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Law No. 134 Of July 18, 2012

Original Language Title:  LEGE nr. 134 din 18 iulie 2012

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LEGE no. 134 134 of 18 July 2012 (* updated *) for approval Government Emergency Ordinance no. 88/2011 amending and supplementing Law no. 220/2008 establishing the system for promoting the production of energy from renewable energy sources ((updated until 1 July 2013 *)
ISSUER PARLIAMENT




--------------- *) The updated form of this normative act until July 1, 2013 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all modifications and additions made by EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 . The content of this act is not an official document, being intended to inform users The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 88 88 of 12 October 2011 amending and supplementing Law no. 220/2008 for the establishment of the system for promoting the production of energy from renewable energy sources, published in the Official Gazette of Romania, Part I, no. 736 of 19 October 2011, with the following amendments and additions: 1. In Article I, point 1, the letter) of Article 2 shall be amended and shall read as follows: "" aj) priority access to electricity networks from renewable sources-set of rules and technical and commercial conditions under which categories of electricity producers from renewable energy sources are provided the possibility of taking over at any time and selling the entire quantity of electricity produced at a time, depending on the capacity of the grid connection and the availability of eligible units/resources, to the extent that it is not affected National Electroenergetic System Safety; " 2. In Article I, paragraph 7, paragraph 8 of Article 3 shall be amended and shall read as follows: " (8) In the case of energy producers from renewable sources who have benefited from green certificates prior to the application of the promotion system provided for by this Law, the application periods provided in par. (2) will be reduced as follows: a) in the case of producers who have put into operation power plants before the entry into force of this law, corresponding to the periods for which they have already benefited from green certificates; b) in the case of producers who have put into operation power plants between the entry into force of this law and the date of 1 November 2011, corresponding to the number of green certificates already received. " 3. In Article I, after paragraph 8, a new point is inserted, paragraph 8 ^ 1, with the following contents: "" 8 ^ 1. In Article 4, a new paragraph (10) is inserted after paragraph 9, with the following contents: "(10) Energy providers are obliged to report on a quarterly basis the fulfilment of mandatory green certificates purchase quotas, established by ANRE." " 4. In Article I, paragraph 9, paragraphs 5 and 7 of Article 6 shall be amended and shall read as follows: " (5) For electricity produced in power plants using biomass that comes from energy crops or forest waste is granted in addition to the provisions of par. ((2) lit. d) one green certificate for every 1 MWh produced and delivered. Forest waste shall be understood as: a) scrap and wood waste from the exploitation of wood from forest floors (thin wood, branches, tree bark, chips, peels), defined according to the normative acts in force: crates with a diameter of less than 6 cm, zobes, ruptures, peel, putregaious wood, carved uprooted resulting from the exploitation of wood from windfalls; b) wood debris from the hygienization and restroom of forests; c) waste from the cleaning of mountain pastures; d) wood waste from the toilet of trees by municipal services; e) abandoned wood waste on land, along roads, access routes, as well as on whites, banks and watercourses (alluvial wood). ........................................................................... (7) By exception to the provisions of par. (2) and (4), regardless of the type of renewable source used, electricity producers shall benefit from: a) a green certificate for every 1 MWh produced and delivered from power plants for the probationary period; b) a number of green certificates established by ANRE by reducing the number of green certificates provided in par. ((2), reducing the reference value of the investment per MW by the amount of aid received per MW and keeping the value of the internal rates of return considered in the calculations provided to the European Commission in the process of authorisation of the promotion, if power plants receive additional State aid; c) reduction of the number of green certificates provided in lett. b) applies up to the amount of the investment aid received by the electricity producer, using the average value of a green certificate, calculated as an arithmetic average of the maximum value and the minimum value of trading of green certificates, provided for in this Law. " 5. in Article I, point 9, after paragraph 7 of Article 6, a new paragraph (7 ^ 1) is inserted, with the following contents: " (7 ^ 1) By exception to the provisions of par. ((7) lit. b), in order to ensure a transparent and non-discriminatory treatment, the power plants put into operation before 1 January 2013, which until the time of authorisation of the support scheme by the European Commission have benefited or been approved state aid, will receive a number of green certificates calculated according to par. ((2). ' 6. In Article I, paragraph 9, paragraph 10 of Article 6 shall be amended and shall read as follows: " (10) The mechanism for reducing the number of green certificates provided in par. ((7) lit. b), as well as the procedure for the application of the provisions ((7) lit. c) are established by the regulation provided in par. ((6) lit. a). " 7. In Article I, point 11, Article 8 shall be amended and shall read as follows: "" Art. 8. -(1) The quantity of electricity for which the purchase obligation for green certificates is established shall include: a) electricity purchased by electricity suppliers, intended both for their final consumption and for sale to final consumers; b) the electricity used for its own final consumption other than its own technological consumption by an electricity producer; c) the electricity used by a manufacturer for the electricity supply to consumers connected by direct lines of power plant. (2) Electricity suppliers and manufacturers referred to in par. (1) are obliged to purchase quarterly a number of green certificates equivalent to the product between the value of the mandatory annual purchase of green certificates established for that year, under the conditions of art. 4 4 para. (9), and the amount of electricity provided in par. (1), expressed in MWh, provided quarterly to final consumers. (3) Electricity suppliers and manufacturers referred to in par. (1) are obliged to transmit quarterly to ANRE, in the format and at the deadlines specified by it, the quantities of electricity for which they have the obligation to purchase green certificates, according to this law. Within 15 days from the receipt of the data, ANRE publishes on its website and transmits to the commercial operator of the electricity market the list of suppliers/producers who have not fulfilled their quarterly share and the number of green certificates unpurchased. (4) In the electricity bill passed on to final consumers, the value of the green certificates shall be made separately from the tariffs/prices for electricity, stating the legal basis. This value represents the product between the value of the mandatory annual purchase of certificates (CV/MWh) estimated by ANRE, the amount of electricity invoiced (MWh) and the weighted average price of green certificates traded on centralized market of green certificates in the most recent 3 months of concluded trading. If, in the previous 3 months, the cumulative green decertified quantity traded on the centralized green certificate market is less than 100,000 green certificates, the calculation duration of the weighted average price extends to the following: More recent 6 months of concluded trading. (5) The weighted average price according to the provisions of para. (4) is calculated and published quarterly by the commercial operator of the electricity market on its own website, no later than the 15th of the last month of the quarter, and is used on invoices to final consumers, issued in next quarter. (6) No later than September 1 of each year, the electricity suppliers and the manufacturers referred to in par. (1) will regularize the value of the green certificates for the previous year, namely the annual quota established by ANRE according to the provisions of 4 4 para. (9), the electricity invoiced and the weighted average price of green certificates used by the supplier for the previous year. ' 8. In Article I, point 15, after paragraph 2 of Article 12, two new paragraphs are inserted, paragraphs 2 ^ 1 and 2 ^ 2, with the following contents: " (2 ^ 1) Providers, as well as the manufacturers referred to in art. 8 8 para. (1) which does not make the mandatory quarterly quota are obliged to pay, within 45 days after the end of the quarter, for each green certificate not purchased, the maximum price of green certificates approved and published by ANRE for that year, according to art. 11 11 para. ((4), in a fund to guarantee the functioning of the market of green certificates, constituted and administered by the commercial operator of the electricity market, intended to buy from producers of green certificates unsold due to No quota. The green certificates for which it was paid in the guarantee fund shall be considered in the annual quota of the respective suppliers/producers. (2 ^ 2) The guarantee fund, through the commercial operator of the electricity market, buys pro-rata, in relation to the production of electricity, from all renewable energy producers requesting, unsold green certificates, to a price at least equal to the legal minimum price of green certificates, determined according to art. 11 11 para. ((1). Green certificates sold to the guarantee fund shall be cancelled. ' 9. In Article I, paragraph 16, paragraphs 2, 6, 7 and 9 of Article 14 shall be amended and shall read as follows: " (2) Electricity produced from renewable energy sources in power plants with installed powers of not more than 1 MW on the plant or 2 MW on the plant in the case of high-efficiency cogeneration from biomass may be sold to suppliers in whose power License areas are located at the respective plants, at regulated prices unique to the type of technology. Electricity sold at regulated price no longer benefits from green certificates. ......................................................................... (6) Individuals and legal entities holding electricity generation units from renewable sources with installed power below 100 kW per consumption place, as well as public authorities with power generation capacities from sources renewable realized, partially or totally, from structural funds benefit from suppliers with whom they have electricity supply contract, on request, on the regularization, financial and/or quantitative service, between the energy delivered and energy consumed from the network, according to a methodology approved by ANRE. (7) The transmission system operator and/or distribution system operators shall ensure the transmission and distribution, as well as the priority dispatching of electricity produced from renewable sources, for all energy producers from sources. renewable, regardless of capacity, based on transparent and non-discriminatory criteria, with the possibility of modifying notifications during the operating day, according to the methodology approved by ANRE, so that the limitation or interruption renewable energy production to be applied only in cases exceptional, if this is necessary for the stability and security of the National Electroenergetic System. .......................................................................... (9) ANRE establishes the rules to allow guaranteed access, respectively priority to networks under the conditions of par. ((7) and (8), including the possibility of electricity trading during the day of operation, the proposal of the transmission system operator and the consultation of all interested parties. " 10. In Article I, after paragraph 16, two new points are inserted, points 16 ^ 1 and 16 ^ 2, with the following contents: "" 16 ^ 1. After Article 14, a new chapter, Chapter VI ^ 1, comprising Articles 15 to 19, is inserted, with the following title: "" Chapter VI ^ 1 Cooperation mechanisms to achieve the objective national on renewable energy " 16 16 ^ 2. In Article 15 (1), points a) and b) are amended and shall read as follows: " a) Romania may, through joint agreements with Member States of the European Union: ((i) provided for and agreed on statistical transfers of quantities of energy from renewable sources with another Member State, from or to that Member State; (ii) cooperate in the implementation of joint projects relating to the production of energy from renewable energy sources; (iii) harmonise, in whole or in part, national promotional schemes; b) Romania can, through joint agreements with third countries, cooperate in the implementation of projects related to the production of energy from renewable energy sources. "" 11. In Article I, after paragraph 18, a new point is inserted, paragraph 18 ^ 1, with the following contents: "" 18 ^ 1. Chapter VII shall be repealed. ' 12. In Article I, after paragraph 19, a new point is inserted, paragraph 19 ^ 1, with the following contents: "" 19 ^ 1. In Article 24 ^ 1, paragraph 3 is amended and shall read as follows: " (3) For installations with installed power less than 10 MW and for distributed generation installations of renewable energy, simplified procedures are established by the regulations provided in par. ((1). "" 13. In Article I, after paragraph 20, a new point is inserted, paragraph 20 ^ 1, with the following contents: "" 20 ^ 1. In Article 25, a new paragraph (1 ^ 1) is inserted after paragraph 1, with the following contents: "" (1 ^ 1) Electricity produced from renewable energy sources has priority access to the electricity transmission/distribution grid, in so far as the safety of the National Electropower System is not affected, in compliance with ANRE regulations. "" 14. In Article I, paragraph 23, paragraphs 2 and 3 of Article 29 shall be amended and shall read as follows: " (2) If, from the data resulting from the feasibility studies for new investment projects in Romania and from the results of the monitoring of investment and operating costs/producers ' incomes based on financial statements annually it is found that the specific parameters of each technology differ significantly from those given in the calculation carried out for the authorization of the promotion system provided for in this law, which can lead to overcompensation as a whole for one or more of the technologies referred to in art. 3 3 para. (1), ANRE proposes measures to adjust the number of green certificates provided for in art. 6 6 para. (2), for the new beneficiaries, to adjust the internal rates of return, aggregated on technologies, where applicable, to the values considered to be the authorisation of the underlying scheme. (3) The measures provided in par. (2) is approved by Government decision and applies to electricity producers from renewable energy sources starting to produce electricity after the date of its entry into force, but not earlier than January 1, 2015, with the exception of solar energy producers for which the adjustment may take place from 1 January 2014. '; 15. in Article II, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: " (3 ^ 1) Economic operators developing electricity generation power plant projects from renewable sources with installed power greater than 125 MW, which, on the date of entry into force of this emergency ordinance, are the beneficiaries a connection contract with the relevant network operator, will be accredited by ANRE according to art. 6 6 para. ((6) lit. a) of Law no. 220/2008 , republished, with subsequent amendments and completions, after they start to produce and deliver electricity in the National Electroenergetic System and will benefit from the number of green certificates provided for in art. 6 6 of the same law corresponding to the renewable source used, for a period of 24 months from the date of accreditation. " 16. In Article II, paragraphs 4 to 6 shall be amended and shall read as follows: " (4) Electricity producers referred to in par. ((3) and economic operators referred to in par. (3 ^ 1) must draw up and submit to the competent authorities the documentation necessary for the detailed assessment of the support measure by the European Commission, according to the provisions of art. 26 26 para. ((1) of Law no. 220/2008 , republished, with subsequent amendments and completions, within a maximum of 3 months from the date of the accreditation decision, non-compliance with this term attracting the suspension of the granting of the promotion system established by this emergency ordinance. (5) Implementation of the provisions of par. (3) and (3 ^ 1) are carried out by ANRE by issuing an accreditation decision, according to the provisions art. 6 6 para. ((6) lit. a) of Law no. 220/2008 , republished, with subsequent amendments and completions. (6) In the case of electricity producers referred to in par. ((3) and of the economic operators referred to in par. (3 ^ 1), any positive differences between the number of green certificates received and the number of green certificates due under the individual decision of the European Commission will be recovered within a maximum of 24 months from the date of its issue on the basis of a decisions issued by ANRE, stipulating the regularization of the number of green certificates by reducing the number of green certificates received and/or by the obligation to purchase green certificates from the market by them. " + Article II (1) For producers referred to in art. 3 3 para. ((8) lit. b) 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, the National Energy Regulatory Authority (ANRE) will recalculate the periods of application of the promotion system and will modify the decisions according to art. 3 3 para. ((8) of the same law, within 90 days of the entry into force of this Law. ((2) How to use the fund provided for in art. 12 12 para. ((2 2) of Law no. 220/2008 , republished, with subsequent amendments and completions, shall be established on the basis of a regulation approved by ANRE within 90 days from the entry into force of this Law. ((3) Abrogat. --------- Alin. ((3) of art. II was repealed by art. IV of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. + Article III Repealed. --------- Art. III was repealed by art. IV of EMERGENCY ORDINANCE no. 57 57 of 4 June 2013 , published in MONITORUL OFFICIAL no. 335 335 of 7 June 2013. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, IOAN OLTEAN SENATE PRESIDENT VASILE BLAGA Bucharest, July 18, 2012. No. 134. -------