Law 1715/2014, regulating the integration and promotion of non-conventional renewable energy (FNCER) last amended by Law 2099/2021

The Law 1715/2014 aims to promote the development and use of non-conventional energy sources, mainly renewable energy sources, in the national energy system, by integrating them into the electricity market and in other energy uses. The Law seeks to promote efficient energy management, which comprises both energy efficiency and demand response.The Law establishes the legal framework and mechanisms to promote the use of non-conventional energy sources, and to foster investment, research and development of clean energy technologies. It seeks to set lines of action to comply with commitments made with regard to renewable energy, efficient energy management and GHG reduction, such as those acquired by approving the Statute of the International Renewable Energy Agency (IRENA).The Law allows the release of surplus energy into the network for all self-generators. Surplus energy of small self-generators that use FNCER is recognised as energy credits, which can be negotiated according to regulations issued by the Energy and Gas Regulatory Commission. The Law introduces a new classification for self-generators: small and large scale, but only in reference to the form of energy delivery that is classified as small scale by the Mining and Energy Planning Unit.This Law also allows small scale FNCER auto-generators to use bi-directional meters to be able to balance their consumption and deliveries to the grid; simple connection and surplus delivery procedures are to be put in place to enable such mechanisms to be implemented by residential users (Art 8.b).Distributed generation is also an important modification of the electricity sector. The new Law allows a generator close to consumption centres and connected to a Local Distribution System to deliver energy directly to consumers.Incentives for FNCER include those related to: (i) tax, through deductions on the investment income statement related to these purposes; (ii) tariffs, through the exemption from payment of import duties on machinery and equipment for this type of generation; and (iii) accounting, where an accelerated depreciation on assets is permitted.The Law provides for the establishment of a Non-Conventional Energy and Efficient Energy Management Fund (FENOGE), which may finance all or part of the programmes and projects for the residential sector, at levels 1, 2 and 3, as long as they involve small scale, self-generation solutions and promote energy efficiency and good practice. On September 16th, 2017, the Ministry of Mines and Energy issued decree n. 1543 that modifies the rules established by decree n. 1073/2015 and further details the scope, organisation and financial means of FENOGE. UPME and CREG are responsible for issuing regulations applicable to FNCER, establishing new self-generation schemes, and setting price signals. The Law provides the government 12 months to issue such regulations.The Law 2099/2021, in its chapter II, modifies the Law 1715/2014 stating the new goal of focusing on advancing renewable energy, energy storage, and efficient energy use to foster economic sustainability, reduce emissions, and improve energy security. It brought definitions of green and blue hydrogen and the development of geothermal energy. It also emphasises the importance of smart energy management systems and efficient energy practices. Moreover, it brings another modification, classifying as a public and national interest the support for the development and promotion of renewable energy sources and efficient energy use.