Issuant: Parliament of Romania

LAW 220 of 27 October 2008 (**republished**) (*updated*) for establishing the system
to promote the production of energy from renewable energy sources (updated on 1st July
2013)

*) The Updated form of this legislation until June 29, 2013 is made by the Legal Department
of the S.C. "Centrul Teritorial de Calcul Electronic" S.A. Piatra-Neamt by including all
amendments and supplements by Ordinance no. 29 of August 30 2010; Emergency Ordinance
no . 88 of 12 October 2011 , Law no. 134 of 18 July 2012, Emergency Ordinance no . 79 of
26 June 2013; Emergency Ordinance no . 57 of 4 June 2013.
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The content of this document belongs exclusively to S.C. "Centrul Teritorial de Calcul
Electronic" S.A. Piatra-Neamt and is not an official document and is designed to inform users.

---------------
**) Republished under art. II of Law no. 139/2010 on amending and supplementing Law no.
220/2008 for establishing of the promotion system of energy production from renewable
energy sources , published in the Official Gazette of Romania, Part I, no. 474 of 9 July 2010,
by giving to texts shall be renumbered.
Law no. 220/2008 on establishing the promotion system of energy production from renewable
energy sources was published in the Official Gazette of Romania, Part I, no. 743 of 3
November 2008.

CHAPTER 1

General provisions

Article 1

(1) This law establishes the legal frame necessary to extend the use of renewable energy
sources, by:

a) drawing into the national energetic balance the renewable energy sources necessary to
increase safety in supplying with energy and to reduce imports of primary energy resources;
b) stimulating the sustainable development at local and regional levels, and creating new jobs
afferent to the processes to turn in good account the renewable energy sources;
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c) Reducing the environment pollution by decreasing the production of polluting emissions

and greenhouse gases;

d) Ensuring co-financing necessary to draw some foreign financial sources meant to promote
the renewable energy sources;

e) Defining the norms relating to the guarantee of origin, applicable administrative procedures
and interconnection with the power grid concerning the energy produced from renewable
sources;

f) Establishing the ecology durability criteria for bio fuels and other bio-liquids.

(2) This law establishes the system to promote the electricity produced from renewable
energy sources.

Article 2

For the purposes of this law, the terms and expressions below have the following meanings:

a) ANRE – Romanian Energy Regulatory Authority;

b) Biomass - biodegradable fraction of products, waste and residues from agriculture,

including vegetal and animal substances, from forestry and related industries, as well
as the biodegradable fraction of industrial and municipal waste;

c) Bio-liquids - liquid fuel being used in energy purposes and produced from biomass;

d) Bio-fuel: liquid or gaseous fuel for transport, produced from biomass;

e) Power station - ensemble of installations, constructions, and equipment necessary to

generate electric power;

f) Refurbished hydroelectric station - hydroelectric station with installed power of

maximum 10 MW that meets the following conditions: -has a duration of operation of
at least 15 years from commissioning; -was subject to various replacement operations
of current technologies, worn out morally and/or materially, with modern technologies
in order to increase the effectiveness of production activity;

g) New power station /new power group - power station /group that entered in operation
after 1st day of January 2004;

h) Green certificate - title that certifies production from renewable energy sources of a
 3

quantity of 1 MWh power. The green certificate can be traded in a distinct manner
from the electricity that it represents on an organized market, according to the legal
framework;

i) Gross domestic consumption of electric power – electric power quantity equivalent to

the net electricity, including that of self-producers and adding the difference between
import and export of electricity;

i ^ 1) gross final energy consumption – the consumption of energy products delivered for
energy purposes to industry, transport , household sector , services including public services ,
agriculture, forestry and fisheries, including the consumption of electricity and heat
generation sector of electricity and heat, as well as electricity and heat losses in the
distribution and transport;

i ^ 2) renewable energy obligation - the promotion system that either requires to the energy
producers to include a given proportion of their production of renewable energy , or to the
energy suppliers to include the supply of a certain proportion of energy from renewable or to
the energy consumers to include a certain proportion of their consumption of energy from
renewable sources. The Systems where such requirements can be fulfilled by using green
certificates are included in the definition;

i) Technological consumption - power consumption of a plant necessary for the

electricity production;

k) Electricity final consumer - person that uses power for own consumption, except for
electricity used in technologic processes of production, transmission and distribution
of power;

l) Mandatory annual quota of green certificates - share green certificates required

annually to electricity suppliers in accordance to this law, failing which the application of
penalties;

m) mandatory annual quota of electricity produced from renewable sources that benefit
from the promotion system - the share of energy from renewable sources in gross final
consumption of electricity, for which the mandatory quota system applies , with the exception
of electricity produced in hydroelectric plant with installed capacity greater than 10 MW;

n) Aero thermal energy - energy stored as heat in the ambient air;

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o) Geothermal energy - energy stored in the form of heat beneath the surface of solid
earth;

p) Hydrothermal energy - energy stored as heat in surface waters;

q) Environmental Fund – the economic and financial instrument operated by the

Environmental Fund for the support and implementation of environmental projects and
programs in accordance to the legal provisions on environmental protection , regulated
according to Government Emergency Ordinance no. 196/2005 on the Environmental Fund ,
approved with amendments by Law no. 105/2006 , with subsequent amendments ;

r) Power supplier - legal person holder of a supply license, that ensures the supply with
electricity to one or several consumers based on a supply contract;

s) Guarantee of origin - the document issued by the competent authority to electricity

producers that attests its origin from renewable energy sources or in co-generation;

ş) Power Group - technologic unit that produces electricity which can be individualized
as achievement, refurbishment and commissioning;

t) Urban Heating or Cooling - distribution of thermal energy as steam, hot water or

cooling liquids from a central source of production through a network towards several
buildings with the purpose to be used for heating or cooling the spaces or processes;

ţ) Competent Ministry - Ministry of Economy and Finances;

u) Transmission and system operator - a person that holds with any title a transmission
grid and is the holder of a transmission license, being responsible for the operation,
maintenance and, if necessary the development of the transmission grid in a specific
zone and, where applicable, its interconnection with other electro-energetic systems,
as well as the assurance of the capacity on long term of the system to cover reasonable
demands for electricity transmission;
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v) Distribution operator - any person that holds with any title a distribution grid and is
the holder of a distribution license being responsible for the operation, maintenance
and, if necessary, the development of the distribution grid in a specific zone and,
where applicable, its interconnection with other electro-energetic systems, as well as
the assurance of the capacity on long term of the system to respond to reasonable
demands for electricity distribution;

w) Grid operators - distribution operators and the transmission and system operator;

x) National Action Plan – the Plan which establishes national targets for the share of
energy from renewable sources consumed in transport , electricity, heating and cooling in
2020, taking into account the effects of other policy measures relating to energy efficiency on
final energy consumption and measures to be taken to achieve those national overall targets ;

y) Mandatory quota system - the mechanism of promotion of electricity produced from

renewable energy sources by applying the mandatory annual quota of green certificates;

z) system of promotion - any instrument , scheme or mechanism that promotes the use of
energy from renewable sources by reducing the cost of energy, by increasing the price at
which it can be sold or by increasing , by means of renewable energy obligation or otherwise ,
the amount purchased by the type of energy; this includes, but is not limited to the promotion
system by green certificates, investment aid, tax exemptions or reductions, tax refunds,
promotion schemes on the obligation to purchase energy from renewable sources;

aa) green certificate promotion system - mandatory quota system combined with green
certificates trading;

ab ) isolated power system - the local system of production, distribution and supply of
electricity is not interconnected with the National Power System ;

ac) renewable energy - non-fossil energy sources , namely: wind, solar, aero thermal ,
geothermal , hydrothermal and ocean energy , hydropower , biomass, landfill gas , landfill gas
called and mud fermentation gas from wastewater treatment plants and biogas;

ad) national targets for the share of electricity produced from renewable energy sources -
national targets for the share of electricity produced from renewable sources in gross final
consumption of electricity, including the addition of electricity from renewable energy set out
 6

in art Article 3. (1) and electricity produced in hydropower plants with installed capacity
greater than 10 MW.

ae) multi-fuel power plant - power plant that produces electricity using renewable and
conventional sources of energy that are used in combustion plants / power boilers, or in the
same combustion if the conventional fuel energy content does not exceed 10 % of the total
energy content ;

af) overcompensation – situation in which, by taking into account the specific average
technical and economic indicators that are made annually for each technology , from the cost-
benefit analysis carried out for all production capacities using the same technology results an
internal rate of return exceeding 10 % of considerable value to the authorization of the
promotion system which will be published on the website of ANRE ;

ag ) cost-benefit analysis – the economic analysis performed to determine the return on

investments in electricity production from renewable energy by utilizing the updated
technology applied to investment costs , operating costs and revenues over the life of the
project ;

ah) internal rate of return - indicator resulted from a cost-benefit analysis that expresses the
profitability of the investment project , ie the update rate for which the revenues are equal to
expenses;

ai) energy crops - crops of agricultural or non-agricultural plants, particularly the production
of bio-fuels or biomass production used to produce electricity and heat ;

aj) priority access to the grid for electricity from renewable sources - set of technical and
commercial rules and conditions under which certain categories of producers of electricity
from renewable energy sources shall have the possibility of taking over at any moment and
selling all of the electricity produced at a time, depending on the grid connection capacity and
availability of units / resources eligible, to the extent that safety is not affected in the National
Power System;
 
ak) guaranteed access to the grid of electric power from renewable energy-a set of rules and
technical and commercial conditions under which electricity produced from renewable energy
 7

that benefits from support scheme by green certificates, which is contracted and sold on the
electricity market and it ensures the taking of the grid;
al) accreditation – the activity of ANRE based on its own rules that is given to the economic
operator which owns power plants that use renewable energy sources, the right to benefit of
the promotion system provided by this Law;

am) qualification - activity of ANRE based on its own regulation that establishes the amount
of electricity from high efficiency cogeneration in a central / group of cogeneration.

Article 3

(1) The promoting system of electricity produced from renewable energy sources, hereinafter
called as 'the promotion system”, established by this law is applicable for the energy supplied
in the electrical network and/or consumers, generated from:

a) Hydro energy used in stations with an installed power of maximum 10MW;

b) Wind energy;

c) Solar energy;

d) Geothermal energy and associated fuel gases;

e) Biomass;

f) Bio-liquids

g) Biogas;

h) Landfill gas;

i) Sludge digester gas from wastewater treatment plants.

(2) The promoting system established by this law shall be enforced for a period of:

a) 15 years for electricity produced as per paragraph. (1) in groups / new power plants;

b) 10 years for electricity produced in groups of hydroelectric plants with installed capacity of
10 MW;
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c) 7 years, for electricity produced in groups / wind power plants, which have been used to
produce electricity in other states, if they are used in isolated systems or have been operating
in Romania before the application of the system promotion hereunder;

d) 3 years for electricity produced in groups / hydro power plants with installed capacity of 10
MW, non-reengineering.

(3) The promotion system established by this Law shall apply to producers of electricity
from renewable energy sources, including the electricity produced during the trial period,
based on the accreditation decision issued by ANRE according to Art. 6 para. (6), if the
commissioning or refurbishment of units / stations shall be made by the end of 2016.

(4) For the purposes of promotion system established by this law, accreditation power
plants can be phased, as the commissioning of each individual group within an electric power
capacity containing more such power groups, in which case the period of applying the
promotion governed by this Law shall be applied differently depending on the time of
accreditation, case in which the period of applying of the promotion system governed by this
Law shall be applied differently depending on the time of accreditation.

(5) In case of electricity produced into multi-fuels production capacities that use
renewable and conventional sources, only the electricity produced effectively from renewable
energy sources established based on the afferent energy content, shall benefit from the support
system.

(6) The system to promote electricity production from renewable energy sources as
established by this law shall not apply to:

a) Electricity produced from fuel derived from biomass, industrial and / or municipal waste
purchased from import, regardless of the capacity of installed power plant;
b) Electricity produced in pumped storage plants with the water previously pumped into the
upper basin;
c ) electricity produced in power plants that use renewable and conventional sources of energy
in the same combustion if the conventional fuel energy content exceeds 10% of the total
energy content;
d) Electricity related to the technological consumption of the plant.
e) The electricity produced in photovoltaic power plant located on land, on 31 December
2013, was in agricultural circuit;
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f ) the quantity of electricity supplied additional by the dispatchable units, except the
quantities of electricity from natural notifications schedules submitted by the producers of
electricity from renewable energy with transmission to the system operator.

(7) In the first decade of December, ANRE publishes on the own website the mandatory
annual quota of purchasing green certificates estimated for the following year, the number of
green certificates estimated to be issued based on the information on electricity estimated to
be produced from renewable energy sources for the following year and the final electricity
consumption estimated for the following year

(8 ) In the case of renewable energy producers who received green certificates prior to
application of the promotion system of the present law , the periods of application set out in
para. ( 2 ) will be reduced as it follows:
a) Producers which have turned on the plants of electricity production before the entry into
force of this law, corresponding to the periods for which they have already received the green
certificates;
b ) In the case of the producers which have put into operation the plants of electricity
production during the period between the entry into force of this Act and 1 November 2011,
for the number of green certificates already received.
(9 ) The producers of electricity from renewable energy sources provided in par. ( 1) . e) -g)
benefit from the promotion system established by this law only if they have a certificate of
origin for biomass used as fuel or feedstock.
(10) Certificates of origin set out in para. (9 ) shall be issued by :

a) Ministry of Environment and Forests, for the biomass from forestry and related industries,
as well as biomass from industrial and municipal waste ;
b ) Ministry of Agriculture and Rural Development for biomass from agriculture and related
industries .

(11 ) Certificates of origin set out in para. (10) are issued under procedures approved by the
Minister of Environment and Forests , respectively, the Minister of Agriculture and Rural
Development.

CHAPTER 2
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The system to promote the production of electricity from renewable energy sources

Article 4

(1) In order to promote the production of electricity from renewable energy sources it is
applied the system of promotion regulated by the hereby law.

(2) The level of national targets concerning the share of electricity produced from
renewable energy sources into the final consumption of electricity for the years 2010, 2015
and 2020 is of 33%, 35% and respectively 38%.

(3) When reaching the national targets mentioned by paragraph (2), in addition to the
electricity produced from renewable energy sources as mentioned by article 3 paragraphs (1)
it shall be considered the electricity produced in hydroelectric stations having installed powers
greater than 10 MW.

(4) The annual mandatory quotas for electricity produced from renewable energy sources
covered by green certificate promotion system for 2010-2020 are as it follows: 2010 - 8.3% ;
2011-10 % 2012-12 % 2013-14 % 2014-15 % 2015-16 % 2016-17 % 2017
- 18 % 2018-19 % 2019 to 19.5 % 2020-20 %.

(5) The annual mandatory quotas for electricity produced from renewable energy sources
covered by green certificate promotion system for 2020-2030 are established by the Ministry
of Resort and approved by Government decision and will not be less than the quota
established for 2020.

( 6 ) ANRE accredits the producers of electricity from renewable energy to benefit from the
green certificate promotion system , as provided in the Rules of accreditation of producers of
electricity from renewable energy sources for the application of the green certificate
promotion system .
 
(7) In the first decade of December, ANRE publishes on the own website the mandatory
annual quota of purchasing green certificates estimated for the following year, the number of
green certificates estimated to be issued based on the information on electricity estimated to
be produced from renewable energy sources for the following year and the final electricity
consumption estimated for the following year
 11

(8 ) ANRE shall elaborate, within 3 months from the entry into force of this Act *) , a
methodology for setting annual quotas of green certificates , approved by ANRE President's
order.
 
(9 ) ANRE establishes by Order, no later than 1 March of each year, the annual mandatory
quota of purchase of green certificates for the previous year, based on realized quantities of
energy from renewable sources and the final consumption of electricity in the previous year ,
but not to exceed the level corresponding to the mandatory quota of electricity from
renewable sources provided in par . ( 4).

(10) The energy suppliers are obliged to report quarterly the accomplishment of the
mandatory quota of purchase of green certificates, established by ANRE.

Article 5
( 1) The national target for the share of energy from renewable sources in gross final energy
consumption in 2020 is 24 % .

( 2 ) The gross final consumption of energy from renewable sources is calculated as the sum
of:
a) The gross final consumption of electricity from renewable energy sources;
b ) The gross final consumption of energy from renewable sources for heating and cooling,
and
c ) The final consumption of energy from renewable sources in transport .

( 3) The methodology for calculating the gross final consumption of energy from renewable
sources is established by ANRE within 90 days of the entry into force of this law **) .

( 4) In order to achieve the objective set out in para. (1), Romania's energy Policy will follow
at least to achieve the mandatory annual quota of electricity produced from renewable energy
sources, provided in art. 4.

( 5) The national target for energy from renewable sources in all forms of transport in 2020 is
at least 10% of the national final energy consumption in transport.
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(6) The share of energy from renewable sources in all forms of transport in 2020 is
determined as it follows:
a) for the calculation of the denominator, ie the total amount of energy consumed in transport,
taking into account petrol, diesel, bio-fuels consumed on the road and rail transport and
electricity ;
b ) for the calculation of the numerator, ie the amount of energy from renewable sources
consumed in transport , taking into account all types of energy from renewable sources
consumed in all forms of transport;
c ) for calculating the contribution of electricity produced from renewable sources and
consumed in all types of electric vehicles within the meaning of letter a) and b ), it is used the
share of electricity from renewable sources in Romania , measured two years before the year
in question. In addition , for the calculation of electricity from renewable sources consumed
by electric vehicles , this consumption is considered as 2.5 times of the energy content of
electricity produced from renewable energy sources.

( 1 ) The operator of transport and system issues green certificates monthly for the amount of
electricity from power plants that use renewable energy sources , from which they deduct the
amount of electricity needed to ensure their own technological consumption.

( 2 ) The renewable energy producers benefit from a number of green certificates for
electricity produced and delivered according to para . ( 1 ) as it follows:
a) 3 green certificates for each 1 MWh produced and delivered, if the hydroelectric plants are
new, or 2 green certificates for each 1 MWh produced and delivered , if the hydroelectric
plants are retrofitted for electricity from hydropower plants with installed capacity of 10 MW;
b ) a green certificate for each 2 MWh of hydroelectric plants with an installed capacity of 10
MW , which fall under the terms of letter a);
c ) two green certificates until 2017 , and a green certificate from 2018 for each 1 MWh
produced and delivered by the producers of electricity from wind power;
d ) two green certificates for each 1 MWh produced and delivered by the producers of
electricity from sources referred to in article 3. (1) d) to g);
e) a green certificate for each 1 MWh produced and delivered by the producers of electricity
from sources referred to in art . Article 3. ( 1) . h ) and i);
f ) 6 green certificates for each 1 MWh produced and delivered by the producers of electricity
from the sources referred to in art. article 3. line (1) .c ).
 13

(2^1) Within the period 01.07.2013 –31.12.2016 shall be temporarily postponed the granting of a
number of green certificates from such provided in par. (2), for each 1 MWh produced and delivered
by the producers of electricity from renewable sources, as follows:
a) One green certificate for new hydro-electric power plants, with installed powers of maximum 10
MW;
b) One green certificate for wind power plants;
c) Two green certificates for solar power plants,

(2^2) The recovery of green certificates, deferred in accordance with provisions of par.(2^1) shall be
made starting with 01.01.2017 for the plants provided at letters a) and c), respectively as of
01.01.2018 for the plants provided at letter b).
The method of staggered recovery of the number of postponed green certificates in accordance with
par. (2^1) shall be established by ANRE by way of secondary legislation.
( 3 ) They take advantage of the promotion system regulated by this law and the electricity
produced in power plants using renewable sources connected to isolated power systems.

(4) For the he electricity produced in power plants / cogeneration units using renewable
energy provided in art. 3. Line (1) d)- i) and qualified by ANRE as high efficiency, is granted
in addition to the provisions of par. (2) d ) and e ), one green certificate for each 1 MWh
produced and delivered .

(5) For the electricity produced in power plants by using biomass derived from energy crops
or forestry waste is given in addition to the provisions of par. (2) d ), one green certificate for
each 1 MWh produced and delivered . The forestry waste means:

a) debris and wood waste from wood exploitation of forest floorboard (thin wood, twigs,
bark , chips, husk) , as defined in the legislation in force : cracked diameter of 6 cm , zoburi ,
tearing, peeling, wood rot , uprooted stumps resulting from exploitation of timber from
windfalls;
b ) scrap wood from forests hygiene and grooming ;
c ) waste from the cleaning of mountain pastures;
d ) wood waste from trimming trees by municipal services ;
e) Wood waste abandoned on land, along roads , access roads , as well as channels, shores and
rivers (alluvial wood).
 
( 6 ) ANRE shall:
 14

a) Accredit groups / power plants that benefit from the green certificate promotion scheme
under Regulation accreditation of producers of electricity from renewable energy promotion
scheme application;
b ) develop a regulatory framework for monitoring costs / income of the producers of
electricity from renewable receiving promote green certificate scheme .

“(7) Excepting the provisions of par. (2), (4) and (5), irrespective of the used renewable source type,
electricity producers shall benefit of:
a) One green certificate for each 1 MWh produced and delivered from power plants throughout
the probation period;
b) A number of green certificates established by ANRE by the reduction of the number
of green certificates stipulated in par. (2) and par. (4) or (5), as the case may be, diminishing
the reference value of the investment per MW by the value of the aid received per MW and
maintaining the internal rates of return considered in the computations supplied to the
European Commission under the process of authorizing the promotion system, if the power
plants additionally benefit of one or several state aids;

(7 ^ 1) Repealed

(8 ) Producers of electricity from renewable energy sources receive green certificates

according to the accreditation decision issued by ANRE in the regulation referred to in para.
( 6 ) lit. a) from the date of issue .

(9 ) Green certificates issued by the transport and system operator have a valability of 16
months.

( 10) The mechanism of reducing the number of green certificates provided in par. (7) . b )
shall be established by regulation pursuant to para. ( 6 ) lit. a) .
 
Article 7
Producers of electricity from renewable sources transmit monthly to the transport and system
operator the necessary information to determine the quantity of electricity produced from
renewable sources which receive green certificates in the previous month, accompanied by :
a ) Documentation which confirms the measured values of the electricity which is
supplied/consumed, signed with network operators, if the producers supply power in
electricity grids
 15

b ) data on the quantity of electricity produced from renewable sources and delivered to
consumers when the producers supply electricity directly to consumers, including for own
final use other than personal technology use.
 
Article 8
( 1) The quantity of electricity that establishes the obligation to acquire green certificates
include :
a) Electricity purchased by electricity suppliers, for both of their final consumption and sale to
end consumers;
b ) electricity used for own final consumption, other than own consumption by an electricity
producer ;
c ) electricity used by a manufacturer to supply electricity to consumers connected by direct
lines to the power plant.

( 2 ) Electricity suppliers and producers referred to in para. ( 1 ) are required to purchase a

number of green certificates quarterly equivalent to the product of the annual mandatory quota
of green certificates set for the year, according to Art. Article 4 . (7) , and the amount of
electricity provided in par. ( 1 ), expressed in MWh , provided quarterly to final consumers.
 

( 3 ) Electricity suppliers and producers referred to in para. ( 1) shall be obliged to submit

quarterly to ANRE, in the format and within the time specified by the quantities of electricity
for which they have the obligation to acquire green certificates under this law. Within 15
days of receipt of data, ANRE publish on its website and provides to the operator of the
electricity market the trading list of suppliers / producers who have met quarterly quota and
the number of green certificates not acquired.

(4) The electricity bill sent to final consumers, the green certificates are billed separately from
the rates / prices for electricity, stating the legal basis. This value is the product of the annual
mandatory quota certificate acquisition (CV / MWh) estimated by ANRE, the amount of
billed electricity (MWh ) and the weighted average price of green certificates traded on
centralized markets for green certificates in the latest three months of trading agreements. If ,
during the 3 months preceding the aggregate amount of green certificates traded on the
centralized green certificates is less than 100,000 green certificates during the calculation of
the weighted average price spreads in the latest six months of trading agreements.
 
 16

(5) The weighted average price per paragraph (4) is calculated and published quarterly by the
commercial operator of the electricity market on its website no later than the 15th of the last
month of the quarter, and is used in the end consumers bills issued in the next quarter.

( 6 ) No later than September 1st of each year, the electricity suppliers and producers referred
to in para. (1) shall regulate the value of green certificates for the previous year based on the
annual quota established by ANRE according to Art. Article 4 . (9 ) , the electricity bills and
weighted average price of green certificates used by the supplier for the previous year .
 
(7) The value of green certificates not acquired due according to Art. 12 para. (2) may not be
included in the invoice to the end consumer.

( 8) It exempts from the provisions of this law a percentage of the amount of electricity
supplied to final consumers, in compliance with European regulations incidents. The
qualifying conditions for exemption mechanism and the amount exempted, subject to the
application of the annual energy efficiency, will be approved by Government decision and it
will be subject to separate ANRE regulations, after their notification to the European
Commission and obtaining a positive decision from its part.
 

(9 ) The trading of green certificates is allowed only to the producers of electricity from
renewable energy sources and economic operators referred to in art. 8 . ( 1), in a transparent
manner, centralized and non centralized on markets administered by the commercial operator
of the electricity market .
 
Article 9
( 1) The transport operator and distribution and system operators are obliged to guarantee the
transport, respectively the distribution of electricity produced from renewable energy sources ,
by ensuring the reliability and safety of electricity networks.

(1^1) In issuing the technical connection permit, the network operators have the right to
request financial guarantees.
( 1 ^ 2) The amount of financial guarantees and the use thereof shall be established by ANRE
regulations.
 
 17

( 2 ) Connection of the producers of electricity from renewable sources in electricity networks

is realized based on the Regulation on connecting users to public electricity networks, issued
in compliance with the legal provisions in the field.
( 3 ) Investments made by the transmission and / or distribution under par. (2) are considered
regulated assets, recognized for this purpose by ANRE.
(4) The transmission and distribution tariffs are non-discriminatory between electricity
produced from renewable energy sources and the energy produced from conventional
sources .
(5) If the transmission and system operator or distribution operators take significant measures
to limit the use of renewable energy sources in order to guarantee power system security and
national security of energy supply, the responsible system operators are obliged to inform
ANRE on those measures and indicate which corrective measures they intend to take to
prevent inappropriate curtailments.
 18

CHAPTER 3

Trading of green certificates

Article 10

(1) The producers and suppliers of electricity from renewable sources of energy can
sell green certificates on the centralized market of green certificates, as well as on the market
of bilateral contracts of green certificates.

(2) The trading of green certificates market of green certificates is provided by the company
""Operatorul Pieţei de Energie Electrică - Opcom" - S.A., as operator of the electricity
market, according to ANRE regulations.

(3) Until the completion of the national targets set out in art.4 (2), the sale of electricity
produced from renewable sources that benefit from the promotion system hereunder are solely
to cover gross final electricity consumption of Romania, and that electricity is accompanied
by guarantees of origin issued according to Art. 24.

Article 11
( 1 ) For the period 2008 to 2025 , the trading value of green certificates on markets referred
to in art. 10 para. ( 1 ) is between :
a) a minimum value of 27 Euro/certificate; and b) a maximum of 55 euro/certificate.

( 2 ) In all cases , the value of USD is calculated at the average exchange rate set by the
National Bank of Romania for December of the previous year.

( 3) Since 2011, the transaction values provided in par. (1) is indexed annually by ANRE
according to the average annual inflation rate for the previous year, calculated in the euro area
in the European Union (EU) officially communicated by EUROSTAT.

( 4) Within 15 days of the official publication of the average annual inflation by EUROSTAT,
ANRE approves by order the minimum and maximum values determined according to para .
(1) and (3), applicable for the current year.
 19

( 5 ) After 2025, the trading value of green certificates will be that one set on the green
certificates market, but cannot be less than the minimum trading amount applied in 2025,
indexed annually under par . ( 3).

CHAPTER 4

Fulfillment of mandatory quotas of purchase of green certificates

 

Article 12
( 1 ) Until April 15 of each year, ANRE establishes for each supplier and each of the
producers who are required to purchase green certificates, the degree of individual fulfillment
of the annual mandatory quota of green certificates for the previous calendar year, the the
information on the number of green certificates and electricity consumption purchased /
delivered for consumption , according to art . 8 ( 1).

( 2 ) Suppliers and producers referred to in art. Article 8 . (1) which do not provide annual
mandatory quota are required to pay for the green certificates that were not acquired to the
Environment Fund Administration in the amount of EUR 110 for each certificate that is not
acquired, calculated in lei at the average exchange rate set by the National Bank of Romania
for December year.

( 2 ^ 1 ) Suppliers and producers referred to in art. 8 (1) which do not provide the mandatory
quota quarterly, are obliged to pay within 45 days after the end of the quarter, for each green
certificate not purchased, the maximum price of green certificates approved by ANRE for that
year, according to art. 11 para. ( 4 ), in a guarantee fund for green certificates market
functioning , established and managed by the commercial operator of the electricity market,
for the purchase of green certificates from the producers, which are unsold due to failure rate.
Green certificates for which were paid in the guarantee fund shall be considered in the annual
quota of suppliers/manufacturers.

( 2 ^ 2 ) The Guarantee Fund purchases through the commercial operator of the electricity
market, from all producers of electricity from renewable the offered and traded green
certificates, according to a regulation issued by the commercial operator of the electricity
 20

market and approved by ANRE. The green certificates sold to the Guarantee Fund shall be
canceled.
 
( 3) Since 2011, the amount/value provided in par. (2) is indexed annually by ANRE
according to the average annual inflation rate for the previous year , calculated in the euro
area from EU officially communicated by EUROSTAT.

( 4) Within 15 days of the official publication of the average annual inflation by

EUROSTAT , ANRE approves and publishes on its website the amount determined according
to para . (2) and (3) applicable for the current year.

(5) The Environment Fund Administration issues invoices for payment of obligations arising
from the application of para. ( 2 ) within 10 days of the notification issued by ANRE on
debtors and the amounts due.

(6) The amount resulting from the application of paragraph. (5) is used by Environmental
Fund Administration in order to finance investments in energy production from renewable
sources by individuals realizing energy capacities with installed power up to 100 kW .

(7) Suppliers and producers which sale electricity to final consumers are obliged to report
regularly according to ANRE regulations on the cost of purchase of green certificates
corresponding to a kWh of electricity sold to them.

CHAPTER V

Regional assessment of the potential of renewable energy sources

Article 13

(1) The competent Ministry has the following duties:

a) It establishes the strategy for turning into good account and to promote the renewable
energy sources;

b) It assesses technical, economic and ecology potential for each type of renewable
energy resource;

c) It structures the potential established pursuant to letter b) on the license zones afferent
 21

to the electricity distribution operators that have the capacity of grantee in the granting
agreements;

d) It establishes together with ANRE the unitary frame of norms, rules and regulations
concerning location and implementation of the projects of renewable sources.

(2) The Ministry of resort develops the national action plan on renewable energy
according to the model established by the Commission in accordance with Art. 4. (1) of
Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the
promotion of energy from renewable sources and amending and subsequently repealing of
Directives 2001/77/EC and 2003/30/EC

CHAPTER VI

Trading electricity produced from renewable energy sources

Article 14 (1) The producers of electricity from renewable energy sources sell the power
generated on wholesale market of power at the market price.

( 2 ) The electricity produced from renewable energy power plants with installed capacity of 1
MW or 2 MW per power station for high efficiency cogeneration from biomass can be sold to
suppliers whose areas of license are located those power plants, at unique prices regulated by
type of technology. The electricity sold at regulated price does not receive green certificates.

( 3) The suppliers referred to in para. ( 2 ) must, upon request of producers that use renewable
energy sources, to purchase electricity under par. (2) in the conditions stipulated by ANRE.

(4) The regulated prices and electricity trading arrangements of the electricity from renewable
under par. (2) shall be established by ANRE based on a methodology and shall be notified to
the European Commission under the law.

( 5) The demands for sale of electricity by producers / consumers referred to in para. ( 3) shall
be addressed to the suppliers mentioned in par. (2) usually by the end of October of the year
preceding the contract, contracts of sale being concluded for at least one year.
 22

( 6 ) Natural and legal persons that hold units of electricity production from renewable
sources with installed capacity below 100 kW per consumption, as well as the public
authorities holding power generation capacity from renewable sources made, partly or totally,
from structural funds, benefit from the providers with whom they contract to supply
electricity on demand regularization of service, financial and/or quantitative, between the
energy supplied and the energy consumed in the network, according to a methodology
approved by ANRE.
 
(7) The operator of the transport and system and/or distribution operators provides
transportation, distribution as well as priority dispatching of electricity produced from
renewable sources, for all renewable energy producers , regardless of capacity, based on
transparent and non-discriminatory criteria, with the possibility of changing the notifications
during the business day, according to the methodology approved by ANRE, so the limitation
or interruption of energy from renewable sources to be applied only in exceptional cases
where this is necessary for the stability and security of the National Power System.
 

(8) For the electricity that benefits from the support system provided by the present law,
contracted and sold in the energy market, it ensures the guaranteed access to the grid, except
hte electricity that is contracted and sold at a regulated price per paragraph (2) for which it
ensures the priority access to the network.

(9 ) ANRE establishes rules which allow the guaranteed access, namely the network priority
under par . (7) and (8 ), including the possibility of trading power in the day of operation,
upon proposal of the transmission or system operator and in consultation with all interested
parties.

CHAPTER VI ^ 1
Cooperation mechanisms in order to achieve the national target for energy from renewable
sources

Article 15
( 1 ) In order to achieve the national target for energy from renewable sources:

a) Romania may, by mutual agreements with EU Member States European :

 23

(i ) provide for and agree upon statistical transfers amounts of energy from renewable sources
with another Member State, or by or towards that Member State;

(ii ) cooperate in joint projects on energy production from renewable energy sources;

( iii ) to harmonize, in whole or in part, the national promotion schemes;

 

b ) Romania may, by mutual agreements with third countries, cooperate in the implementation
of projects related to energy production from renewable energy sources.
 
( 2 ) Cooperation through mutual agreements of those set out in para. ( 1) a) ( i) and ( ii ) and
let. b) may involve private operators. Those agreements are concluded for one or more years
and are notified to the European Commission by the Ministry within 3 months of the end of
each year that are in force

(3) If for the achievement of national gross final consumption of energy from renewable
sources, it is taken into account the electricity from renewable energy sources produced and
consumed in a third country under joint agreements referred to in para. ( 1) . b ) , the Ministry
of resort will submit a request for the approval of the European Commission, in compliance
with art . 9 para .(3) - (7) and article 10 of Directive 2009/28/EC.
 
(4) The Ministry of resort may propose to the Government to implement the provisions of par.
(1) a) ( i) and ( iii ), upon proposal of another Member State of the European Union or it is
necessary to meet the national target gross final consumption of energy from renewable
sources, in compliance with article 6 and 11 of Directive 2009/28/EC.
-------
 

Article 16
( 2 ) The ministry of resort, based on data provided by the competent authorities shall inform
the Commission on the proportion or amount of electricity or heating or cooling energy from
renewable energy sources produced by any joint project in Romania, which became
operational after 25 June 2009 or by the increased capacity of an installation that was
 24

refurbished after that date, that shall be regarded as counting towards the national overall
target of the Member State that concluded the joint.

( 3) The notification referred to in para. (2):

a) describes the proposed installation or identifies the refurbished installation of the joint;
b ) specifies the proportion or amount of electricity or heating or cooling power produced
from the installation which must be taken into account in the overall national goals of another
Member State;
c ) identifies the Member State for which the notification is being made ;
and
d ) specifies the period, in whole calendar years, in which the electricity or heating or cooling
power produced by the installation of renewable energy must be considered as included in the
national overall target of the other Member State.

( 4) The period specified in par. ( 3) . d ) may not exceed 2020. The duration of a joint project
may exceed 2020.

(5) A notification made under this Article may not be amended or withdrawn without the
consent of the Member State identified in accordance with para. ( 3) . c ) .

Article 17
( 1) When carrying out joint projects in accordance with art . 16 , within 3 months from the
end of each year of the period specified in art . 16 para. ( 3) . d ), Ministry of resort sends a
notification letter to the Commission, stating:

a) the total amount of electricity or heating or cooling power produced during the year from
renewable energy sources by the installation which was the subject of the notification , and

b ) the amount of electricity or heating or cooling produced during the year from renewable
energy sources by the installation which will be considered for the national overall target of
another Member State in accordance with the terms of the notification.

( 2 ) The letter of notification is sent to the Member State in whose favour the notification was
made, as well as to the European Commission .
 25

(3) The amount of electricity or heating or cooling power from renewable energy sources
notified in accordance with para. (1) b):

a) it is deducted from the amount of electricity or heating or cooling power from renewable
sources that is taken into account in measuring of the compliance by the Member State, which
issues the letter of notification under par. ( 1), and

b ) is added to the amount of electricity or heating or cooling power from renewable energy
sources that is taken into account in measuring of the compliance by the Member State that
issues the letter of notification under par. (2).
Article 18
The electricity from renewable energy sources produced in a third country is considered as the
national overall targets if the following conditions are met :

a) the electricity is consumed within the Community, that requirement is deemed satisfied if :

(i ) an amount of electricity equivalent to the amount of electricity accounted for, has been
firmly established in the process of allocated interconnection capacity by all transport and
system operators in the country of origin, country of destination and, if is relevant, each third
country of transit;

(ii ) an amount of electricity equivalent to the amount of electricity accounted for, has been
firmly established in the balance of power scheduled by the transport and system operators
from the Community party of the interconnection; and

( iii ) the capacity and the production of electricity from renewable energy sources by the
installation referred to in lit. b), refer to the same period of time;
b ) the electricity is produced by a newly constructed installation that became operational after
25 June 2009, or a refurbished facility whose capacity was increased after that date, under a
joint project as referred to in point . a) , and
c ) the amount of electricity produced and exported has not received further support from a
support scheme of a third country other than investment aid granted to the installation .

Article 19
For the purposes of article 16 paragraphs (2) and article 18 letter b), the renewable energy
units resulting from increased capacity of an installation shall be considered as being
 26

produced by a separate installation which was put into operation on the date on which the
increase of capacity occurred.

CHAPTER VIII
Monitoring and reporting
 
Article 20
( 1 ) ANRE monitors the development and operation of green certificates market, prepares
and publishes an annual report on the operation of the promotion of electricity from
renewable sources.

( 2) ANRE annually publics on its website until March 30, the share of electricity produced
from renewable sources in gross final consumption of electricity, excepting the electricity
produced in hydropower plants with installed capacity exceeding 10 MW for the previous
year.

( 3 ) Quarterly, ANRE makes a report with market monitoring and green certificates market,
that it sends it to the specialized committees of Parliament and Ministry of resort.

( 4) The Ministry of resort shall draw up, at every two years, starting in October 2010, the
report on how to achieve the national targets and measures taken in order to facilitate access
to the grid of electricity from renewable energy sources, based on reports of ANRE.

(5) The report referred to in para. (4) details:

a) the sector shares, electricity, heating and cooling power and transport, respectively, global
energy from renewable sources in 2 calendar years and the measures taken or planned at
national level to promote the development of renewable energy taking into account the
indicative trajectory part B of Annex I of the Directive 2009/28/EC ;

b ) the introduction and operation of promotional and other measures to promote renewable
energy and any developments measures used with respect to those set out in the National
Action Plan on Renewable Energy of the Member State and information on how supported
electricity is allocated to final customers, according to art. 3 (6) of Directive 2003/54/EC ;
 27

c ) ways in which the promotion systems were structured to take into account the renewable
energy applications that give additional benefits over other comparable applications, but have
higher costs, including bio-fuels made from wastes, residues, cellulosic non-food
lignocelluloses material;
d ) the operation of guarantee system of origin for electricity, heating and cooling power from
renewable energy sources and the measures taken to ensure system reliability and protection
against fraud;

e ) the progress registered in evaluating and improving the administrative procedures to

remove the potential barriers identified in regulations and other arising in the development of
renewable energy;

f ) the measures taken to ensure the transmission and distribution of electricity produced from
renewable energy sources and to improve the framework or rules for bearing and sharing of
costs referred to in art. 16 para. (3) of Directive 2009/28/EC ;

g) development of the availability and use of biomass resources for energy purposes;

h) sale price and changes in the land use associated with increased use of biomass and other
forms renewable energy ;

i) the development and share of biofuels made from wastes, residues, non-food cellulosic
material and lignocelluloses material;

j ) the estimated impact of the production of biofuels and bioliquids on biodiversity, water
resources , water quality and soil in Romania;

k) the estimated net reduction of greenhouse gas emission because of the use of renewable
energy;

l) the estimated excess of production of energy from renewable sources in Romania compared
to the indicative trajectory which could be transferred to other Member States and the
estimated potential for joint projects, until 2020;

m ) the estimated demand for energy from renewable sources to be satisfied in other way than
domestic production until 2020;
 28

n ) information on how to estimate the share of biodegradable waste from waste used for
energy production and the measures taken to improve and verify such estimates.

(6) In each report they can correct the data of the previous reports.

Article 21
( 1 ) The ministry of resort elaborates and notify the European Commission till 30 June 2010,
the National Action Plan for renewable energy.

( 2) The National Action Plan for renewable energy referred to in para. (1) sets national
targets for the share of energy from renewable sources consumed in transport, electricity,
heating and cooling in 2020, taking into account the effects of other policy measures relating
to energy efficiency on final consumption of energy, and measures that must be taken in order
to achieve those national overall targets, including cooperation between local, regional and
national statistical transfers or joint projects, national development strategies of biomass
resources and of mobilisation of new biomass resources for different uses, and the measures
that must be taken under this laws.

Article 22
If the share of energy from renewable sources falls below the value established by trajectory
foreseen in art. 5, in a period of two years, the Ministry of resort develops and notify the
European Commission a National Action Plan of renewable energy amended till June 30 of
the next year, which sets a national proportionate measures to be reached within a reasonable
amount iestablished in the indicative trajectory.

Article 23

The Ministry of resort develops and notify the European Commission before the deadline for
drafting the National Action Plan for renewable energy, a forecast document that indicates:
a) its estimated excess production of energy from renewable sources compared to the
indicative targets that are set according to Annex I part B of Directive 2009/28/EC, which
could be transferred to other Member States in accordance with art . 16-19 , and its estimated
potential for joint projects, until 2020;
 29

b ) its estimated demand for energy from renewable sources that must be satisfied in other
manner than domestic production until 2020.

Article 23^1
The forecast document referred to in art . 23 is updated in the report referred to in art . 20
para. ( 4).
 

CHAPTER IX
Guarantees of origin for electricity, heating and cooling produced from renewable energy
sources

Article 24
( 1) For the purpose of proving to final customers the share or quantity of energy from
renewable sources in the energy mix of a provider, it shall establish a system of guarantees of
origin for renewable energy production in accordance with objective, transparent and non-
discriminatory criteria.

( 2 ) ANRE develops regulations for issuing and tracking of guarantees of origin, approved
by Government decision within three months from the entry into force of this Act *).
-----------
 

CHAPTER IX ^ 1
Administrative procedures

Article 24 ^ 1
( 1) The public authorities with competencies in the grant of permits, licenses , approvals or
certificates for plants of producing the electricity for transmission and electricity distribution
networks or heating / cooling systems by using renewable energy sources and in the processes
of transformation of biomass into biofuels or other energy products, are required to issue the
documents based on specific procedures developed with the principle of proportionality and
taking into account the specific structure of energy from renewable sector.
( 2) The regulations referred to in para. ( 1) shall be objective, transparent , proportionate, do
not discriminate between applicants, do not take into account the particularities of individual
technologies which use renewable energy.
 30

( 3 ) For installations with an installed power of 10 MW and for the installation of distribute
production of energy from renewable sources, some simplified procedures are established by
regulations referred to in para. ( 1).
 

(4) In the regulations and building codes from construction filed are introduced measures to
increase the share of all types of renewable energy in this field.
 
Article 24^2
By the end of 31 December 2014, the regulations and / or codes referred to in art . 24 ^ 1
paragraph . ( 4 ) provide for the use of minimum levels of energy from renewable sources in
new buildings and in existing buildings that are the subject of a major renovation.
 
CHAPTER IX^2
Certification schemes for installers and information campaigns
 
Article 24^3
( 1 ) By the end of 2012, the public responsible authorities under the direction of Ministry,
develop and make available to the installers of small boiler and biomass stoves and solar
photovoltaic and solar thermal systems, shallow geothermal systems and pumps heat
certification schemes or equivalent qualification schemes.
( 2) The schemes referred to in para. ( 1 ) based on the criteria set out in the Annex which is
an integral part of this law.
( 3 ) Romania recognizes the certification awarded by other Member States in accordance
with the criteria set out in para. (2).
 
Article 24^4
The local and central public administration authorities with responsibilities for the promotion
of energy from renewable sources shall develop programs with suitable information,
awareness, guidance or training on the benefits and practicalities aspects of developing and
using renewable energy.

CHAPTER XI
Final Provisions

Article 26
 31

( 1) An economic operator that develops a power plant project to produce electricity from
renewable sources with installed capacity greater than 125 MW, which satisfies the conditions
for applying the promotion system established by this law, shall prepare and submit
documentation required by law needed for the detailed assessment of the extent of support by
the European Commission, in compliance with section 160 lit. b ) sub point ( iii ) of the
Community guidelines on State aid for environmental protection (2008/C82/01) published in
the Official Journal of the European Union no. C82 on 1 April 2008.

( 2) The applicant operators benefit from the promotion system established by this law only
after its approval by the European Commission and only for electricity technologies from
renewable sources specified in the authorization, ie after completion of the detailed
assessment under par. (1).

( 3 ) The implementation of the provisions of par. (2) is achieved by ANRE by issuing an

accreditation decision according to Art. 6 para. ( 6 ) lit. a) . (4). For the operators referred to in
para. (1) ANRE can change the number of green certificates provided for in art . 6 para. ( 2) in
accordance with the Commission's decision.
 
Article 27
If in a term of two consecutive years it is not reached the level of mandatory annual quota of
electricity produced from renewable sources that benefit from the promotion system, the
government will take measures to stimulate investments in order to comply with this law.

Article 28
( 1 ) The regulatory framework for promoting the use of biofuels and bioliquids, and how
their use is considered to meet the objectives set by this law is developed by the Ministry of
resort and it is approved by Government decision, within 90 days of the entry into force of
this Act . ****)
Article 29
( 1 ) ANRE monitors quarterly the beneficiary manufacturers of green certificate promotion
system and shall prepare and publish on its website a quarterly monitoring report within 90
days of the end of the monitoring period.

( 2) If the monitoring report referred to in para. (1) that was developed based on the results of
feasibility studies for new investment projects in Romania and based on monitoring the
investment and operating costs / income producers, it is observed that the parameters specific
 32

to each technology differ significantly from those considered in the calculation made for
authorization of the promotion system in the present law, which can lead to overcompensation
for one or more of the technologies referred to in art. 3 (1), ANRE proposes to the
Government within 30 days of the publication of monitoring measures to reduce the number
of green certificates provided for in art. 6 para. (2), for new beneficiaries in order to adjust the
internal rates of return, aggregate technology, where appropriate, up to the levels seen in the
underlying authorization scheme.

( 3) The measures to reduce the number of green certificates according to Art. 6 para. ( 2 ) are
approved by Government decision, within 60 days from the date of communication by ANRE
according to para. ( 2) and apply to power units held by producers of electricity from
renewable energy sources, accredited by ANRE for the application of the green certificate
promotion after the entry into force of this government decision.
 

Article 30
(1) The following facts represent a civil penalty :
a) Failure of representation of the manufacturers and suppliers mentioned in art . Article 8 .
( 1), on deadlines, of data / information required by ANRE under this Act and the regulations
issued in implementation thereof or provision of such incorrect or incomplete data /
information;

b ) failure to pay the value of green certificates not-acquired by the suppliers and
manufacturers mentioned in art. 8 (1), on terms established by ANRE regulations;

c ) green certificates trading at prices that do not fall within the limits set out in art . 11;

d ) unjustified refusal of network operators to validate the measured values of the electricity
that is supplied / consumed, according to art . 7 lit . a) .

(2) The offenses referred to in para. (1) . a) , c ) and d) is punishable by a fine of 1,000 lei to
10,000 lei- for individuals, and by a fine of 10,000 lei to 100,000 lei -for legal persons.
(3) The offenses referred to in para. (1). b) is punishable by a fine equal to the total value of
green certificates that were not-acquired by a supplier or manufacturer referred to in art . 8.
(1) multiplied 3 times, and its minimum value is 10,000 lei and the maximum 100,000 lei.
 33

(4) The application of the sanctions shall be made by the representatives of ANRE.

(5) The offenses referred to in para. ( 1) are applicable to the Government Ordinance no .
2/2001 on the legal regime of contraventions, approved with amendments and completions by
Law no. 180/2002, as amended and supplemented.

NOTE C.T.C.E. S. A. Piatra Neamt :

According to art. II of the Government Emergency Ordinance no. 88 of 12 October 2011,
published in Official Gazette no. 736 of 19 October 2011, as amended and supplemented by
sections 15 and 16 of Art. I of Law 134 from 18 July 2012, published in Official Gazette no.
505 of 23 July 2012:
'(1) to benefit for promotion system of the certified green, the electricity producers that hold
units / power plants using renewable energy sources in operation at the effective date of this
ordinance shall be obliged to request to ANRE the accreditation within 30 days, and to
receive the number of green certificates referred to in art . 6 para. (2) of Law no. 220/2008 on
establishing the promotion system for the production of energy from renewable sources
energy, republished, subsequently amended and completed after obtaining it.

( 2 ) The electricity producers that hold units/power plants that use renewable energy sources
as biomass , bioliquids and biogas in operation on the effective date of this ordinance, are
accredited by ANRE on a temporary period of 6 months in order to qualify for green
certificates without providing certificates of origin for these sources.

( 3 ) The electricity producers, that on the entry into force date of this emergency ordinance,
commercially exploit the plants which produce electricity from renewable sources with
installed capacity of more than 125 MW, will be accredited by ANRE and benefit from the
number of green certificates referred to in Art . 6 para. (2) of Law no. 220/2008, republished,
with subsequent amendments , properly used renewable source for a period of 24 months
from the date of accreditation.

(3^1) The economic operators that develop power station projects for producing electricity
from renewable sources with installed capacity less than 125 MW, which, on the effective
date of this ordinance, are the beneficiaries of a connection contract with operator of relevant
network, will be accredited by ANRE according to art.6 para. ( 6 ) lit. a) of Law no. 220/2008,
republished, with subsequent amendments, after they begin to produce and deliver electricity
 34

to the National Power System and will receive the number of green certificates referred to in
art . 6 of the Law properly to used renewable source for a period of 24 months from the date
of accreditation.

( 4 ) The electricity producers referred to in para. (3) and operators provided in par . ( 3 ^ 1)
shall prepare and submit to the competent authorities the necessary documentation needed for
the detailed assessment of the extent of support by the European Commission according to
Art. 26 para. (1) of Law no. 220/2008, republished, subsequently amended and completed
within 3 months from the date of the accreditation decision; the non-fulfillment of this term
will be the result for the suspension of the promotion system established by this law.

( 5) The application of paragraph. (3) and ( 3 ^ 1) is achieved by ANRE by issuing an

accreditation decision, according to art. 6 para. ( 6 ) lit. a) of Law no. 220/2008, republished,
with subsequent amendments.

( 6) In the case of electricity producers referred to in para. ( 3) and operators provided in par .
(3^1), any positive differences between the number of green certificates received and the
number of green certificates due according to the individual decision of the European
Commission will be recovered within 24 months from the date of issue, based on a decision
issued by ANRE, by stipulating the regulation of the number of green certificates by reducing
the number of green certificates received and / or by obligation to purchase green certificates
from the market."

NOTE:
We reproduce below the words on the transposition of Community rules of Law . 139/2010
on amending the Law no. 220/2008 on establishing the promotion system of energy from
renewable sources:
„This law transposes art. 1-4 , art. 5 para. ( 1 ), art. 6-10, art. 12, art. 15 para. (1) and art. 16
para. (2)- ( 6 ) from the Directive no. 2009/28/EC of the European Parliament and of the
Council of 23 April 2009 on the promotion of energy from renewable sources, of amending
and subsequently repealing the Directives 2001/77/EC and 2003/30/EC , published in the
Official Journal of the European Union no. L 140 of 5 June 2009. The remaining provisions
of the Directive which are not implemented by this law will be transposed by subsequent
decisions of government. "

ANNEX
 35

Criteria for certification schemes for installers

Article 1
Certification or qualification process is transparent and clearly defined.

Article 2
Heat pump installers and biomass and geothermal installations, solar thermal and solar
photovoltaic are certified by an accredited training program or an approved training body.

Article 3
Accreditation program or the training is done by designated bodies. The accrediting body
shall ensure that the training program offered by the training provider has continuity and
regional or national coverage. The training body must have adequate technical facilities to
provide practical training, including some laboratory equipment or corresponding facilities to
provide practical training. Also the training body shall provide, in addition to basic training,
shorter refresher courses on topical issues, including new technologies, to enable life- long
learning in installations. They may be a training provider of the plant or system, institutes or
associations.
Article 4
The training that ends with the installer certification or qualification shall include both a
theoretical and a practical part. At the end of the training, the installer must possess the
qualifications required to install the relevant equipment and systems in order to meet
customer requirements for performance and reliability thereof to acquire skills to a high level
of quality and comply with all codes and standards applicable, including those related to
energy and eco-labeling .

Article 5
The training course finishes with an examination for a certificate or qualification. The
examination consists of a practical assessment of successfully installing biomass boilers or
stoves, heat pumps, geothermal installations or installations of solar thermal and solar
photovoltaic.

Article 6
Certification schemes or equivalent qualification schemes take into account the following
guidelines:
 36

1. Accredited training programs should be offered to installers with work experience, who
have undergone or still are undergoing types of training:
a) for installers of biomass boilers and furnaces: training as a plumber of water and sewer,
pipe fitter plumber, heating engineer or technician of sanitary and heating or cooling
installation;
b ) in the case of heat pump installers: training as a plumber of water and sewer or fitter
refrigeration engineer, and to have basic qualification of electrical engineer and plumber
( cutting pipe, soldering pipe joints, gluing joints pipe insulation, sealing fittings, testing for
leaks and installation of heating or cooling);

c ) in the case of solar thermal installer or solar photovoltaic installer: it is required the
training as plumber or electrician, the owning of qualification as water and sewerage plumber,
electrician and qualified to work roofing application, including knowledge of soldering pipe
joints, gluing pipe joints, insulation, sealing fittings, testing for leaks and plumbing work,
ability to connect at network, to be familiar with basic roof materials, methods of flashing and
welding , or
d ) a training program to provide an installer the specific qualifications equivalent to three
years of training in the skills referred to the letter . a) , b ) or c ) , including both classroom
education and workplace.

2. The theoretical part of the biomass stove and boiler installer training should provide an
overview of the market situation of biomass and cover ecological aspects, biomass fuels,
logistics , fire protection, related subsidies, combustion techniques, ignition systems, optimal
hydraulic solutions, cost and profitability comparison as well as the design, installation and
maintenance of biomass boilers and stoves. Training should also provide good knowledge of
any European standards for technology and biomass fuels, such as pellets, as well as national
and Community legislation on biomass.

3. The theoretical part of the heat pump installer training should give an overview of the
market situation for heat pumps and cover the geothermal resources and ground source
temperatures of different regions, by identifying thermal conductivity of soils and rocks, rules
on the use of geothermal feasibility of using heat pumps in buildings and determining the
most suitable heat pump system, and knowledge of the technical requirements, safety, air
filtering, connection with the heat source and system layout. Training should also provide
good knowledge of any European standards for heat pumps, as well as relevant national and
Community legislation. The installer should demonstrate the following core competencies:
 37

a) the basic understanding of the physical principles of operation of the heat pump, including
characteristics of the heat pump circle: the context between low temperatures of the heat sink,
high temperatures of the heat source and efficiency, the determination of the coefficient of
performance (COP) and seasonal performance factor (SPF);
b ) the understanding of the components and their function within a heat pump circle,
including the compressor, expansion valve, evaporator, condenser, fixtures and fittings,
lubricating oil, refrigerant, superheating and sub-cooling and cooling possibilities with heat
pumps ;
c) the ability to choose and size the components in typical installation situations, including
determining the typical values of the heat load of different buildings and for hot water
production based on energy consumption to determine the capacity of the heat pump, the heat
load on hot water production for mass conservation of the building and on interruptible
current supply; the determination of the buffer tank component and its volume and integration
of a second heating system.

4. The theoretical part of the training of the installer of solar photovoltaic and solar thermal
installments should provide an overview of the market situation of solar products and cost and
profitability comparisons, and cover ecological aspects, components, characteristics and
dimensioning of solar systems , selection of accurate systems and dimensioning of
components, determination of the heat, fire protection, related subsidies, such as the design,
installation and maintenance of solar thermal installations and solar photovoltaic installations.
Training should also provide knowledge of European standards for technology and
certification such as Solar Keymark, and related national and Community legislation. The
installer should demonstrate the following core competencies:
a) ability to work safely by using the required tools and equipment and implementing safety
codes and standards and the ability to identify hazards related to plumbing, water and sewage
works, and other hazards associated with solar installations;
b ) ability to identify systems and their components specific to active and passive systems,
including the mechanical design, and determine the location of components, system layout
and configuration;
c ) the ability to determine the required installation area, orientation and inclination of solar
water heater and solar photovoltaic, by taking account of shading , solar access, structural
integrity , the appropriateness of the installation for the building or the climate and identify
different installation methods suitable for roof types and the balance of system equipment
required for the installation of the system , and
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d ) in particular, for the solar photovoltaic systems, the ability to adapt the electrical design,
including determining design currents, selecting appropriate conductor types and ratings for
each electrical circuit, determining appropriate size, ratings and locations for all equipment
and subsystems and selecting an appropriate interconnection point.
5. Installer certification should be time-limited, so it is recommended a seminar or training
course to ensure the continued certification.
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The annex was introduced by section 9 of art. I of the Ordinance 29 of 30 August 2010,
published in the Official Gazette no. 616 of 31 August 2010, and the Annex contents this
normative act.