Implementation of EC Directives

Implementation of EC Directives

Implementation of EC Directive 2002/91/EC

Country

Romania

#

Name and reference of measure

Type of measure

Responsible organ

Existing or planned?

1

Law No. 372/2005 – Energy Performance of Buildings

LAW

Ministry of Transport, Building and Tourism, Ministry of Economy and Trade and Minister Administration and Interior

Existing

Quotations from the measure

Unofficial, legally not binding translation

Article 1. - The purpose of this law is to promote growth energy performance of buildings, taking into account the conditions external climate and location, temperature requirements Indoor and economic efficiency.

Article 2. - This law establishes the conditions of:

a) the general methodology for calculating performance building energy;

b) the minimum requirements for energy performance new buildings;

c) the minimum requirements for energy performance existing buildings, subject to modernization;

d) energy certification of buildings;

e) periodic technical verification and inspection of boilers systems / air conditioning in buildings and in addition, assessment of heating installations in which boilers are older for 15 years.

(…)

The methodology for calculating the energy performance of buildings

(…)

(2) The methodology includes the following main elements:

(…)

b) heating and hot water supply consumption, including features in terms of isolation them;

(…)

(3) The methodology includes, where appropriate, and other elements, the situation their influence on the energy performance of buildings is relevant, such as:

a) active solar systems and other heating systems, including power based on renewable energy sources;

b) electricity produced by CHP;

c) district or building heating;

(…)

Article 13. - (1) Energy performance certificate of the building, named “the certificate”, valid 10 years from the issue date is developed in compliance with existing legislation for buildings in categories referred to in Art. 7 para. (1), which is constructed, sold or leased.

(2) The certificate is issued to the owner, the owner puts it, where appropriate, the prospective buyer or

tenant.

(3) certificates for apartments and spaces with other destination than that of housing in collective residential buildings issued, as appropriate, based on:

a) a common certification for the entire building if buildings connected to the heating system and

domestic hot water preparation, or

b) assessing a similar apartment in the same building.

(…)

Article 19. - (1) energy audit of building and development certificate is achieved by energy auditors for

buildings, certified as required by law.

(2) Evaluation of heating and air conditioning building is done by technical experts, certified as legislation in force.

Article 20. - Energy auditors for buildings and experts certified technical experts operate as independent

authorized persons or employees of persons legal, as required by law.

The Purpose of the measure

Why was it introduced?

Buildings play a big role in combating climate change. In order to lift the potential the ordinance aims to reduce the primary energy demand of buildings to reduce use of resources and greenhouse gas emissions. The target is to reduce the primary energy demand for heating and warm water consumption by 30 % in the building sector.

The ordinance has a holistic approach on the building envelope, the systems engineering and the primary energy sources which are being utilized. Balancing the different measures is possible. For instance the obligations can be fulfilled by either using more insulation or more efficient systems engineering or primary energy sources. The system in general therefore reflects the efficiency benefits of District Heating based on CHP.

For which target groups? National or regional?

The ordinance targets building owners on the national level.

Which activities does it aim to stimulate?

Further reduction of the primary energy demand of buildings.

What results does it expect?

A reduction of the primary energy demand of buildings.

Is it related to Romania’s implementation of any EC Directive?

This legislation is fully transposing into national law provisions of Directive no. 2002/91/EC of the European Parliament and the Council on Energy Performance of Buildings, published in the Official Journal of the European Communities (JOCE) L 001 of 4 January 2003, p. 0065-0071.

Impact of Measure

Planning:

Since this law is changed on a regular basis and it also has an effect on heat demand it has a negative effect on the planning stages since it is harder to estimate heat demands and plan production units accordingly.

Generation:

The Law effects heat demand in a negative way, but heating supply with a low primary energy factor, especially district heating based on combined heat and power also benefits from the act, making such a heat supply more attractive for consumers.

Distribution:

Demand:

The Law has a negative effect on the demand side. The heat demand of buildings is decreasing over the time.

Effectiveness of the measure

Could the measure be considered effective?

The measure is effective in the sense that it is driving down heat demand in new and renovated buildings.

Due to which reasons? (quantifications if possible)

The yearly primary energy demand criteria are tightened more and more, therefore driving down the heat demand.

How well does the measure suit the market conditions of your country?

The fact that both the demand and the supply side are incorporated into the calculation of building efficiency is in general the right direction to suit the market conditions in Romania. There is also a market mechanism integrated since customers are free to choose, within the criteria set by the regulation, how to achieve the yearly primary energy demand. But the problems in building stock resulting from lack of energy efficient heating supply are not tackled by the ordinance. Cost efficiency is also not taken into account, which is a driving factor since the ratio of new buildings is comparatively low in Romania.

Are there any recommended changes to this measure?

None for the moment.

IV. Implementation of EC Directive 2004/8/EC

Country

Romania

#

Name and reference of measure

Type of measure

Responsible organ

Existing or planned?

2

Government Decision No. 219/2007

Decision

Government of Romania

Existing

Quotations from the measure

Unofficial, legally not binding translation

Chapter I

General Dispositions

Article 1

Article 1. - This decision establishes the legal framework for the promotion and development of highly efficient cogeneration heat and electricity, based on useful heat demand and primary energy savings in the energy market in order to increase efficiency and improve supply security energy, taking into account the climatic and economic conditions specific to Romania.

Article 2. - This decision applies to cogeneration as defined in Art. 3, and cogeneration technologies listed in Annex. 1.

Article 3. - For purposes of this decision, the words and expressions have the following meanings:

a) cogeneration - the simultaneous generation in one process heat and electricity and / or mechanical energy;

b) useful heat - heat produced to satisfy an economically justifiable demand of heat for heating or cooling processes;

c) economically justifiable demand - demand that does not exceed the needs of heat for process heating / cooling and the absence of cogeneration, should be satisfied at market conditions by heat production processes other than cogeneration;

d) electricity generated in CHP - electricity generated simultaneously in the same process with useful heat and calculated in accordance with the method set out in Annex. 2;

e) overall efficiency - the amount of the annual production of electricity, mechanical energy and useful heat, the quantity of energy contained in fuels used to produce such energy in a cogeneration process;

f) Efficiency - the efficiency of a process of energy production, calculated from the lower calorific value of fuels;

g) high efficiency CHP - cogeneration process that meets the criteria set out in Annex. 3;

h) reference value for separate production efficiency - the efficiency of separate production of heat, namely electricity and / or mechanical energy, in alternative processes, which intends to replace cogeneration;

i) report electricity / heat - the ratio between electricity and useful heat produced in cogeneration system only using operating data that cogeneration unit;

j) CHP unit - the unit that can operate in cogeneration system;

k) establishment of micro - CHP unit with an installed electrical capacity below 50 kWe;

l) low-power cogeneration unit - a cogeneration unit installed electrical capacity of less than 1 MWe;

m) cogeneration production - the amount of electricity, mechanical energy and useful heat produced in cogeneration;

n) guarantee of origin - a document issued by the National Energy Regulatory Authority, certifying an electricity producer that the origin of a quantity of electricity is a high efficiency cogeneration process;

a) the support for cogeneration - the mechanism for promotion of cogeneration based on useful heat demand;

p) bonus scheme type support - support scheme in which the producer of electricity and heat cogeneration receives for each unit of electricity produced in conditions of high efficiency and for domestic consumption is a fixed amount of money (Ron / kWh ), called bonus;

q) ministries - Ministry of Trade and Ministry of Interior;

r) ANRE - The National Energy Regulatory;

s) ARCE - Romanian Agency for Energy Conservation.

CHAPTER II

Efficiency criteria for cogeneration

Article 4. - (1) Determining the effectiveness of CHP under the criteria set out in Annex. 3, shall be based on benchmarks of efficiency for separate production of electricity, heat, respectively.

(2) The amounts referred to in para. (1), applicable at the national level are harmonized efficiency reference values for separate production of electricity and heat, established by Commission Decision 2007/74/EC, published in the Official Journal of the European Union no. L 32 of February 6, 2007.

(3) harmonized reference values laid down in para. (2) and factors applied at national level be adopted by order of the ANRE President within 90 days after the entry into force of this decision.

CHAPTER III

Guarantees of origin for electricity produced

high efficiency cogeneration

Article 5. - (1) The guarantee of origin as defined in Art. 3 points. n) is issued at the written request of producers that sell electricity in high efficiency cogeneration.

(…)

(5) criteria for issuing guarantees of origin shall not involve itself the benefit of national support schemes.

Article 6. - The guarantee of origin shall specify:

a) lower heating value of fuel used for electricity generation, the use of the heat generated electricity simultaneously and time and place of manufacture;

b) the amount of electricity produced in high efficiency cogeneration system covered by the guarantee, determined in accordance with the provisions of Schedule. 2;

c) primary energy savings determined under the provisions of Schedule. 3, based on benchmarks established under Article efficiency. 4. (2);

d) other data that you may find useful ANRE.

Article 7. - Guarantees of origin for high efficiency cogeneration, issued in accordance with Art. 5. 1 of Directive 2004/8/EC of the European Union member states are recognized in Romania on a reciprocal basis. Any refusal to recognize a guarantee of origin, in particular for reasons relating to the prevention of fraud, must be based on objective, transparent and non discriminatory.

(…)

CHAPTER V

Support scheme for electricity

cogeneration based on useful heat demand

Article 9. - (1) Taking into account the opportunities to reduce global energy demand and favorable impact on the environment, the support scheme for electricity cogeneration, both for existing units and future must be based on energy demand useful heat and primary energy savings that a combined and performed simultaneously.

(2) To promote high efficiency cogeneration and to ensure a stable development and investment framework, establish a scheme of type bonus, applied electricity production in cogeneration.

(3) ministries and ANRE establish criteria and conditions for implementation support type bonus scheme under par. (2). Support scheme is notified to the Commission by the Ministry of Economy and Commerce and approved by Government decision, after the European Commission's decision.

(4) In establishing the criteria and conditions set out in para. (3), for units of electricity production in cogeneration, which fulfill the criteria for issuing guarantees of origin shall be considering alternative calculations referred to in Art. 15.

CHAPTER VI

Network access

Article 10. - (1) Network operators are obliged to ensure the connection priority of all units of electricity generation in high efficiency cogeneration, the requests, without jeopardizing the reliability and safety networks, and provide, under contract, transport and distribution of electricity.

(2) For small cogeneration power plants and micro units, ANRE issued specific regulations to facilitate their access to the network and taking the priority of electricity provided that reliability and safety of electrical networks is not diminished.

(3) Ministry of Economy and Trade Commission shall notify the specific rules under par. (2).

Article 11. - ANRE adjust the operating rules of the electricity market taking priority for the marketing of electricity in high efficiency cogeneration, provided to maintain safety in the operation of the national energy system.

(…)

This decision is implementing the Directive 2004/8/EC of the European Parliament and EU Council of 11 February 2004 on the promotion of cogeneration based on useful heat demand in the internal energy market and amending Directive 92/42/EEC, published in Official Journal of the European Union no. L 52 of February 21, 2004.

(...)

The Purpose of the measure

Why was it introduced?

The purpose of this Decision is to establish the necessary legal framework for promotion and development of high efficiency cogeneration of heat and power, based on useful heat demand and savings in primary energy on the energy market, the goal being energy efficiency increase and improved security of energy supply, taking into account the specific economical and climate conditions of Romania.

The purpose of the Government Decision No. 219/2007 is to contribute to the objective of increasing the share of electricity produced in combined heat and power plants in Romania, modernizing and constructing new combined heat and power plants (CHP plants as well as promoting the construction of new and expanding existing heat networks which supply heat from combined heat and power plants, in the interests of saving energy, environmental protection and achieving the government's climate protection targets.

As a basic instrument the Government Decision No. 219/2007 obliges grid operators to connect CHP plants to their grid and give priority to buying electricity from cogeneration.

For which target groups? National or regional?

The target groups are national CHP plant operators and heating network operators.

Which activities does it aim to stimulate?

In general the Decision tries to stimulate the production of electricity from cogeneration.

What results does it expect?

The result is an increased share of electricity from cogeneration by 2020. That translates to an increase in the current share of electricity from cogeneration of 10 %.

Is it related to Romania’s implementation of any EC Directive?

The Decision also serves as the implementation of Directive 2004/8/EC on the promotion of cogeneration based on a useful heat demand in the internal energy market (Cogeneration Directive).

Impact of Measure

Effectiveness of the measure

Planning:

The decision a positive effect on planning because grid operators are obliged to connect CHP plants to the grid and buy electricity from cogeneration with priority over conventional electricity. In this context the legal equality between electricity from cogeneration and electricity from renewable energy sources also has a positive effect because electricity from renewable energy sources and electricity from cogeneration are accepted easily tin the grid. This gives plant operators more certainty in regards their investments and future developments.

Generation:

The Act also has a positive effect on generation because of the bonus being paid for electricity from cogeneration. This premium was introduced to offset higher investment costs for CHP plants. Because of the ecological and climate change benefits CHP has over the separated generation of heat and electricity, CHP and District Heating are natural allies. In this sense District Heating serves as a heat sink for CHP and on top of that provides valuable infrastructure for renewable energy sources and/or heat that would otherwise be wasted.

Distribution:

The Decision has a positive effect on distribution since it helps to offset high investment costs involved with the laying of pipelines.

Demand:

Since the Act provides incentives to produce heat and power in cogeneration in units that supply the District Heating networks it also helps the demand side.

Organization:

The Act has no direct effect on the organization side.

Could the measure be considered effective?

The Decision can be considered effective provided that all the involved clarifications and additional regulations are issued as mentioned in the Decision.

Due to which reasons? (quantifications if possible)

The Decision been in force for about a 2 years and 9 months but the necessary supplementary legislation was just issued in 2009, namely Decision 1215/2009 dated October 7^th, 2009, making quantifications complicated at this time.

How well does the measure suit the market conditions of your country?

The measure suits the market conditions in the sense that it aims to offset the relatively high investment costs in both production and distribution of District Heating from CHP. The problem related to this Decision is the eligibility of old power plants in terms of high efficiency cogeneration. Major changes are needed and very few of them can access the necessary investments funds. New cogeneration units are more qualified to benefit from this legislative measure.

Are there any recommended changes to this measure?

There are certain clarifications that may be necessary in the context of administrative.

Is there any review process for this measure and if so what is it?

Nothing for the moment

IV. Implementation of RES Directive 2008/28/EC

Country

Romania

#

Name and reference of measure

Type of measure

Responsible organ

Existing or planned?

Planned

Quotations from the measure

The Directive has yet to be implemented. Some of the obligations adopted by the Directive, such as the obligation to use minimum amounts of renewable energy sources have already been in effect in Romania.

Romania has adopted in 2003 the Strategy for valorization of renewable energies, approved by Government Decision No. 1535/2003.

The Energy Strategy of Romania for the period 2007-2020, approved by Government Decision No.1069/2007 is establishing indicative national targets for the share of power produced using renewable sources in the domestic power consumption for the years 2010, 2011, 2020 as follows: 33%, 35% respectively 38%.

For the promotion of RES production of energy a combined system is applied, comprising of mandatory quota and green certification trading system.

December 5th, 2010 is the scheduled date for implementation of a national measure that transpose the RES Directive 2008/28/EC

The Purpose of the measure

Impact of Measure

Effectiveness of the measure