; ... c) the economic and financial capability of the active suppliers and their behavior in the market; ... d) evolution of the annual number of changes of the natural gas supplier; ... e) level and evolution of prices in the market ... f) number and type of vulnerable consumers. ... + Article 176 Safeguard measures ((1) In the event of unexpected crisis situations in the natural gas market and where the physical safety or security of persons, appliances or installations or the integrity of the system, the transmission system operator and the system is threatened proposes to the relevant ministry the adoption of safety measures. ... (2) The measures referred to in paragraph ((1) must affect as little as possible the proper functioning of the internal market of the European Union and should be strictly limited to the remediation of the crisis situation that has generated them. ... (3) Implementation of the measures provided for in par. (1) is made by decision of the Government initiated by the relevant ministry. ... (4) The competent authority shall notify the other Member States of the European Union, as well as the European Commission, of the safety measures adopted in each case. ... + Article 177 Functioning of the competitive natural gas market (1) On the competitive market, commercial transactions with natural gas are made wholesale or retail, in compliance with ANRE regulations, and prices are formed on the basis of supply and demand, as a result of competitive mechanisms. ... (2) The wholesale competitive market operates on the basis of: ... a) bilateral contracts between economic operators in the field of natural gas; ... b) transactions in centralized markets, managed by the operator of the natural gas market or the operator of the balancing market, as the case may be; ... c) other types of transactions or contracts. ... (3) On the competitive retail market, suppliers sell natural gas to final customers through negotiated or offered-type contracts. ... ((3 ^ 1) As of July 15, 2014 and until December 31, 2018, natural gas producers in Romania or their affiliates, as the case may be, have the obligation to conclude transactions on centralized markets in Romania, transparent and non-discriminatory, for the sale of a minimum quantity of natural gas from its own production, intended for domestic consumption, in accordance with the regulations issued by the National Energy Regulatory Authority. ------------ Alin. (3 ^ 1) of art. 177 177 has been introduced by section 1 1 of art. I of EMERGENCY ORDINANCE no. 35 35 of 11 June 2014 , published in MONITORUL OFFICIAL no. 459 459 of 24 June 2014. ((3 ^ 2) As of January 1, 2015 and until December 31, 2016, licensed suppliers have the obligation to conclude transactions on centralized, transparent and non-discriminatory markets, for the sale/purchase of a minimum quantity of natural gas, in compliance with regulations issued by the National Energy Regulatory Authority. ---------- Alin. (3 ^ 2) of art. 177 177 has been amended by section 2 2 of art. unique from LAW no. 174 174 of 16 December 2014 , published in MONITORUL OFFICIAL no. 919 919 of 17 December 2014, amending section 1 1 of art. I of EMERGENCY ORDINANCE no. 35 35 of 11 June 2014 , published in MONITORUL OFFICIAL no. 459 459 of 24 June 2014. ((3 ^ 3) In order to ensure non-discrimination between the same categories of consumers, until the end of the regulatory period, domestic customers and thermal energy producers, only for the quantities of natural gas used for the production of thermal energy in cogeneration plants and thermal power plants intended for consumption of the population have the same treatment from the point of view of ensuring the quantities and selling price of natural gas consumed, regardless of whether they chose to be eligible or regulated. ---------- Alin. (3 ^ 3) of art. 177 177 has been introduced by section 3 3 of art. unique from LAW no. 174 174 of 16 December 2014 , published in MONITORUL OFFICIAL no. 919 919 of 17 December 2014, which introduces the item 1 1 ^ 1 al art. I of EMERGENCY ORDINANCE no. 35 35 of 11 June 2014 , published in MONITORUL OFFICIAL no. 459 459 of 24 June 2014. (4) The relevant data such as duration, delivery and settlement rules, quantity, execution time, transaction prices, means of identification of the wholesale customer, with respect to all transactions within the framework of contracts the supply of natural gas and natural gas derivatives concluded with wholesale customers and transmission and system operators as well as storage and LNG operators shall be kept by suppliers for at least 5 years and shall be provide ANRE, the Competition Council, the European Commission and the other authorities national competent authorities, at their request. ... (5) The obligation to preserve data on transactions in derivatives shall only apply after the publication of the guidelines by the European Commission. ... (6) The data provided in par. (5) may be published in compliance with the confidentiality of commercially sensitive information. ... + Article 177 ^ 1 Technological consumption (1) The National Agency for Mineral Resources elaborates the methodology on which it calculates and certifies the quantities of natural gas required to be consumed by economic operators to ensure the technological parameters necessary to carry out production and storage activities, representing the technological consumption related to this activity. ... ((2) ANRE elaborates the methodologies on the basis of which the quantities of natural gas necessary to be consumed by economic operators are calculated and certified to ensure the technological parameters necessary to carry out the distribution activity, and transport activity, representing the technological consumption related to this activity. ... ---------- Art. 177 ^ 1 was introduced by item 94 94 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Chapter XII Prices and tariffs + Article 178 The price and tariffs system. Principles (. The price system and tariffs for natural gas shall be so designed as to ensure: ... a) the proximity to the market value of alternative fuels, the promotion of competition in the natural gas market, the diversification of natural gas supply sources and the increase in the security of supply; ... b) recovery of the costs incurred in a prudent manner, related to regulated activities, ensuring a reasonable rate of return on capital invested in regulated activities, stimulating the development of production capacities, transport, storage, distribution of natural gas and LNG terminal, both in the short and long term; ... ----------- Lit. b) a par. ((1) of art. 178 178 has been amended by section 4.2 95 95 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. c) saving energy to final customers; ... d) improving the quality of natural gas and customer service. ... (2) The principles underlying the design of the regulations on price systems and tariffs for regulated activities are as follows: ... a) regulated prices and tariffs shall be determined on the basis of methodologies approved and published by the competent authority; ... ----------- Lit. a) a par. ((2) of art. 178 178 has been amended by section 4.2 96 96 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. a ^ 1) the pricing methodologies and regulated tariffs apply non-discriminatory, are based on objective and transparent criteria and are subject to the public consultation process prior to their approval; ----------- Lit. a ^ 1) a par. ((2) of art. 178 178 was introduced by section 4.2. 97 97 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. b) stimulating the efficient use of natural gas, ensuring the quality of services, ensuring the caloric power of natural gas, promoting competition in the natural gas market and protecting the interests of customers ... c) the prevention of speculation and speculative behaviors in the natural gas market; ... d) encouraging the passage of demand from the peak consumption period during periods of low consumption. ... (3) It is forbidden to recover the costs of the insured service for a certain category of final customers through the tariffs charged to other categories of final customers. ... (4) The cross-subsidy between regulated activities and between the regulated and unregulated activities of an economic operator is prohibited. ... + Article 179 Regulated market activities (1) On the regulated market comprising activities of a natural monopoly nature, activities related to the operation of the LNG terminal, their related activities and the supply at regulated price and on the basis of framework contracts, price systems and rates are established by ANRE. ... ----------- Alin. ((1) of art. 179 179 has been amended by section 98 98 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (. The activities of the regulated market shall include: ... a) the supply of natural gas at regulated price and on the basis of framework contracts until 31 December 2014 for non-domestic customers, unless there is a significant difference between the price of the marketing of domestic production and the European import price, which could jeopardise the stability of the market, in which case the deadline is extended until 31 December 2015; ... b) the supply of natural gas at regulated price and on the basis of framework contracts until June 30, 2021 for domestic customers; ... ---------- Lit. b) a par. ((2) of art. 179 179 has been amended by section 4.2 3 3 of art. unique from LAW no. 174 174 of 16 December 2014 , published in MONITORUL OFFICIAL no. 919 919 of 17 December 2014, which introduces the item 1 1 ^ 2 al art. I of EMERGENCY ORDINANCE no. 35 35 of 11 June 2014 , published in MONITORUL OFFICIAL no. 459 459 of 24 June 2014. c) providing the last resort of natural gas; ... ------------ Lit. c) a par. ((2) of art. 179 179 has been amended by section 4.2 100 100 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. d) repealed; ... ------------ Lit. d) a par. ((2) of art. 179 179 has been repealed by section 6.6. 101 101 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. e) transport of natural gas; ... f) the transport of gas through the upstream supply pipes, according to the conditions of validity of the license; ... g) underground storage of natural gas; ... h) natural gas storage in the pipeline; ... i) distribution of natural gas and biogas/biomethan; ... j) related activities carried out by licensed operators. ... k) activities related to the operation of the LNG terminal. ... ------------ Lit. k) a par. ((2) of art. 179 179 was introduced by section 4.2. 102 102 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (3) The calendar for the gradual elimination of regulated prices for end customers starting from December 1, 2012 for non-domestic customers, respectively from July 1, 2013 for domestic customers is established by the Government, in accordance with the schedule of producer prices, proposed by ANRE and ANRM, taking into account the possible negative effects of eliminating regulated prices, so that they are as little as possible by customers. ... (4) For activities related to the regulated market, prices and tariffs shall be established on the basis of methodologies approved and published by ANRE. ... (5) The methodologies for the regulation of prices and tariffs shall be approved by ANRE, after informing and consulting all interested parties. ... (6) The order approving prices and regulated tariffs in the natural gas sector, as well as the approval order of their regulatory methodologies shall be published in the Official Gazette of Romania, Part I. and regulated tariffs in the natural gas sector will include the date of their entry into force. ... ((7) ANRE annually monitors the results of the calendar for the gradual elimination of regulated prices for final customers and proposes to the Government, as the case may be, to capitalize on domestic gas production on the domestic market Calendar approved. ... ----------- Alin. ((7) of art. 179 179 has been amended by section 103 103 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 180 Limitation of prices/tariffs (1) In the event of a major imbalance between supply and demand and/or an obvious malfunction of the natural gas market, the Government, on the proposal of ANRE and with the opinion of the Competition Council, may limit the excessive increase in prices/tariffs or blocking them for a fixed period of not more than 6 months, which can be successively extended for durations of not more than 3 months, as long as the circumstances that led to the adoption of that decision persist, by: ... a) fixing a higher price limit; ... b) limitation of income from regulated activity. ... (2) Recognized and deferred costs, according to par. ((1), shall be fully recovered in accordance with the procedure approved by the competent authority. ... + Article 181 Establishment of mixing structures (1) In order to cover the consumption needs, the final customers have the right to be supplied with natural gas in internal/import mixture, according to the structures approved/established by ANRE. ... (2) Provisions of para. ((1) shall apply until the price of natural gas from domestic production with that of imported natural gas is converged. ... (3) ANRE may establish: ... a) until December 31, 2014, respectively until December 31, 2015, under the conditions of art. 179 179 para. ((2) lit. a), a specific structure of import/domestic mixture for the quantity of natural gas intended for the consumption of domestic customers and thermal energy producers, only for the amount of natural gas used in the production of thermal energy in cogeneration plants and thermal power plants intended for the consumption of the population, and a specific import/domestic mixture structure for the quantity of natural gas intended for the consumption of non-domestic customers, with the exception of energy producers thermal, for the amount of natural gas used in the production of thermal energy in cogeneration plants and in thermal power plants intended for consumption; ... b) with effect from 1 January 2015 and 1 January 2016, under the conditions of art. 179 179 para. ((2) lit. a), and until June 30, 2021, under the conditions of art. 179 179 para. ((2) lit. b), a specific structure of import/domestic mixture for the quantity of natural gas intended for the consumption of domestic customers and non-domestic customers, thermal energy producers, only for the quantities of natural gas used for the production of thermal energy in cogeneration plants and thermal power plants intended for the consumption of the population. ... ---------- Lit. b) a par. ((3) of art. 181 181 has been amended by section 4.2 3 3 of art. unique from LAW no. 174 174 of 16 December 2014 , published in MONITORUL OFFICIAL no. 919 919 of 17 December 2014, which introduces the item 1 1 ^ 3 al art. I of EMERGENCY ORDINANCE no. 35 35 of 11 June 2014 , published in MONITORUL OFFICIAL no. 459 459 of 24 June 2014. (4) In order to ensure the sustainability of the costs related to the energy bill, especially those related to the heating of the population, the establishment of the import/domestic mixture structure and the approval of the final regulated price for domestic customers will in view and the premises considered when establishing the data for the elimination of regulated prices to this category of customers. ... (5) The purchase price of natural gas from domestic production for domestic customers and thermal energy producers, only for the quantities of natural gas used for the production of thermal energy in cogeneration plants and in plants The thermal intended for the consumption of the population is established by Government decision, at the proposal of the relevant ministry, in accordance with the provisions of the Calendar for the gradual elimination of regulated prices ... ---------- Alin. ((5) of art. 181 181 has been amended by section 3 3 of art. unique from LAW no. 174 174 of 16 December 2014 , published in MONITORUL OFFICIAL no. 919 919 of 17 December 2014, which introduces the item 1 1 ^ 4 al art. I of EMERGENCY ORDINANCE no. 35 35 of 11 June 2014 , published in MONITORUL OFFICIAL no. 459 459 of 24 June 2014. (6) They are exempted from compliance with the structures of natural gas mixtures established/endorsed by ANRE: ... a) the quantities of natural gas reinjected into deposits, exempted from the payment of the royalty, under the law; ... b) the quantities of natural gas intended for technological consumptions specific to oil operations carried out by the holders of oil agreements; ... c) quantities of natural gas intended for balancing SNT. ... (7) The exceptions to the observance of the structures of natural gas mixtures established/endorsed by ANRE shall be established by Government decision, at the proposal of the relevant ministry, within 45 days from the entry into force of this law. ... (8) Based on the data provided in art. 179 179 para. (2) and (3), ANRE will gradually eliminate regulated prices for the supply of natural gas to final customers. ... + Article 182 Obligation of accounting separation Legal entities in the natural gas sector that practice regulated activities according to art. 179 179 para. (2) are obliged to ensure accounting separation, according to the legal norms and regulations of ANRE. + Chapter XIII Procedure for conducting investigations + Article 183 Conduct of investigations The President of the competent authority shall order investigations under the conditions of art. 185 185 by its own staff empowered to do so, ex officio or in response to a complaint registered with the competent authority, made by a natural or legal person affected in a real and direct manner by a potential infringement of the the provisions of this title, only in the areas where ANRE has the competence to investigate, according to the + Article 184 Request of information and documents In carrying out the investigations, as well as the powers conferred on the basis of this Title, the competent authority may require the economic operators of the information and documents which are necessary, mentioning the legal basis and the purpose may set time limits for such information and documents to be provided to it. + Article 185 Investigation rights (1) In order to investigate the violation of the provisions of this title, 183, the ANRE staff empowered to do so shall have the following rights: ... a) enter into the spaces, land or means of transport that economic operators hold legally; ... b) to examine any documents, registers, financial-accounting and commercial acts or other records related to the activity of economic operators, regardless of where they are stored; ... c) ask any representative or employee of the economic operator to explain the facts or documents related to the subject matter and purpose of the investigation and to record or record his/her answers; ... d) to raise or obtain in any form copies or extracts from any documents, registers, financial-accounting and commercial acts or from other records related to the activity of the economic operator; ... e) to seal any site intended for the activities of the economic operator and any documents, registers, financial-accounting and commercial acts or other records related to the activity of the economic operator, for the duration and to the extent necessary for the investigation. ... (2) The competent authority shall proceed with the actions referred to in paragraph ((1) only if there are indications that documents may be found or information deemed necessary for the performance of its powers may be obtained, and the outcome of the investigation will be recorded in a report of finding and inventory. ... (. The competent authority may make unannounced inspections and may request that any information or justification relating to the carrying out of the investigatory powers be presented to it within a reasonable period, both on the spot and by Convening at its headquarters. ... + Article 186 Judicial authorisation of investigations Based on the judicial authorization given by conclusion, according to art. 187, ANRE staff empowered under the conditions of art. 183 183 may carry out inspections in any other premises, including domicile, land or means of transport belonging to managers, administrators, directors and other employees of economic operators or associations of economic operators under investigation. + Article 187 Obtaining judicial authorization (1) ANRE personnel shall carry out inspections in accordance with the provisions of 186 only on the basis of the decision of empowerment issued by the President of the competent authority and with the judicial authorization given by the President of the Bucharest Court of Appeal or by a judge delegated by him. A certified copy of the decision of empowerment and of the judicial authorization shall be communicated to the person subject to inspection before its commencement. ... (2) The application for authorization shall be settled in the council chamber, without the citation of the parties. The judge shall rule on the application for authorization no later than 48 hours after the date of registration of the application by final conclusion. The conclusion shall be reasoned and communicated to the competent authority no later than 48 hours after delivery. ... --------- Alin. ((2) of art. 187 187 has been amended by section 1 1 of art. 101 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (3) If the inspection must be carried out simultaneously in several spaces between those provided for in art. 186 186, the competent authority will introduce a single application, with the court ruling by a conclusion in which the premises in which the inspection is to be carried out will be indicated. ... (4) The application for authorization must contain all information such as to justify the inspection, and the judge referred to it shall verify that the application is well founded. ... (5) Whatever the circumstances, the inspection shall be carried out between 8,00 and 18,00 and shall be carried out in the presence of the person to whom the inspection or his representative is carried out. The inspection may continue after 18,00 only with the consent of the person to whom the inspection or his representative is carried out. ... (6) Inventories and seals shall be made in accordance with the provisions of the Code of Criminal Procedure. ... ((7) Abrogat. ... --------- Alin. ((7) of art. 187 187 has been repealed by section 6.6. 2 2 of art. 101 of LAW no. 255 255 of 19 July 2013 published in MONITORUL OFFICIAL no. 515 515 of 14 August 2013. (8) The President of the Bucharest Court of Appeal or the judge delegated by him has the competence to issue the judicial authorization in order to carry out the inspection 186 186. The court verifies whether the decision of empowerment issued by the President of ANRE is authentic and whether the intended coercive measures are neither arbitrary nor excessive, in particular, considering the gravity of the infringement suspected, the importance of the evidence sought, the involvement of the undertaking concerned and the reasonable likelihood that the registers and documents relating to the activity related to the subject matter of the inspection are kept in the premises for which they request authorization. The court may ask ANRE for detailed explanations of the elements necessary to enable it to verify the proportionality of the envisaged coercive measures. ... + Article 188 Access to documents and information (1) The bodies of central and local public administration, as well as any other institutions and public authorities, shall be obliged to allow the competent authority access to the documents, data and information held by them, in compliance with the provisions Legal. ... (2) The competent authority, receiving access to the documents, data and information referred to in par. (1), has the obligation to respect the character of state secret or service secret assigned legally to those documents, data and information. ... + Article 189 Investigation procedure The investigation procedure is done in accordance with the regulation on the organization and conduct of the investigation activity approved by order of the President of ANRE. + Chapter XIV Prohibitions + Article 190 Protection of objectives/systems For the protection of natural gas objectives/systems, third parties are prohibited: a) to carry out constructions of any kind in the area of safety of natural gas objectives; if, exceptionally, it is necessary that on the land on which they are located to execute a construction, the applicant will bear all the expenses related to the necessary changes, in compliance with all the provisions regarding the design and execution of works in the natural gas sector and provided that the operator's patrimony of the good result ... b) to carry out excavations or works of any kind in the area of protection of natural gas objectives, without the prior opinion of the system operator; ... c) to store materials on access routes and in the area of protection of natural gas objectives; ... d) to intervene in any way on natural gas pipelines, equipment and installations. ... + Article 191 Prohibitions With a view to the safe operation of the natural gas transmission system, it shall be prohibited, except in the case of force majeure, the interruption of electricity supply, telephone or radio links and rail transport. + Chapter XV Offences and contraventions + Article 192 Liabilities Violation of the provisions of this title entails disciplinary, civil, contravention or criminal liability, as the case may be, of the guilty persons. + Article 193 Offences (1) Damage, modification without right or blocking the operation of the equipment for measuring the consumption of natural gas provided constitutes a crime and is punishable by imprisonment from 3 months to 2 years or with a fine. ... (2) The execution or use of clandestine installations for the purpose of direct connection to the natural gas supply system or for the bypass of measuring equipment constitutes a crime and is punishable by imprisonment from 3 months to 2 years or Fine. ... (3) If the offences referred to in par. ((1) and (2) are committed by an employee of a license holder, the special limits shall be increased by half. ... (4) Attempted to the crimes provided in par. ((1) and (2) shall be punished. ... + Article 194 Contraventions It constitutes contraventions to the rules on carrying out activities in the natural gas sector: 1. design, endorsement, execution, reception, commissioning and/or operation of new works, modifications, extensions or revisions of natural gas sector objectives by unauthorized natural or legal persons; 2. design and/or execution of new works, modifications, extensions of natural gas sector objectives without obtaining the necessary agreements, approvals and authorizations and/or without respecting the restrictions/conditions established by them; 3. design and/or execution of new works, modifications, extensions of the objectives of the natural gas sector, in violation of the technical regulations issued in the field; 4. approval of technical documentation for the execution, reception and/or commissioning of new works, modifications, extensions of the objectives of the natural gas sector, which do not meet the requirements of the technical regulations in force; 5. execution of new works, amendments, extensions of objectives in the natural gas sector, in violation of the provisions of art. 104 104, 105 and 151; 6. execution of new works, amendments, extensions of natural gas sector objectives without technical documentation of verified execution, according to the legal provisions; 7. execution of new works, modifications, expansions of natural gas sector objectives, excluding use facilities of any kind, without their pursuit by a licensed operator; 8. the use of equipment, installations, appliances, products and processes not in accordance with the technical regulations in force; 9. use/operation of installations, equipment and appliances that do not have metrological checks and/or technical checks/revisions within validity, according to the regulations in force; 10. carrying out, without the consent of the licensed operator, any works, operations, maneuvers or interventions, of any nature, to the pipes, appliances, equipment, measuring installations and accessories, related to the production objectives/systems, storage, transport or distribution of natural gas; 11. reception, commissioning and/or operation of objectives/systems/installations/equipment in the natural gas sector for which the documents provided by the regulations in force and/or for which they were not obtained the necessary authorisations; 12. failure to fulfill and/or improper performance of the validity conditions of the authorizations provided in art. 119 119 section 1, other than those referred to in this Article; 13. failure to fulfill and/or improper performance of the validity conditions of the authorizations/licenses specified in art. 119 119 section 2 2 and 3, other than those referred to in this Article; 14. non-compliance with the provisions of the regulations on access and/or connection to underground storage warehouses of natural gas, transmission/distribution systems and/or upstream supply pipelines; 15. non-compliance with the framework contracts approved by ANRE; 16. non-compliance with the performance standards in the natural gas sector 17. interruption or undue delay of natural gas supply; 18. unjustified refusal of access/connection of applicants to upstream power pipes, transmission system, distribution system or storage warehouses of natural gas; 19. resale of natural gas by final customers; 20. refusal or obstruction of the finding agents empowered by ANRE to carry out checks and/or inspections, according to the legal provisions; 21. failure to provide or incomplete/erroneous provision of data and information requested by ANRE, failure to comply with the measures ordered and/or refusal to act on the convocation addressed by ANRE; 22. non-compliance with the obligations/requirements set out in the regulations for the authorization and verification of individuals and economic operators who carry out activities of design, execution and exploitation in the field 23. non-compliance with the obligations/requirements of the regulations on granting permits and licenses in the natural gas sector 24. non-compliance with the storage program, established according to the regulations in force; 25. the unconstituent of the minimum natural gas stock, which the holders of the supply/transport licenses have the obligation to hold in the underground storage warehouses, established according to the regulations in force; 26. non-compliance with the rules on protection and safety zones established according to the law 27. non-compliance with the commercial regulations approved by ANRE, including the methodologies on prices and tariffs; 28. non-compliance with regulations on legal and/or accounting separation of regulated activities in the natural gas sector; 29. conduct of any commercial activities and/or service supplies without having the necessary license/authorization, issued according to the provisions of this title and the regulations elaborated under it; 30. non-compliance with the legal provisions on changing the natural gas 31. non-compliance with the legal provisions on natural gas 32. non-compliance with the reporting requirements of the information provided by the regulations in force, including European regulations; 33. non-compliance with the provisions on information of natural gas 34. non-compliance with the technical regulations issued/approved by ANRE 35. non-compliance by the transmission system operator with the provisions on the conditions of access to the natural gas transmission networks, provided by the European regulations; 35 35 ^ 1. non-performance and/or improper performance by natural gas producers in Romania, their affiliates, as well as the licensed suppliers of the obligations provided in art. 177 177 para. ((3 ^ 1) and (3 ^ 2); ------------ Item 35 ^ 1 of art. 194 194 has been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 35 35 of 11 June 2014 , published in MONITORUL OFFICIAL no. 459 459 of 24 June 2014. 36. non-compliance by the transmission system operator with the provisions on capacity allocation mechanisms and congestion management procedures, provided for by the European regulations; 36 36 ^ 1. non-compliance by the transmission system operator with the requirements of the European Regulations, other than those referred to in point (a) 35 35 and 36; ------------ Item 36 ^ 1 of art. 194 194 has been introduced by section 105 105 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 37. non-compliance with the transparency requirements provided for in the ANRE regulations, as well as in ------------ Item 37 of art. 194 194 has been amended by section 106 106 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. 38 38. failure to provide or complete the transmission and system operator of the information necessary for network users to take appropriate corrective measures to avoid imbalances; 39. non-compliance with ANRE orders and decisions, other than those provided for in this Article; 40. non-compliance with confidentiality provisions 41. non-compliance by the supplier of the destination of the quantities of natural gas purchased from domestic production, necessary to cover consumption on the regulated market, under the conditions of this law ----------- Item 41 of art. 194 194 has been introduced by section 107 107 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. + Article 195 Sanctions (1) Contraventions provided in art. 194 194 shall be sanctioned as follows: ... 1. if they were committed by individuals: a) with a fine of 2,000 lei to 6,000 lei, those of item 9 9, 20 and 21; ... b) with a fine from 4,500 lei to 10,000 lei, those from item 2 2, 3, 8, 22 and 34; ... c) with a fine of 6,000 lei to 15,000 lei, those of item 4 4, 10, 26 and 40; ... 2. if they were committed by legal entities: a) with a fine of 7,000 lei to 15,000 lei, those of item 1 1, 2, 9, 12, 20, 22 and 33; ... b) with a fine of 15,000 lei to 25,000 lei, those of item 3 3, 6, 8, 15, 16, 19, 21, 23, 30, 34 and 41; ... ----------- Lit. b) 2 2 of para. ((1) of art. 195 195 has been amended by section 4.2 108 108 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. c) with a fine of 50,000 lei per 100,000 lei, those of item 4 4, 5, 7, 10, 11, 13, 14, 17, 18, 24, 26, 27, 29, 31, 32, 39 and 40; ... d) with a fine of 400,000 lei to 500,000 lei, those of item 28 28, 36, 37 and 38; ... ---------- Lit. d) 2 2 of para. ((1) of art. 195 195 has been amended by section 4.2 2 2 of art. I of EMERGENCY ORDINANCE no. 28 28 of 28 June 2016 published in MONITORUL OFFICIAL no. 487 487 of 30 June 2016. e) with a fine of between 5% and 10% of the annual turnover, those of 25 25, 35 and 36 ^ 1; ... ---------- Lit. e) 2 2 of para. ((1) of art. 195 195 has been amended by section 4.2 2 2 of art. I of EMERGENCY ORDINANCE no. 28 28 of 28 June 2016 published in MONITORUL OFFICIAL no. 487 487 of 30 June 2016. f) with a fine of 50,000 lei per 100,000 lei, the one in item 35 35 ^ 1. ... ------------ Lit. f) 2 2 of para. ((1) of art. 195 195 was introduced by section 4.2. 3 3 of art. I of EMERGENCY ORDINANCE no. 35 35 of 11 June 2014 , published in MONITORUL OFFICIAL no. 459 459 of 24 June 2014. (2) For the contraventions provided in art. 194, committed repeatedly by legal entities, the regulator can impose a fine of up to 5% of the annual turnover of the offender. ... (3) By contravention committed repeatedly it is understood to commit at least 3 times during a calendar year of one and the same contravention act, within the same organizational structure, among those provided in art. 194 194 section 10, 11, 17, 21, 22, 28, 29, 36, 37, 38 and 39. ... (4) The annual turnover means the turnover of the infringing legal person made of the regulated activity for which the contravention was established, in the financial year before the sanction of the act. ... (5) The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes of finding and sanctioning, or, as the case may be, from the date of its communication, half of the minimum fine provided in par. ((1) and (2), the finding agent making mention of this possibility in the minutes. ... (6) The application of the sanction of the contravention fine is prescribed within 2 years from the date of the act. ... + Article 196 Finding of contraventions and application of sanctions The finding of contraventions and the application of sanctions shall be made by persons empowered for this purpose by the President of ANRE. + Article 197 Updating fines limits Updating the limits of fines provided in art. 195 will be done by Government decision. + Article 198 Legal regime of contraventions Contraventions provided for in art. 194 the provisions of Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Article 199 Access to the finding of contraventions (1) In order to establish the contraventions, the finding agents have access, under the law, to the production objectives, to the systems of the natural gas sector, including to their installations and equipment, as well as to the installations of natural gas use. ... ((2) The owners of the use facilities or those who exploit them are obliged to provide the finding agents with relevant documents, data and/or information. ... (3) The police bodies, as well as the other bodies with attributions in the field, are obliged to provide support, upon request, to the finding agents. ... + Chapter XVI Transitional and final provisions + Article 200 Entry into force (1) Provisions art. 127 127 shall enter into force on 3 March 2013. ... (2) On the date of entry into force of this Law, it shall be ... a) Gas law no. 351/2004 , published in the Official Gazette of Romania, Part I, no. 679 of July 28, 2004, with subsequent amendments and completions, except art. 6-10 6-10; ... b) any other provisions to the contrary. ... (3) Within 9 months from the date of entry into force of this Law, ANRE shall adapt, as the case may be, the regulatory framework in accordance with this Title. ... ((4) Until the adaptation, as the case may be, of the regulatory framework, all normative acts issued pursuant to Law no. 351/2004 , with subsequent amendments and completions, it retains its validity, except for the provisions that are contrary to this law. ... + Article 201 Final provisions (1) The relevant Ministry shall notify the European Commission of the adoption of this law and of other administrative acts necessary for the implementation of the provisions of Directive 2009 /73/EC, including the transmission of texts of these normative acts. ... ((2) Abrogat. ... ----------- Alin. ((2) of art. 201 201 has been repealed by section 6.6. 110 110 of art. I of LAW no. 127 127 of 30 September 2014 published in MONITORUL OFFICIAL no. 720 720 of 1 October 2014. (3) The Government, with the opinion of the Competition Council, may decide to establish a solidarity fund for the financial support of the vulnerable consumer, from the contribution and/or additional taxation of unexpected profits of the producers and suppliers of electricity and natural gas, made as a result of favourable market situations and/or conjunctural transactions. The establishment and use of the fund shall be determined by Government decision. ... * Title I of this Law transposes Directive 2009 /72/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in electricity and repealing Directive 2003 /54/EC, published in the Official Journal of the European Union European Union L series no. 211 211 of 14 August 2009, Directive 2005 /89/EC of the European Parliament and of the Council of 18 January 2006 on measures to ensure the safety of electricity supply and investment in infrastructure, published in the Journal Official of the European Union L series no. 33 of 4 February 2006, and the provisions of art. 4 4 para. ((3) of Directive 2004 /8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration on the basis of a useful heat demand in the internal energy market and amending Directive 92/42/EEC, published in the Journal Official of the European Union L series no. 52 52 of 21 February 2004. Title II of this Law transposes Directive 2009 /73/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in natural gas and repealing Directive 2003 /55/EC, published in the Journal Official of the European Union L series no. 211 211 of 14 August 2009. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
ROBERTA ALMA ANASTASE
SENATE PRESIDENT
VASILE BLAGA Bucharest, July 10, 2012. No 123 ------
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