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Law No. 23 Of March 14, 2014

Original Language Title:  LEGE nr. 23 din 14 martie 2014

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LEGE no. 23 23 of 14 March 2014 (* updated *) for approval Government Emergency Ordinance no. 57/2013 amending and supplementing Law no. 220/2008 establishing the system for promoting the production of energy from renewable energy sources ((updated on 6 June 2015 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 57 57 of 4 June 2013 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. 335 of 7 June 2013, with the following amendments and additions: 1. in Article I, a new point shall be inserted before point 1 as follows: "-Article 2, letter f) is amended and shall read as follows: "" f) retrofitted hydroelectric power plant-hydroelectric power plant with an installed power of not more than 10 MW, which meets the following conditions: --has a service life of at least 15 years from the date of commissioning; -was subject to an assembly of operations to replace existing technologies, morally and/or physically, with modern technologies, in order to increase the efficiency of the production activity, or newly installed hydroelectric group in a plant pre-existing hydroelectric times in a hydrotechnical arrangement previously used for energy purposes; "" 2. in Article I, point 1, letter e) of paragraph 6 of Article 3 shall be amended and shall read as follows: "" e) electricity produced in photovoltaic power plants located on land which, on 31 December 2013, were on the agricultural circuit under the law; ' 3. In Article I, after point 1, three new points are inserted, points 1 ^ 1 to 1 ^ 3, with the following contents: "" 1 ^ 1. In Article 3 (8), point (b) is repealed. 1 1 ^ 2. In Article 4, paragraph 4 is amended and shall read as follows: "(4) The mandatory annual electricity rates produced from renewable energy sources that benefit from the green certificate promotion system for the period 2010-2013 are as follows: 2010-8.3%; 2011-10%; 2012-12%; 2013-14%." 1 1 ^ 3. In Article 4, after paragraph 4, two new paragraphs are inserted, paragraphs 4 ^ 1 and 4 ^ 2, with the following contents: "" (4 ^ 1) Since 2014, ANRE has annually monitored the annual rates of electricity produced from renewable energy sources that benefit from the promotion system through green certificates and, depending on the degree of achievement of the the national objective and the impact to the final consumer, estimates, publishes on its own website and informs the Government by June 30 of the current year on the level of the mandatory annual share of electricity produced from renewable sources energy, which benefits from the promotion system through green certificates for the following year . (4 ^ 2) For the period 2015 -2020, the mandatory annual share of electricity produced from renewable energy sources, which benefits from the promotion system through green certificates, is established annually and is approved by Government decision, at Proposal of the Department for Energy, within 60 days from the date of its communication by ANRE. "" 4. In Article I, after point 2, a new point is inserted, paragraph 2 ^ 1, with the following contents: "" 2 ^ 1. Article 4 (10) shall be repealed. '; 5. In Article I, point 3, the introductory part of paragraph 2 ^ 1 and paragraph 2 ^ 2 of Article 6 shall be amended and shall read as follows: " (2 ^ 1) Between July 1, 2013 and March 31, 2017, the trading of a number of green certificates from those provided in par. (2), for each 1 MWh produced and delivered by electricity producers from renewable sources, accredited by ANRE until 31 December 2013, as follows: ................................................................................................ (2 ^ 2) Recovery of green certificates postponed according to the provisions of par. (2 ^ 1) will be made from April 1, 2017 for the plants provided in par. ((2 ^ 1) lit. a) and c), respectively as of January 1, 2018 for the plants referred to in par. ((2 ^ 1) lit. b), staggered at most until 30 December 2020. " 6. In Article I, after point 3, three new points are inserted, points 3 ^ 1-3 ^ 3, with the following contents: "" 3 ^ 1. In Article 6, after paragraph 2 ^ 2, two new paragraphs are inserted, paragraphs 2 ^ 3 and 2 ^ 4, with the following contents: " (2 ^ 3) In the case of power plants made with investment aid, after the application of the provisions of art. 6 6 para. ((7) lit. b), the provisions of paragraph ((2 ^ 1) shall apply in such a way that the number of green certificates resulting from it is not subunit (2 ^ 4) In the case of power plants made with investment aid, if the number of green certificates calculated by ANRE by application of the provisions of art. 6 6 para. ((7) lit. b) is subunit, does not apply the provisions of par. ((2 ^ 1). ' 3 3 ^ 2. In Article 6, a new paragraph (3 ^ 1) is inserted after paragraph 3, with the following contents: " (3 ^ 1) By exception to the provisions of par. ((3), electricity produced in power plants located on vehicles of any kind is not the subject of this law. " 3 3 ^ 3. Article 6 (5) is amended and shall read as follows: " (5) For electricity produced in power plants using biomass that comes from energy crops is granted in addition to the provisions of par. ((2) lit. d) a green certificate for each 1 MWh produced and delivered. "" 7. in Article I, point 4, point b) of paragraph 7 of Article 6 shall be amended and shall read as follows: " b) a number of green certificates established by ANRE by reducing the number of green certificates provided in par. ((2), (4) or (5), as applicable, diminishing the reference value of the investment per MW by the amount of aid received per MW and keeping the value of the internal rates of return considered in the calculations provided to the European Commission in the authorization of the promotion system, if the power plants benefit additional state aid. The reduction in the number of green certificates provided for is applied up to the amount of the investment aid received by the electricity producer, using the average value of a green certificate, calculated as an arithmetic average of the maximum amount and the minimum trading value of green certificates. '; 8. In Article I, after point 5, a new point is inserted, paragraph 5 ^ 1, with the following contents: "" 5 ^ 1. Article 6 (9) is amended and shall read as follows: "(9) The green certificates issued by the transmission system operator shall have a validity period of 12 months." " 9. Article I (6), (2), (4) and (6) of Article 8 shall be amended and shall read as follows: " (2) Electricity suppliers and manufacturers referred to in par. (1) are obliged to purchase annually a number of green certificates equivalent to the product between the value of the mandatory annual purchase of green certificates established for that year, according to the provisions of art. 4 4 para. (9), and the amount of electricity provided in par. (1), expressed in MWh, provided annually to final consumers. ................................................................................................ (4) In the electricity bill passed on to final consumers, the value of the green certificates shall be charged separately from the tariffs/prices for electricity, stating the legal basis, after the purchase by the supplier of the green certificates corresponding to the mandatory purchase quota. This value represents the product between the value of the mandatory annual rate of purchase of certificates (CV/MWh) estimated by ANRE, the amount of electricity invoiced (MWh) and the price of green certificates purchased by the respective supplier in the centralised markets managed by the electricity market operator. ................................................................................................. (6) No later than September 1 of each year, the electricity suppliers and the manufacturers referred to in par. (1) will regularize, in equal instalments, the value of green certificates related to the previous year, depending on the annual quota established by ANRE according to the provisions of art. 4 4 para. (9), the electricity supplied and the weighted average price of green certificates used by the supplier for the previous year. ' 10. In Article I, after point 6, two new points are inserted, points 6 ^ 1 and 6 ^ 2, with the following contents: "" 6 ^ 1. Article 8 (3) is amended and shall read as follows: " (3) Electricity suppliers and manufacturers referred to in par. (1) are obliged to transmit annually to ANRE, in the format and at the deadlines specified by it, the quantities of electricity for which they have the obligation to purchase green certificates, according to this law. " 6 6 ^ 2. Article 8 (5) shall be repealed. '; 11. In Article I, paragraph 7, paragraph 8 of Article 8 shall be amended and shall read as follows: " (8) It is exempted from the application of the provisions of this law a percentage of the quantity of electricity delivered to final consumers, in compliance with European incident regulations. The qualification conditions for the exemption mechanism, as well as the exempted quantity, conditional on the application of the annual energy efficiency growth programs, will be approved by Government decision, after their notification to the Commission European and obtaining an authorisation decision on its part. " 12. In Article I, point 10 is amended and shall read as follows: "" 10. Article 12 (2 ^ 1) and (2 ^ 2) shall be repealed. '; 13. In Article I, after point 11, two new points are inserted, points 11 ^ 1 and 11 ^ 2, with the following contents: "" 11 ^ 1. In Article 14, a new paragraph (7 ^ 1) is inserted after paragraph 7, with the following contents: "(7 ^ 1) The regulation of access to the electricity market up to the safety limit of the National Electroenergetic System is approved by Government decision, at the proposal of the Department for Energy." 11 11 ^ 2. Article 20 (3) shall be repealed. '; 14. In Article I, paragraph 13, paragraphs 1 and 3 of Article 29 shall be amended and shall read as follows: "" Art. 29. -(1) ANRE monitors the beneficiary producers of the promotion system through green certificates and prepares annual reports that it makes public on its website, within 90 days from the end of the monitored period. ............................................................................................... (3) Measures to reduce the number of green certificates provided for in art. 6 6 para. (2) is approved by Government decision, at the proposal of the Department for Energy, within 60 days from the date of their communication by ANRE according to the provisions of par. (2), and shall apply to power plants/groups owned by electricity producers from renewable energy sources, accredited by ANRE for the application of the promotion system through green certificates, after the date of entry into force of this decision of the Government, as of January 1 of the following year. " 15. in Article I, after point 13, two new points, paragraphs 14 and 15 shall be inserted, with the following contents: "" 14. In Article 30 (1), two new letters, letters e) and f) are inserted after point d), with the following contents: " e) non-compliance with 8 8 para. ((4) and (6) by the producers and suppliers referred to in art. 8 8 para. ((1); f) non-compliance with ANRE regulations in the field of energy promotion from renewable energy sources. 15. In Article 30, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) Contraventions provided in par. ((1) lit. a), c), d), e) and f) are sanctioned with a fine of 1,000 lei to 10,000 lei, in the case of individuals, and with a fine of 10,000 lei per 100,000 lei, in the case of legal entities. (3) Contraventions provided in par. ((1) lit. b) is sanctioned with a fine equal to the total value of green certificates not purchased by a supplier or manufacturer provided for in art. 8 8 para. (1) multiplied by 3 times, its minimum value being 10,000 lei, and the maximum value of 10,000,000 lei, by way of derogation from the provisions art. 8 8 para. ((2) lit. a) of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended and supplemented. "" 16. Article II shall be repealed. 17. Article III is amended and shall read as follows: "" Art. III. -Electricity produced from renewable energy sources supported by the promotion system can also be marketed through regulated contracts, according to the regulations issued by the National Energy Regulatory Authority. " + Article II (1) Electricity generators from renewable energy sources holding power plants benefiting from the promotion system, with powers installed not exceeding 1 MW per manufacturer and not more than 2 MW per manufacturer for high cogeneration biomass-based efficiency, may conclude bilateral contracts for the sale/purchase of electricity and green certificates negotiated directly only with the suppliers of final consumers, by way of derogation from art. 23 of the Electricity and Natural Gas Law no. 123/2012 , with subsequent amendments and completions. (2) Electricity generators from renewable energy sources holding power plants with installed power ranging from 1 MW to 3 MW per manufacturer, respectively from 2 MW to 3 MW per manufacturer for high efficiency cogeneration based on of biomass, benefiting from the promotion system and falling within the category of small and medium-sized enterprises, according to the provisions Law no. 346/2004 on the stimulation of the establishment and development of small and medium-sized enterprises, with subsequent amendments and completions, may conclude bilateral contracts for the sale/purchase of electricity negotiated directly, by way of derogation from art. 23 23 of Law no. 123/2012 , with subsequent amendments and completions. (3) Electricity producers from renewable energy sources referred to in par. (1) and (2) have the obligation to transmit to the National Energy Regulatory Authority the price and quantity of electricity from renewable energy sources sold on the basis of bilateral contracts for sale/purchase of energy electricity negotiated directly within 3 days after the completion of the transaction, as well as the data and information in the format and within the deadlines provided for in the regulations issued by the said authority. (4) The non-submission by the producers referred to in par. (3), at the established deadlines, of the data/information requested by the National Energy Regulatory Authority under this law or incorrect or incomplete provision of such data/information. ((5) The contraventia provided in par. (4) is sanctioned with a fine of 1,000 lei to 10,000 lei, in the case of individuals, and with a fine of 10,000 lei per 100,000 lei, in the case of legal entities. In the case of manufacturers with installed power over 100kW, the application of the prescribed fine shall also be accompanied by the suspension of the manufacturer's licence for a period of 3 months (6) The finding of contraventions and the application of sanctions shall be made by the authorized representatives of the National Energy Regulatory Authority. ((7) By way of derogation from art. 8 8 para. (3) 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, the amounts from the application of the sanctions provided in par. (5) will be used to support energy efficiency policy measures. The amounts mentioned will be transferred to the account of the specialized fund for investments in energy efficiency, starting with the date of its establishment. (8) Contraventions provided in par. (4) the provisions of the Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ---------- Art. II has been modified by art. 7 of LAW no. 122 122 of 29 May 2015 , published in MONITORUL OFFICIAL no. 387 387 of 3 June 2015. + Article III (1) By exception to the provisions art. 4 4 para. (4 ^ 1) and (4 ^ 2) of Law no. 220/2008 for the establishment of the system for the promotion of the production of energy from renewable energy sources, as amended and supplemented, as amended and supplemented by this Law, the National Regulatory Authority The Energy field calculates, for 2014, the share of electricity produced from renewable energy sources that benefit from the promotion system through green certificates, a public on its own website within 3 days from the entry into force of the present law, informs the Government of its level and is approved by Government decision, at the proposal of the Department for Energy, no later than March 31, 2014. (2) By exception to the provisions art. 4 4 para. ((7) of Law no. 220/2008 , with subsequent amendments and completions, as amended and supplemented by this Law, for the year 2014, the National Energy Regulatory Authority shall calculate and publish on its website within 3 days of upon the entry into force of this law the mandatory annual quota of purchase of estimated green certificates, the number of green certificates estimated to be issued based on the estimated electricity information to be produced from renewable sources of energy and final electricity consumption. This law was adopted by the Romanian Parliament, under the conditions of art. 77 77 para. (2), in compliance with art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALERIU-STEFAN ZGONEA SENATE PRESIDENT GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, March 14, 2014. No. 23. -----