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New ordinance on grounds of article 35 of the Energy from Renewable Sources Act regulating the guarantees of origin

In the SG issue No. 84 dated October 28th 2011 was promulgated Ordinance № RD 16-1117 dated October 14th 2011 on the terms and conditions for issuance, transfer, cancellation and recognition of guarantees of origin for renewable energy issued by the Minister of Economy, Energy and Tourism on grounds of art. 35 of the Energy from Renewable Sources Act (ERSA). The Ordinance shall take effect from January 1st 2012 on and regulates the conditions and procedures for establishing, maintaining and using a system of guarantees of origin. This ordinance implements the provisions of Directive 2009/28/EC of the European Parliament and the Council of 23 April 2009 to promote use of renewable energy sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30 / EC (OJ, L 140/16 of 5 June 2009.

According to Art. 3 of the Ordinance "the Guarantee of origin is an electronic document which serves as proof to the end user (buyer for their own use) that a portion or quantity of energy delivered to it is produced from renewable sources." The Guarantee also serves to determine the quantity of energy, which the public provider, respectively the end suppliers, buys at a preferential price of SEWRC (State Energy and Water Regulatory Commission).

The Ordinance regulates in detail the procedures for issuance of guarantees, as in it application are attached forms that the interested persons may submit to the Agency on sustainable energy development. There is opportunity for filing documents electronically under the Electronic Document and Electronic Signature Act.

What is of essential importance is that according to Art. 8 of the Ordinance a guarantee of origin shall be issued for standard size of 1 MWh of renewable energy generated in the month. When the energy produced from renewable energy sources is in an amount less than the amount for which may be issued a guarantee of origin, this amount is added to the energy produced during the first calendar month following the production and is specified in the application made in the month in which shall be reached a production of 1 MWh of renewable energy. When the applied for energy produced from renewable sources in an amount greater than the amount for which may issued a guarantee of origin, the remainder is added to the energy produced during the first calendar month following the production and is stated in the application under art. 4 of the Ordinance as produced in the month in which production is reached at 1 MWh of renewable energy.

For every 1 MWh of produced energy may be issued only one guarantee of origin and is valid for 12 calendar months after the month in which the relevant unit of energy is manufactured.

The electricity from renewable sources is purchased by the public provider, respectively the end suppliers. The price set by SEWRC in accordance with Art. 31 of the ERSA, for the electricity is due from the date of transfer of guarantees of origin to the public provider, respectively the end suppliers. The terms and conditions for purchasing and payments, including cases of systematic or significant deviations between the quantities for which guarantees of origin are issued, and the quantities for which payments are performed, are governed by the contracts for the purchase of energy.

According to Art. 14 of the Ordinance the Agency for Sustainable Energy Development creates and maintains an electronic register of guarantees of origin, from which the data is published on its website. In the register of guarantees of origin shall also be recorded the recognized by the Agency for Sustainable Energy Development in accordance with Section IV of the Ordinance guarantees of origin issued by competent authority of another State – EU member state. The issuance, transfer and cancellation of guarantees of origin shall be carried out electronically through registration.
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