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Law No. 127 Of 30 September 2014 Amending Law Electricity And No Gas. No 123/2012 And Law Oil. 238/2004

Original Language Title:  LEGE nr. 127 din 30 septembrie 2014 pentru modificarea şi completarea Legii energiei electrice şi a gazelor naturale nr. 123/2012 şi a Legii petrolului nr. 238/2004

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LEGE no. 127 127 of 30 September 2014 to amend and supplement Law of electricity and natural gas no. 123/2012 and a Oil Law No. 238/2004
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 720 720 of 1 October 2014



The Romanian Parliament adopts this law + Article I Law on electricity and natural gas no. 123/2012 , published in the Official Gazette of Romania, Part I, no. 485 of 16 July 2012, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 3, after paragraph 69, a new point is inserted, paragraph 69 ^ 1, with the following contents: "" 69 ^ 1. public service-activity of general interest in the field of electricity, authorised and monitored by a public authority; ' 2. In Article 3, after paragraph 79, a new point is inserted, paragraph 79 ^ 1, with the following contents: "" 79 ^ 1. Electricity trader-natural or legal person who buys and sells electricity exclusively on the wholesale electricity market or on import/exports; ' 3. Article 6 (s) shall be repealed. 4. After Article 7, a new article is inserted, Article 7 ^ 1, with the following contents: "" Art. 7 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 Commission Implementing Regulation (EU) No 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 settlement procedure is also allowed, according to the provisions 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 and a 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 Commission Implementing Regulation (EU) No 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 Commission Implementing Regulation (EU) No 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 Commission Implementing Regulation (EU) 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. " 5. In Article 10 (2), after letter g) a new letter, letter h) is inserted, with the following contents: "h) the activity of the electricity trader." 6. In Article 13 (2), point b) shall be amended and shall read as follows: "" b) in the case of economic operators in the field of electricity, they must organise the accounts 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 analytical accounts; the internal accounting records shall include a balance sheet and a profit and loss account for each activity; " 7. In Article 21, paragraph 2 shall be amended and shall read as follows: " (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. " 8. Article 30 is amended and shall read as follows: "" Art. 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. " 9. Article 31 is amended and shall read as follows: "" Art. 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 3 of Commission Implementing Regulation (EU) No 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 3 of Commission Implementing Regulation (EU) No 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). ' 10. Article 32 (1), point a) shall be amended and shall read as follows: " a) that entity complies with the requirements of Article 34 34 para. ((1) and (2); ' 11. In Article 32, paragraph 2 shall be amended and shall read as follows: "" (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. " 12. In Article 33, the introductory part of paragraph 2 shall be amended and shall read as follows: " (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): " 13. Article 34 is amended and shall read as follows: "" Art. 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 the Regulation (EC) No 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. '; 14. In Article 36 (2), after letter b) two new letters, letters c) and d) are inserted, with the following contents: " c) in order to ensure the mechanisms for coupling the electricity markets to which Romania is a party; d) to compensate for unplanned exchanges with neighbouring energy systems. " 15. Article 36 (7), point g) shall be amended and shall read as follows: "" 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 13 of Commission Implementing Regulation (EU) No 714/2009 , by granting and managing access to third parties and providing reasoned explanations when refusing such access, without abusing, in the event of sale or purchase of electricity by affiliated economic operators, of sensitive information from a commercial point of view obtained from third parties in the context of granting network access, under the supervision of ANRE; " 16. In Article 36 (7), after letter r) a new letter, letter s) is inserted, with the following contents: "s) prevent the discriminatory transfer of commercially sensitive information." 17. In Article 36, after paragraph 7, a new paragraph (7 ^ 1) is inserted, with the following contents: "" (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 shall be responsible for the planning, including the authorisation procedure, the construction and commissioning of the new infrastructure. " 18. Article 36 (10) shall be amended and shall read as follows: " (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 that they 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 necessary for the purpose of concluding a trade transaction. " 19. In Article 36, after paragraph 12, two new paragraphs are inserted, paragraphs 13 and 14, with the following contents: " (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. (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. " 20. In Article 37, the marginal name and paragraph 1 shall be amended and shall read as follows: "" Art. 37 Tasks of the transmission network owner in the case of transmission and system operators managing an electric transmission network ((. 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). " 21. In Article 37, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The owner of the transmission network shall not be responsible for granting and managing the access of third parties and n1ics to the planning of investments in the transmission network 22. In Article 38 (2), after letter d) two new letters, letters e) and f) are inserted, with the following contents: " e) the owner of the transmission network and the transmission system operator and the remaining part of the economic operator referred to in paragraph 1. ((1) does not use common services, with the exception of purely administrative or computer services; 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 conclusion of a trade transaction. '; 23. Article 41 is amended and shall read as follows: "" Art. 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. " 24. After Article 44, a new article is inserted, Article 44 ^ 1, with the following contents: "" Art. 44 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. " 25. In Article 45 (1), points a) and c) shall be amended and shall read as follows: " a) exploit, retrofit, rehabilitate and develop 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; .................................................................................................. 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. " 26. In Article 48 (2), letter c) shall be amended and shall read as follows: " 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; " 27. In Article 57, paragraph 1 shall be amended and shall read as follows: "" Art. 57. -(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. " 28. In Article 57, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (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 the final customers benefiting from universal service, and provide them with information free of charge. " 29. in Article 57, after paragraph 4, a new paragraph (5) is inserted, with the following contents: "" (5) The supplier shall provide consumers with 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. " 30. In Article 58, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 58. -(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. ((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 websites of operators in the electricity sector. " 31. Article 62 (1), letter h) shall be amended and shall read as follows: "h) to change the supplier free of charge, according to a procedure approved by order of ANRE;" 32. In Article 62 (1), after letter h), ten new letters shall be inserted, letters h ^ 1)-h ^ 10), with the following contents: " 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; h ^ 2) to denounce any contract if it does not accept the new conditions/clauses notified by the electricity supplier; 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; 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; 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; 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 repayment and/or compensation of the actual amounts due, in accordance with the principles stated in Recommendation 98 /257/EC of the 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; 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; 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; 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; 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. " 33. In Article 93 (1), paragraph 38 is amended and shall read as follows: " 38. non-compliance by the transmission and system operator of the obligations provided in art. 31 31 para. ((1) lit. c); " 34. in Article 93 (1), after paragraph 38, six new points are inserted, paragraphs 39-44, with the following contents: " 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); ' 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); 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 15 of Regulation (EU) No 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; 42. non-compliance by market participants with their obligations under the provisions of art. 3 3 para. ((1)-(2) lit. e) and art. 5 5 of Regulation (EU) No 1.227/2011 ; 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); 44. non-compliance by the electricity market operator with the commercial regulations issued by ANRE. " 35. In Article 93 (2) (1), a new letter (d) is inserted after point c), with the following contents: "d) with a fine of 20,000 lei up to 50,000 lei, for those provided for in points 41 and 42." 36. in Article 93 (2) (2), points a)-d) shall be amended and shall read 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; 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; 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; d) with a fine of between 5 %-10% of the annual turnover, for the one referred to in item 19 19 and 43. " 37. Article 93 (3), letter a) shall be amended and shall read as follows: " a) authorized representatives of the competent authority in the case of contraventions referred to in par. ((1) pt. 1 1-27 and point 32-44 32-44; ' 38. In Article 100, paragraphs 18, 26, 30, 32 and 35 shall be amended and shall read as follows: "" 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; .............................................................................................. 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; .............................................................................................. 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 interruptible safety client, as well as any other measures to implement the implementation EU Regulation No 994/2010 of the European Parliament and of the Council of 20 October 2010 on measures to safeguard security of gas supply and repealing Directive 2004 /67/EC of the Council is carried out by decision of the Government elaborated on the proposal of the relevant ministry as competent authority; ............................................................................................... 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; .............................................................................................. 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 the deployment of the distribution activity, namely the transport of natural gas; " 39. In Article 100, after paragraph 37, a new point is inserted, paragraph 37 ^ 1, with the following contents: "" 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; " 40. In Article 100, after paragraph 45 a new point is inserted, paragraph 45 ^ 1, with the following contents: "" 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; ' 41. In Article 100, paragraphs 61, 72 and 79 shall be amended and shall read as follows: " 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; .................................................................................................. 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; .................................................................................................. 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; ' 42. In Article 100, after point 80 a new point is inserted, paragraph 80 ^ 1, with the following contents: "" 80 ^ 1. public service-activity of general interest in natural gas, authorized, and monitored by a public authority; " 43. In Article 102, letter e) is amended and shall read as follows: "" e) exercise the quality of the concedent for the public service of distribution of natural gas; " 44. After Article 102, a new article is inserted, Article 102 ^ 1, with the following contents: "" Art. 102 102 ^ 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 the Directive 2009 /73/EC of the European Parliament and of the Council of 13 July 2009 on common rules for the internal market in the natural gas sector and repealing Directive 2003 /55/EC . Regarding the exchange of information, ANRE ensures compliance with the same level of confidentiality as that imposed on the issuing authority. ((3) ANRE may seek 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 Commission Implementing Regulation (EU) No 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 line with the guidelines referred to in the 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 the 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 Subsequent. ((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. " 45. In Article 104, after paragraph 8, two new paragraphs are inserted, paragraphs 9 and 10, with the following contents: "" (9) Operators who hold licenses to operate the natural gas distribution system and have concluded contracts for the provision of public natural gas distribution service with local authorities, assimilated to concession contracts, benefit from all rights and obligations of the concessionaire provided in this Law (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), shall enjoy all rights and obligations of the concessionaire provided for in this Law. 46. In Article 113, paragraphs 1 to 4 shall be amended and shall read as follows: "" Art. 113. -(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. ((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. ((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. (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. " 47. In Article 118, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 118. -(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 systems, storage and distribution of natural gas by Romanian or foreign legal persons shall be carried out on the basis of establishment authorizations. (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 licence basis. " 48. In Article 119, paragraph 1, point e) is amended and shall read as follows: " e) installations related to the production/storage activity of GNC/GNCV/biogas/biomethan; ' 49. In Article 119, paragraph 1, after letter f), a new letter, letter g) is inserted, with the following contents: "" g) installations for the use of LPG, other than those fitted on motor vehicles. '; 50. In Article 119, point 2, point e) is amended and shall read as follows: "" e) LNG facilities, CNG, GNCV; ' 51. In Article 119, point 3, point a) is amended and shall read as follows: " a) supply of natural gas, biogas/biomethane, LNG, GNC/GNCV, LPG; ' 52. In Article 122 (1), after letter i) two new letters, j) and k) are inserted, with the following contents: "" j) not to abuse the system of classifying information and to allow the transparency of public information; 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. " 53. In Article 125, after paragraph 8, six new paragraphs shall be inserted, paragraphs 9 to 14, with the following contents: "" (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 on the other hand, the public entity representing the state in the possession of control of natural gas and electricity transmission operators. ((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. ((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. (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. (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. ((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 Commission Implementing Regulation (EU) No 715/2009 ;; such an assessment may include recommendations to amend these investment plans. '; 54. Article 126 is amended and shall read as follows: "" Art. 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 3 of Commission Implementing Regulation (EU) No 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. " 55. After Article 126, two new articles are inserted, Articles 126 ^ 1 and 126 ^ 2, with the following contents: "" Art. 126 126 ^ 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. 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 3 of Commission Implementing Regulation (EU) No 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). ' 56. In Article 127 (1), point a) is amended and shall read as follows: " a) that entity fulfils the conditions laid down in Article 126 ^ 2 or at art. 128 128, as applicable; and ' 57. In Article 127 (2), letter a) is amended and shall read as follows: " a) that entity does not comply with the conditions laid down in 126 ^ 2 or at art. 128 128, as applicable; ' 58. In Article 127, paragraph 3 is amended and shall read as follows: "" (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 the ANRE decision. " 59. After Article 127 a new article is inserted, Article 127 ^ 1, with the following contents: "" Art. 127 127 ^ 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. '; 60. In Article 128, the marginal name is amended and shall read as follows: "Conditions of certification of the transmission system operator and system of the National Transport System" 61. In Article 130 (1), after letter d) a new letter, letter d ^ 1) is inserted, with the following contents: " d ^ 1) to develop and transmit to ANRE, in order to approve and publish them, methodologies used for the calculation or establishment of clauses and conditions regarding access to cross-border infrastructures, including allocation procedures capacity and congestion management; ' 62. In Article 130 (1), after the letter s), three new letters are inserted, the letters t)-u), with the following contents: "" t) ensure adequate means for the performance of public service obligations; 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; u) to acquire the energy it uses to carry out its activities in accordance with transparent, non-discriminatory and market-based procedures. " 63. In Article 130 (2), letter h) shall be amended and shall read as follows: " h) to use, free of charge, the publicly owned land occupied by the objectives of 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; " 64. In Article 130 (2), after letter i) a new letter, letter j) is inserted, with the following contents: " j) participate in the trading of natural gas only for the balancing activity of the system, through sales operations in the balancing market or in other markets, according to the regulations in force and the rules of ENTSO-G. Natural gas transactions 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 65. in Article 130, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (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. " 66. In Article 131 (1), letter b) shall be amended and shall read as follows: "" 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; " 67. In Article 131 (1), after letter d) two new letters, letters e) and f) are inserted, with the following contents: "" 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; 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 parts of the economic operator unless it is necessary for the conclusion of a trade transaction. ' 68. In Article 131, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (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. " 69. In Article 131, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "" (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). ' 70. In Article 138 (1), after letter d) a new letter, letter d ^ 1) is inserted, with the following contents: "d ^ 1) 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;" 71. Article 138 (2), point e) shall be repealed. 72. In Article 138 (2), letter f) shall be amended and shall read as follows: "" f) stop the natural gas supply of the use facilities, where there is a danger of explosion and safety in operation is affected; " 73. in Article 138, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) When a distribution operator responds to balancing 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. " 74. In Article 142 (1), after letter e), a new letter, letter f) is inserted, with the following contents: "" f) ensure adequate means for the performance of public service obligations. " 75. In Article 142, paragraph 3 shall be amended and shall read as follows: " (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 parts of the economic operator unless it is necessary for the conclusion of a trade transaction. ' 76. In Article 143, paragraph 1 shall be amended and shall read as follows: "" Art. 143. -(1) The natural gas supplier mainly has 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. " 77. In Article 145, paragraph 3 is amended and shall read as follows: "" (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 system operator/plant is 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 interrupt the supply of the final customer. 78. In Article 145, paragraph 4 is amended and shall read as follows: " (4) 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 the Recommendation 98 /257/EC ; these procedures are elaborated 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. " 79. Article 148 (1) shall be amended and shall read as follows: "" Art. 148. -(1) The connection of third parties to upstream power pipes, transmission systems, storage depots, LNG facilities/terminal and natural gas distribution systems shall be carried out in regulated mode, according to the specific regulations developed by ANRE. " 80. After Article 149, a new article is inserted, Article 149 ^ 1, with the following contents: "" Art. 149 149 ^ 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. " 81. In Article 150, letter a) is amended and shall read as follows: " a) the capacity of the target/system is insufficient; 82. In Article 151, paragraphs 1, 5 and 7 shall be amended and shall read as follows: "" Art. 151. -(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. .................................................................................................. (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. .................................................................................................. (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. " 83. In Article 152, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (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. ' 84. Article 152 (3) shall be amended and shall read as follows: "(3) The direct line shall be fully funded by the applicants and shall be owned by the applicants." 85. The title of Chapter VII is amended and shall read as follows: "" CHAPTER VII General provisions on liquefied petroleum gas (LPG), compressed natural gas (CNG), compressed natural gas for vehicles (GNCV) and liquefied natural gas (LNG) ' 86. Article 155 is amended and shall read as follows: "" Art. 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. " 87. After Article 156, two new articles are inserted, Articles 156 ^ 1 and 156 ^ 2, with the following contents: "" Art. 156 156 ^ 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 ^ 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. " 88. Article 157 is amended and shall read as follows: "" Art. 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. " 89. In Article 171, after paragraph 1, a new paragraph (2) is inserted, with the following contents: "" (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. " 90. In Article 173, paragraph 1 shall be amended and shall read as follows: "" Art. 173. -(1) The holders of storage, transmission, distribution and supply licences of natural gas and the holder of the LNG terminal operating licence are required to carry out their activities in compliance with the obligations stipulated in the licences, respectively the authorizations issued by ANRE, on safety, quality, continuity of supply, energy efficiency, in compliance with the safety and health norms of labor and environmental protection, as well as the provisions of the contracts direct with customers. " 91. In Article 174, paragraph 4 is amended and shall read as follows: " (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 gas operators, distribution operators, storage/storage operators and the operator of the LNG terminal. " 92. In Article 174, after paragraph 10, a new paragraph (11) is inserted, with the following contents: "" (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 transmission system operator. 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. " 93. In Article 175 (2), after letter d) a new letter, letter e) is inserted, with the following contents: "" e) require transmission system operators, distribution operators, storage operators and the operator of the LNG terminal, where 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. " 94. After Article 177 a new article is inserted, Article 177 ^ 1, with the following contents: "" Art. 177 177 ^ 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. " 95. In Article 178 (1), point b) shall be amended and shall read as follows: " b) recovery of the costs incurred in a prudent manner, relating 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; " 96. Article 178 (2), letter a) shall be amended and shall read as follows: "" a) regulated prices and tariffs shall be determined on the basis of methodologies approved and published by the competent authority; " 97. In Article 178 (2), after letter a) a new letter, letter a ^ 1) is inserted, with the following contents: "a ^ 1) the pricing methodologies and regulated tariffs shall be applied indiscriminately, shall be based on objective and transparent criteria and shall be subject to the public consultation process prior to their approval;" 98. Article 179 (1) shall be amended and shall read as follows: "" Art. 179. -(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 tariffs are established by ANRE. " 99. In Article 179 (2), letter b) shall be amended and shall read as follows: "b) the supply of natural gas at regulated price and on the basis of framework contracts until 1 July 2021 for domestic customers;" 100. In Article 179 (2), point c) is amended and shall read as follows: " c) the supply of the last resort of natural gas; ' 101. In Article 179 (2), point d) is repealed. 102. In Article 179 (2), a new letter, letter k) is inserted after the letter j), with the following contents: " k) activities related to the operation of the LNG terminal. ' 103. Article 179 (7) is amended and shall read as follows: " (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 the approved calendar. ' 104. In Article 181 (3), point b) is amended and shall read as follows: "" b) from 1 January 2015 and 1 January 2016 respectively, under the conditions of art. 179 179 para. ((2) lit. a), and until July 1, 2021, an import/domestic mixture structure for the quantity of natural gas intended for the consumption of domestic customers. " 105. In Article 194, a new point is inserted after point 36, paragraph 36 ^ 1, with the following contents: "" 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; ' 106. In Article 194, paragraph 37 is amended and shall read as follows: "" 37. non-compliance with the transparency requirements provided for in the ANRE regulations, as well as in European regulations 107. In Article 194, a new point is inserted after point 40, paragraph 41, with the following contents: "41. non-compliance by the supplier of the destination of natural gas quantities purchased from domestic production, necessary to cover consumption on the regulated market, under the conditions of this law." 108. In Article 195 (1) (2), point (b) is amended and shall read as follows: " 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; " 109. In Article 195 (1) (2), point (e) is amended and shall read as follows: "" e) with a fine of between 5% and 10% of the annual turnover, those of 35 35 and 36 ^ 1; " 110. Article 201 (2) shall be repealed. + Article II Procedure provided for in art. 62 62 para. ((1) lit. h ^ 6) as well as the regulation provided for in art. 100 100 section 26 of the Electricity and Natural Gas Law no. 123/2012 , with subsequent amendments and completions, as amended and supplemented by this law, is hereby approved by order of the President of the National Energy Regulatory Authority within 60 days of entry into force. force of the present law. + Article III Provisions art. 30 30 para. ((7) of Law no. 123/2012 , with subsequent amendments and completions, as amended and supplemented by this law, applies only to electricity networks for which the decision to start the investment was approved after the date of entry into force of the this law. + Article IV ((1) Law on electricity and natural gas no. 123/2012 , published in the Official Gazette of Romania, Part I, no. 485 of July 16, 2012, with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the articles a new numbering. (2) The National Energy Regulatory Authority will adapt the regulatory framework in accordance with the provisions of this Law, within 180 days from the entry into force of this Law. + Article V Oil Law No. 238/2004 , published in the Official Gazette of Romania, Part I, no. 535 of 15 June 2004, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 2, points 2, 7, 8 and 33 shall be amended and shall read as follows: " 2. oil agreement is the legal act concluded, according to the provisions of this law, between the competent authority and one or more Romanian or foreign legal entities, in order to grant the oil concession; .................................................................................................. 7. oil concession signifies the legal operation by which the Romanian state, represented by the competent authority, as concedent, transmits, for a fixed period, to a Romanian or foreign legal person, as concessionaire: a) the right and the obligation to perform, at risk and own expense, oil operations that fall under the present law, in exchange for a royalty; b) the right to use public property, necessary to carry out oil operations, in exchange for a royalty; 8. concessionaire is the Romanian or foreign legal person to whom the oil concession is granted; .................................................................................................. 33. the oil royalty represents the amount due by the holders of the state budget oil agreements, under the law, for the conduct of oil operations, as well as for the use of the public property of the state in the oil operations framework; ' 2. In Article 2, after paragraph 37, a new point is inserted, paragraph 37 ^ 1, with the following contents: "" 37 ^ 1. Oil transport system is the whole of the interconnected bus pipelines that ensure the collection of oil extracted from the operating perimeters or the one from import and its routing from the teaching points by manufacturers, respectively importers, to processing units, to distribution and consumption centres or to export, pumping and compression stations, load-offloading ramps by rail, and all installations, equipment and equipment. the related facilities; ' 3. In Article 14, paragraph 1 shall be amended and shall read as follows: "" Art. 14. -(1) The national oil transport system is the public transport system of the state and is of strategic importance. " 4. in Article 14, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) The right to operate the national oil transport system shall be granted to a holder of oil agreement, under the law. " 5. In Article 15, paragraph 1 shall be amended and shall read as follows: "" Art. 15. --(1) By way of derogation from the provisions of I subpct. 17 17 of the Annex to Law no. 213/1998 on public property, with subsequent amendments and completions, investments made from own sources of the holder, materialized in new goods, similar to those provided in art. 14, but which are not part of the national oil transport system, have the legal regime of private property and can connect to it. " 6. In Chapter III, the name of section 1 is amended and shall read as follows: "" SECTION 1 Transit of crude oil ' 7. Article 16 is amended and shall read as follows: "" Art. 16. -The transit of crude oil is carried out through bus pipelines, on contractual basis, in compliance with the legislation in force and of the international agreements to which Romania is a party. " 8. Article 17 is amended and shall read as follows: "" Art. 17. -The transit contracts of crude oil will be negotiated by the entities designated by the Romanian state with the corresponding entities in the states involved, based on the contractual conditions/clauses established according to the mandate of the competent authorities. 9. In Article 26, paragraph 1 shall be amended and shall read as follows: "" Art. 26. -(1) The legal regime of natural gas transport shall be established by special law. " 10. Article 26 (3) shall be repealed. 11. In Article 49 (2), after letter b) a new letter, letter b ^ 1) is inserted, with the following contents: " b ^ 1) a percentage share of gross proceeds from transport oil operations by means of transport systems other than the National Oil Transport System, as well as from oil operations carried out by terminals tankers, other than those in public property of the state, the quota determined on the basis of a methodology developed by the competent authority and approved by Government decision; " + Article VI Oil Law No. 238/2004 , published in the Official Gazette of Romania, Part I, no. 535 of June 15, 2004, with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. * This law transposes art. 3 3 para. ((5), art. 3 3 para. ((9) lit. c), art. 5 5, art. 9 9 para. ((1)-(3) and (5)-(7), art. 10 10 para. ((2) and (5), art. 11 11 para. ((8), art. 13 13 para. ((4) and para. ((5) lit. b), art. 16 16 para. ((1), art. 25 25 para. ((1), art. 26 26 para. ((2) lit. c), art. 31 31 para. ((3), art. 37 37 para. ((1) lit. p) and q), art. 37 37 para. ((3) lit. b), art. 37 37 para. (11), art. 38 38 para. ((1), art. 39 39 para. (1), (4) and (8), as well as Annex I, 1 lit. a), b), c), d), e), f), g), h), i) and j) 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 ,, published in the Official Journal of the European Union (JOUE) L series no. 211 of 14 August 2009, and art. 8 8, art. 9 9 para. ((1)-(3) and (5)-(7), art. 10 10 para. ((2) and (5), art. 13 13 para. ((1) and (5), art. 14 14 para. ((4) and para. ((5) lit. b), art. 16 16 para. ((1), art. 25 25 para. ((5), art. 36 36 para. ((9), art. 41 41 para. ((1) lit. d), g) and q), art. 41 41 para. ((3) lit. b), art. 41 41 para. ((6) lit. a) and c), art. 41 41 para. ((10) and (11), art. 42 42 para. ((1), art. 43 43 para. ((1), (4) and (8), art. 48 48, as well as Annex I. 1 lit. a), b), c), d), f), g), h) and i) 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 the natural gas sector and repealing Directive 2003 /55/EC ,, published in the Official Journal of the European Union (JOUE) 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. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC SENATE PRESIDENT CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, September 30, 2014. No. 127. ------