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New orders on renewable energy sector

Three orders of the National Regulatory Authority in the Energy Field regarding the renewable energy sector were published in the Official Gazette of November 1st, 2011. These represent the secondary legislation regulating the green certificates system:

  • Order no. 42/2011 regarding the approval of the Regulation for the authorization of the electric energy producers for the application of the green certificates incentive system (the “Order no. 42/2011”) – [in Romanian, Ordinul nr. 42/2011 privind aprobarea Regulamentului de acreditare a producatorilor de energie electrica din surse regenerabile de energie pentru aplicarea sistemului de promovare prin certificate verzi];
  • Order no. 43/2011 for the approval of the Regulation regarding the issuance of green certificates (the “Order no. 43/2011”) – [in Romanian, Ordinul nr. 43/2011 pentru aprobarea Regulamentului de emitere a certificatelor verzi]; and
  • Order no. 45/2011 for the approval of the Methodology for the establishment of the annual quota of acquisition of green certificates (the “Order no. 45/2011”) – [in Romanian, Ordinul nr. 45/2011 pentru aprobarea Metodologiei de stabilire a cotelor anuale de achizitie de certificate verzi].

Order no. 42/2011 provides the regulatory framework for the authorization of the power stations in view of applying the renewable energy incentive system as provided by Law no. 220/2008 regarding the system that promotes the production of energy from renewable sources of energy, as republished and amended, as follows:

  • the stages of the authorization process and the content of the documentation which must be submitted;
  • the authorization conditions, (iii) the method of applying the green certificates incentive system;
  • the rights and obligations of the economic operators whose power stations have been authorized;
  • the structure of the Registry of Authorized Power Stations; as well as
  • the conditions for the amendment, suspension and withdrawal of the authorization.

Order no. 43/2011 establishes the calculation method of the quantity of energy which is produced from renewable sources of energy which is promoted by the green certificates system. Likewise, Order no. 43/2011 also regulates the modality of issuance of the green certificates and stipulates which are the parties involved in the development of the green certificates issuance process, as well as their obligations.

Order no. 45/2011 provides the calculation method for the mandatory annual quota of acquisition of green certificates, for the number of green certificates afferent to the non-fulfillment by the energy suppliers of the mandatory quota of acquisition of green certificates and, also, for the annual quota of energy produced from renewable sources of energy in relation to the final gross consumoption of energy.  Order no. 45/2011 also provides the method of calculation, collection and transfer of the amounts afferent to the non-fulfillment of the annual mandatory quota of acquisition of green certificates.