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Promoting use of biofuels and bioliquids in Romania - the legal framework - Ministry of Economy and Trade and of Business Environment

The 2003/30/CE Directive has been transposed into Government Decision no. 1844/2005 on promoting use of biofuels and other renewable fuels for transportation, as published in Romania s Official Monitor no. 44 of January 18, 2006.

Conforming to Government Decision no. 1844/2005, Romania has to ensure the market introduction, until year 2010, of a percentage of minimum 5,75% of biofuels or other renewable fuels, as determined on the basis of the energetic contents of all types of gasoline or diesel fuels used in transportation.

To attain the given target, Government Decision no. 1844/2005 has been amended by Government Decision no. 456/2007, in which the stepwise introduction of a minimum percentage of bio fuels in conventional fuels is stipulated.

Government Decision no. 456/2007 a) as from July 1, 2007 diesel fuel with a biofuel content of minimum 2% in volume; b) as from January 1, 2008 diesel fuel with a biofuel content of minimum 3% in volume; c) as from July 1, 2008 diesel fuel with a biofuel content of minimum 4% in volume; d) as from July 1, 2009 gasoline with a biofuel content of minimum 4% in volume; e) as from July 1, 20011 diesel fuel with a biofuel content of minimum 5% in volume; f) as from July 1, 20011 gasoline with a biofuel content of minimum 5% in volume.

- Council of Europe of March, 2007 has reaffirmed the commitment of the community towards development after year 2010, at the community level, of the energy from renewable sources. - Conforming to provisions of 2009/28/CE Directive on promoting use of energy from renewable energy sources, Member States are obliged to reach, until 2020, the target of 10% biofuels, as calculated based on energy content of all types of gasoline and diesel fuel used in transportation.

- General provisions of 2009/28/CE Directive are transposed through Law no. 220/2008 on setting out the system to promote energy production from renewable sources, republished, with subsequent modifications and additions. - Provisions on biofuels and bioliquids of 2009/28/CE Directive have been transposed in the Government Decision Project on promoting the use of biofuels and bioliquids; the Project has been currently submitted for agreement to the Ministry of Justice, (this is the last necessary agreement, the Project is envisaged to be submitted to the Government Meeting and published in June in Romania s Official Monitor).

Project of Government Decision on promoting use of biofuels and bioliquids (1) Stating the minimum biofuels content in gasoline and diesel fuel mixtures: a) as from January 1, 2011 diesel fuel with a biofuel content of minimum 5% in volume; b) as from January 1, 2013 diesel fuel with a biofuel content of minimum 7% in volume; c) as from January 1, 2011 gasoline with a biofuel content of minimum 5% in volume; d) as from January 1, 2013 gasoline with a biofuel content of minimum 7% in volume; e) as from January 1, 2017 gasoline fuel with a biofuel content of minimum 9% in volume: f) as from January 1, 2018 gasoline with a biofuel content of minimum 10% in volume.

Project of Government Decision on promoting use of biofuels and bioliquids (2) Stating the durability criteria for biofuels and bioliquids - to conform with provisions of art.17 of 2009/28/CE Directive; Verifying the observation of criteria for biofuels and bioliquids the conformance to provisions of art.17 of 2009/28/CE Directive; Calculating the impact of utilisation of biofuels and bioliquids on reducing emission of greenhouse effect gases, to comply with provisions of art.19 of 2009/28/CE Directive;

Project of ministry order on the national system for certification of biofuels and bioliquids, and on the assessment and recognition requirements for third party certification bodies The project of ministry order sets out the framework for the certification activities of biofuels and bioliquids: A section referring to the obligations of the economic operators that introduce to the market biofuels and bioliquids, and to the obligation of the third party certification organisms; A section wherein the requirements are stated to be fulfilled by third party organisms asking to be recognized for certification of biofuels and bioliquids.

Aspects regarding the conformance of biofuels with European requirements, report for year 2010 The cumulated capacity of biofuel production installations in Romania is of about 300 thousands of tons per year of biodiesel fuel, and about 120 thousands of tons per year bioetanol. In year 2010 some 142431 tons of biodiesel and 110900 tons of bioetanol have been used which amounts to a percentage of 3.8% as calculated based on the energy content of all types of gasoline and diesel fuel used in transportation. Biofuels quality: - Within the System for qualitative and quantitative monitoring of gasoline and diesel fuel determinations have been made of the content of fat acids metilic esthers (FAME) for some 200 samples of diesel fuel and of the content of biofuels in gasoline for some 200 samples of gasoline.

Operators within the biofuel chain of custody (farmers, vendors, fuel suppliers) are being evaluated based on a certification system approved by METBE Romania (Economics, Commerce and Business Ministry).

Certification Bodies that perform conformity assessments with the sustainability criteria are notified Bodies by the METBE according to the MO to be issued by METBE.

The form and the content for the Declaration of Conformity are set out by the certification system implemented by the Certification Body (Conformity Assessment) that issue the certificates.

Following the positive result of the assessment, the operator receives a Conformity Certificates with 1 year validity. Based on the received Conformity Certificate, the operator is entitled to issue a Declaration of Conformity under own responsibility.

Registration of the Conformity Certificate is made by the Certification Body and is communicated to the Official Operators registry of METBE. At present the corresponding IT infrastructure is under development to manage the relationship between METBE, CBs and operators.

According to certification criteria, in case major non-conformities occur, the Certification Body withdraws the certificate and undertakes the necessary measures in order to radiate it from the Operators Official Registry.

ACCREDITED CERTIFICATION BODY FOR MANAGEMENT SYSTEMS - QMS, EMS, OHS, HACCP - AND PRODUCTS BUCURESTI, S5 Calea 13 Septembrie 231A, Ph:+40 21 410 25 89, Fax:+40 21 410 25 88 www.certrom.eu Email : office@certrom.ro

ACCREDITED CERTIFICATION BODY FOR QUALITY MANAGEMENT SYSTEMS (for ISO 9001) - ISO/CEI 17021:2007 by RENAR certificate no. SM025 ACCREDITED CERTIFICATION BODY FOR ENVIRONMENTAL MANAGEMENT SYSTEMS (for ISO 14001) - ISO/CEI 17021:2007 by RENAR certificate no. SM025 ACCREDITED CERTIFICATION BODY FOR OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT SYSTEMS (for ISO 18001) - ISO/CEI 17021:2007 by RENAR certificate no. SM025 ACCREDITED CERTIFICATION BODY FOR HACCP MANAGEMENT SYSTEMS (for ISO 22000) - ISO/TS 22003:2007 by RENAR certificate no. SM025 ACCREDITED BODY FOR CONFORMITY ASSESSMENT OF REGULATORY DOMAIN CONSTRUCTION PRODUCTS - certificate no. ON012, MTCT ASSIGNATION certificate no. 20/22.09.2005, MEC RECOGNIZED BODY certificate no. 27, EUROPEAN COMMISSION NANDO list of notified bodies no. 1831 ACCREDITED BODY FOR CONFORMITY ASSESSMENT OF VOLUNTARY DOMAIN CONSTRUCTION PRODUCTS SR EN 45011:2001 - certificate no. PR047 RECOGNIZED BY MADR (Ministry of Agriculture and Rural Development) AS BODY FOR INSPECTION AND CERTIFICATION IN ORGANIC AGRICULTURE - certificate no. 21 - identification code - RO-ECO-021

Quality Health and Safety Environmental HACCP Products ECO

Calea 13 Septembrie nr. 231A, Bucuresti, Romania Tel: 0040.21.410.25.89; fax: 0040.21.410.25.88 www.certrom.ro ; e-mail: office@certrom.ro OBJECTIVES - DEVELOPMENT NEW CERTIFICATION SCHEMES INSPECTION AND CERTIFICATION BIOFUELS AND BIOLIQUIDS DIRECTIVE (EC) 28/2009