Failure of gas market is based on the lack of regulation of the market, some of which are ANRE obligations deriving from Law 123 and have not been reached in 3 years since the law was adopted, but neither do they show signs of being realized. The lack of the legal framework and especially of an impartial arbitrator, as should be the ANRE, leaves room for the “smart guys” even if they carry the names of leading multinationals.

Below we present an important reason because of which the gas market in Romania cannot operate and, moreover, why the gas law does not generate the corresponding effect. This law appeared in 2012 and in order for it to be applied, it required ANRE to draw the “Implementing Rules” in the form of regulations, methodologies, codes.

Even if ANRE, the Romanian Parliament (which coordinates the activity of ANRE), the civil society, through Expert Forum reports regarding the role of ANRE on the market, presents us at superlative the work of the institution, but the reality shows that 30 law obligations and 8 more, that we consider absolutely necessary for the operation of the gas market were not achieved, although the terms were far exceeded.

Further we show the obligations stipulated by the law to be performed by ANRE on the gas market (noting the article of law 123/2012, which established the obligation)

• Market model. Commercial market Code (art. 100, pt. 72)
• Rules of operation of the operator balancing the gas market (Art. 100, pt. 73)
• Code of the gas distribution network (art. 138, para. 3)
• Regulation of access to distribution systems (modification GD 1043, following the amendment of Law 123)
• Regulation of access to transport systems (modification GD 1043, following the amendment of Law 123)
• Regulation of access to upstream pipeline systems (modification GD 1043, following the amendment of Law 123)
• Regulation of access to LNG (art. 147)
• Rules to ensure the exchange of information and operative management of the gas market (art. 130, para. 1, letter o)
• Rules of the final non-household customer which uses natural gas in industrial processes (art. 100, pt. 26, Deadline December 1, 2014)
• Methodology for Determining the technological consumption of an economic operator to ensure the necessary technological parameters for the activity of distribution and transport of natural gas (art. 100, pt. 35)
• Regulation of natural gas odor in commercial pickup and delivery points of natural gas to the customers connected directly to the upstream pipelines and the distribution systems (art. 124, letter f)
• Rules of preparation and monitoring of the gas balance entered the system, respectively, the gas output from the system (article 130, para. 1, letter i)
• Rules for the physical balance of the NTS by providing the carrier’s obligation to hold or to ensure the acquisition of underground storage or to ensure the acquisition of gas (art. 130, para. 1 j)
• Regulation of natural gas odor at the exit from the NTS (art. 130, para. 1, letter k)
• Methodology to substantiate the fees to be paid by system users for physical imbalance (art. 130, para. 2, letter f)
• Rules on Services of storing natural gas in the transmission system (art. 130, para. 2, letter g)
• Regulation regarding the natural gas odor in commercial at the delivery points of natural gas to the final customers connected at the distribution systems (art. 138, para. 1 b)
• Rules for connecting third parties to the distribution system (art. 138, para. 1, letter d)
• Rules for connecting third parties at LNG (art. 148)
• Regulation on the necessary measures to be taken by the distribution opeartor of unauthorized persons interventions on the adjustment and measurement facilities at the property boundary (article 138, paragraph 2, letter j)
• Methodology for determining the tariffs for distribution of a closed distribution system (art. 139, para. 3)
• Regulation of authorizing the establishment and operation of a closed distribution system (art. 139, para. 5)
• Rules for issuing the operating license of a closed distribution system (art. 139, para. 5)
• The procedure for taking into usage by the distribution system operator or the transmission system operator of the objectives partly or wholly financed by a third party with the stipulation of the financial conditions (art. 151, para. 3)
• Methodology for recovery of the amount invested by a third party in the transmission and distribution systems (art. 151, para. 4)
• The procedure for preparation of technical and economic studies to establish the feasibility of investments in the natural gas sector required by third parties (art. 151, para. 5)
• Rules for granting authorizations for establishing and the operating conditions of the direct line (art. 152, para. 4)
• Technical and commercial regulations on natural gas treatment and compression to produce CNG, as well as the ones regarding their storage in containers at the filling stations (art. 155, para. 1)
• Technical Code of LNG (art. 156)
• Regulation of organization and functioning of the dispute solving committee, on the wholesale and retail market arising from the natural gas market participants (art. 174, para. 10)
• Mechanisms of gas market flexibility
• Methodology for establishing the interruptible tariffs for the interruptible transportation services
• Methodology  for establishing the interruptible tariffs for the interruptible service distribution
• Regulation of the interruptible extraction / injection services into the storage facilities
• Rules for the allocation of the traded quantities
• Code of the gas storage network
• Binomial pricing of the distribution services
• Binomial pricing of injection / extraction services of gas from the storages

ANRE uses its coercive force and distributes fines in amount of 500,000 lei at the first violation of the law, but the breach of  30 of the obligations provided by the law, by ANRE (exclusively for the gas market) provides no penalty upon it.

The campaign for Fair Price for Gas proposes the civic sanction of ANRE for violations of the gas law and invites all those who consider this measure appropriate on https://www.facebook.com/PretCorectLaGaz?ref=hl.