Regulation on guarantees of origin for energy from renewable sources

REGULATION No. RD-16-1117 of 14 October 2011 on the conditions and procedure for issuing, transferring, cancelling and recognising guarantees of origin for energy from renewable sources

Promulgated, State Gazette No. 84 of 28 October 2011, effective as of 1 January 2012; amended and supplemented, No. 54 of 17 July 2012, effective as of 17 July 2012; amended, No. 24 of 12 March 2013, effective as of 12 March 2013, issued by the Minister of Economy, Energy and Tourism

Section I

General provisions

Article 1

This Regulation governs the conditions and procedure for creating, maintaining and using a system for issuing guarantees of origin, including:

1. the conditions and procedure for issuing, transferring and cancelling guarantees of origin for electricity, heat and cooling energy from renewable sources, hereinafter referred to as “energy from renewable sources”;

2. the form and content of guarantees of origin;

3. the conditions and procedure for keeping the register of guarantees of origin, the circumstances subject to entry and deletion, and the manner of obtaining information from the register;

4. the conditions and procedure for recognising guarantees of origin issued by the competent authorities of the other Member States of the European Union.

Article 2

The activities relating to the creation, maintenance and use of a system for issuing guarantees of origin shall be carried out by the Sustainable Energy Development Agency, hereinafter referred to as “the Agency” or “SEDA”.

Article 3

(1) A guarantee of origin is an electronic document serving as evidence to a final consumer (a purchaser for own use) that a specified share or quantity of energy supplied to that consumer has been produced from renewable sources.

(2) A guarantee of origin for electricity produced from renewable sources shall also serve to determine the quantity of energy which the public supplier or, respectively, the end suppliers purchase at a preferential price determined by the State Energy and Water Regulatory Commission.

Section II

Issuing, transfer and cancellation of guarantees of origin

Article 4 (Amended and supplemented, State Gazette No. 54 of 2012, effective as of 17 July 2012)

(1) Guarantees of origin for energy produced from renewable sources shall be issued on the basis of an application by the producer, irrespective of whether the producer is subject to licensing under the Energy Act.

(2) The application may relate to energy produced from renewable sources during one or more calendar months.

(3) (Entirely amended, State Gazette No. 54 of 2012, effective as of 17 July 2012) The application shall be submitted to SEDA using the form set out in the Annex after the end of the calendar month in which the energy was produced, but no later than:

1. ten calendar months after the month in which the energy was produced — for producers under Article 24, item 1 of the Energy from Renewable Sources Act;

2. one calendar month after the month in which the energy was produced — for producers other than those under item 1.

(4) An application shall not be submitted for energy produced from renewable sources in only one calendar month where the quantity produced during that calendar month is smaller than the quantity for which a guarantee of origin may be issued.

(5) The application shall contain:

1. (supplemented, State Gazette No. 54 of 2012, effective as of 17 July 2012) the full names and identity-document details of natural persons or, respectively, the business name and BULSTAT/Unified Identification Code of legal entities and sole traders, as well as the registered office and management address of the producer of energy from renewable sources, a contact person and an address for correspondence;

2. the location and name of the producer’s energy facility;

3. the quantity of electricity, heat and cooling energy from renewable sources for which guarantees of origin are requested;

4. the type of renewable sources and, where renewable and non-renewable energy sources are used in combination, the types of each source;

5. the net calorific value by type of energy source where the energy sources are biomass, or biomass and a non-renewable energy source;

6. a description of the energy facility and the production technology;

7. the installed capacity of the energy facility by type of energy produced (electricity, heat and/or cooling energy from renewable sources);

8. the capacity of the facilities for producing energy from renewable sources and, where renewable and non-renewable energy sources are used in combination, also the capacity of the facilities for producing energy from non-renewable sources;

9. the period during which the energy from renewable sources for which a guarantee of origin is requested was produced;

10. the date on which the energy facility was commissioned;

11. the support schemes used;

12. the number and date of the licence for the production of electricity, heat and/or cooling energy, where such a licence exists.

(6) The following shall also be submitted with the application:

1. data on the quantity of energy produced by the individual facilities within the energy facility;

2. data certifying the quantity of energy produced using renewable sources, where different energy sources are used in production;

3. (entirely amended, State Gazette No. 54 of 2012, effective as of 17 July 2012) copies, certified by the producer, of invoices issued upon the sale of the relevant quantity of energy and copies of bilateral commercial-metering protocols signed by both parties;

4. a document certifying payment of the fee determined in the tariff under Article 51(1) of the Energy Efficiency Act;

5. data on the location of the commercial-metering devices and the recording control devices;

6. other additional information or documents relevant to the data and circumstances under paragraph 5.

(7) Producers shall provide the data under paragraph 6, items 1 and 2 in a statement following a form approved by SEDA, and the documents under paragraph 6, item 4 in original or in a copy certified by the producer.

(8) Where any change occurs in the data and circumstances under paragraphs 5 and 6, the producer shall notify the Agency in writing within seven days of the change, enclosing the relevant evidence or indicating the public registers in which those data and circumstances have been entered.

(9) The data and circumstances under paragraphs 5 and 6 shall be stated separately for each commercial-metering point.