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Autorizarea persoanelor fizice care desfasoara activitati in sectorul gazelor naturale

Authorisation of PFs carrying out activities in the natural gas sector

In the Official Gazette (Part I) no. 409 of 12 May 2023 was published A.N.R.D.E. Order no. 65 approving the Regulation for the authorization of natural persons carrying out activities in the natural gas sector.

The Regulation sets out the conditions, time limits and procedures for the authorisation, suspension and withdrawal of the status of approved installer in the natural gas sector for natural persons carrying out activities related to the design, execution and operation of upstream supply pipelines related to production, surface technological installations related to storage, objectives/systems related to natural gas transport and/or distribution, installations related to biogas/biomethane production/storage, liquefied natural gas (GNL) installations, hydrogen production installations, as well as installations for the use of natural gas.

This regulation does not include the activities of verification of technical projects and technical expertise of technical projects in the gas sector.

The status of certified installer in the natural gas sector shall be acquired by examination, in accordance with the provisions of the Procedure for the organisation and conduct of the examination for the authorisation of persons carrying out activities in the field of natural gas, provided for in the Annex, which is an integral part of this Regulation, or on the basis of a file if the professional experience is at least 15 years in a discipline in the field of natural gas, installation, civil and industrial construction or related to it.

Please note that the examination is organised by ANRE in accordance with the Procedure for the organisation and conduct of the examination for the authorisation of persons carrying out activities in the field of natural gas, as set out in the Annex.

The cumulative conditions of studies and minimum practical experience in the field of natural gas that the applicant must fulfil in order to take part in the examination are set out in table no. 4 of A.N.R.D.E. Order no. 65/2023.

In order to obtain the status of approved installer, applicants shall submit the following documents:

a) application completed electronically on the ANRE portal or on the PCUe platform;

b) identity card;

c) the study certificate or its recognition/equivalence certificate in Romania;

d) the school transcript – only for the profile related to technical activities in the field of natural gas;

e) certificate issued by an ANRE authorised economic operator certifying the minimum period of practice in the field of natural gas for the type of authorisation applied for, only in cases where seniority in carrying out the activity under the coordination of an authorised installer is required;

f) proof of payment of the tariff, for each type of authorisation requested, according to the tariffs approved by order of the President of ANRE;

g) the declaration of consent regarding the collection and processing of personal data, completed electronically on the ANRE portal or on the PCUe platform.

  1. The record of authorized installers, by type of authorization, is recorded in the electronic register of authorizations, managed by ANRE. This information is public and can be consulted on the ANRE portal.
  2. The quality of authorized installer is proved by checking it on the ANRE portal and by the authorization issued by ANRE, accompanied by an identity document, only if valid.
  3. According to the regulation, the quality of authorized installer is definitive and is valid only under the condition of periodic review of the installer’s license obtained. If the installer’s licence is not endorsed before the expiry of the endorsement period, the holder is not entitled to carry out activities in the field of natural gas until the endorsement of the installer’s licence.
  4. The deadline for approval is the date on which 5 years have elapsed from the date of issue of the licence or, where applicable, from the date of the last approval under the Regulation.
  5. In order to have the authorised installer’s licence validated for the purpose of continuing his activity, the authorised installer shall submit to ANRE, at least 30 days before the expiry of 5 years from the date of issue of the licence or from the last validation, an application completed in electronic format on the ANRE portal or on the PCUe platform, as well as the following documents:
  6.  
  7. a) identity card;
  8. b) proof of having completed a theoretical training course within the last 12 months;
  9. c) proof of payment of the fee for each type of authorization requested, according to the tariffs approved by order of the President of ANRE.
  10.  
  11. The documents shall be sent in one of the following forms:
  12. a) by uploading on the ANRE portal;
  13. b) by uploading to the PCUe platform.
  14.  
  15. If the authorization has not been approved at the end of 5 years from the date of issue or from the last approval, the activity can continue only after the submission of the documents mentioned above and the registration in the electronic register of authorizations, managed by ANRE
  16.  
  17. The candidate declared admitted after the examination acquires the status of certified installer.
  18.  
  19. The record of authorized installers, by type of authorization, is recorded in the electronic register of authorizations, managed by ANRE. This information is public and can be consulted on the ANRE portal.
  20. The quality of authorized installer is proved by checking it on the ANRE portal and by the authorization issued by ANRE, accompanied by an identity document, only if valid.
  21. According to the regulation, the quality of authorized installer is definitive and is valid only under the condition of periodic review of the installer’s license obtained. If the installer’s licence is not endorsed before the expiry of the endorsement period, the holder is not entitled to carry out activities in the field of natural gas until the endorsement of the installer’s licence.
  22. The deadline for approval is the date on which 5 years have elapsed from the date of issue of the licence or, where applicable, from the date of the last approval under the Regulation.
  23. In order to have the authorised installer’s licence validated for the purpose of continuing his activity, the authorised installer shall submit to ANRE, at least 30 days before the expiry of 5 years from the date of issue of the licence or from the last validation, an application completed in electronic format on the ANRE portal or on the PCUe platform, as well as the following documents:
  24.  
  25. a) identity card;
  26. b) proof of having completed a theoretical training course within the last 12 months;
  27. c) proof of payment of the fee for each type of authorisation requested, according to the tariffs approved by order of the President of ANRE.
  28.  
  29. The documents shall be sent in one of the following forms:
  30. a) by uploading on the ANRE portal;
  31. b) by uploading to the PCUe platform.
  32. If the authorization has not been approved at the end of 5 years from the date of issue or from the last approval, the activity can continue only after the submission of the documents mentioned above and the registration in the electronic register of authorizations, managed by ANRE.
  33. Obligations of the authorised gas installers:
  34. For the adequate training of natural persons carrying out design and/or execution and/or operation activities in the field of natural gas, they are obliged to attend theoretical training courses organised by vocational training providers or higher education institutions.
  35. According to the current provisions, the authorized installer is obliged to comply with the following requirements:
  36. a)to know and respect the provisions of the regulations issued by ANRE applicable to its activity;
  37. b) to carry out the activity/activities for which it is authorised by ANRE, in compliance with the legislation in force;
  38. c) to carry out its activity exclusively on a contractual basis, respecting the principles of transparency and equal treatment of customers, avoiding any discrimination;
  39. d) to sign the documentation and/or documents for the works they design and/or execute and/or operate and/or coordinate directly, within the limits of their competences;
  40. e) to submit to ANRE, at its request, any data and information relating to its own activity;
  41. f) to allow verifications, inspections
  42.  and/or controls ordered by ANRE;

  43. to apply the measures ordered by the minutes of the energy contravention finding and sanctioning.

  44.  
  45.      The activity of authorized installer can be exercised at one or more economic operators, according to the provisions of the Labour Code, under one of the following forms:

  • as an employee with an individual employment contract with an economic operator, holder of an operating licence;

  • as an employee with an individual work contract or as an administrator of an economic operator authorized according to the provisions of the Regulation for the authorization and verification of economic operators carrying out activities in the natural gas sector, approved by order of the President of ANRE;

  • as a natural person holding the status of authorized natural person – PFA and who is authorized by ANRE according to the provisions of the Regulation for the authorization and verification of economic operators carrying out activities in the natural gas sector, approved by order of the president of ANRE.

  1.  
  2. Theoretical training programmes:
  3. In order to obtain a licence for the purpose of extending the right to practice, the applicant must have attended a theoretical training course of at least 20 hours in the 12 months preceding the submission of the application or the date on which the application is submitted.
  4. The successful completion of the course is proven by the certificates of completion issued for this purpose.
  5.  The training courses aim at updating the theoretical professional training of the authorised installation specialists, in the context of the implementation and alignment of the national legislation with the European legislation, deepening and synthesising the general knowledge in the field of natural gas held by them, as well as implementing a continuous training process.
  6. Theoretical training courses are organised by higher education institutions, through gas/gas installation faculties or by vocational training providers authorised under the relevant legislation.
  7.  
  8. The theoretical training courses are taught by:
  9.  
  10. a) university teachers from the specialist departments of higher education institutions;
  11. b) other university teaching staff, authorized as natural gas installers, with a minimum of 3 years experience in the field;
  12. c) specialists, persons with a higher education who are authorized installers, with a minimum of 5 years experience in the field.
  13. The theoretical training courses include at least the following modules:
  14. a) theory, mainly including the presentation of specific legislation and applicable technical regulations in force;
  15. b) case studies.
  16.  
  17. Liability and sanctions:
  18. The infringement by natural persons wishing to hold or holding the status of authorised installer in the natural gas sector of the provisions of this Regulation entails their legal liability, in accordance with the law.
  19. The detection of infringements and the application of sanctions shall be carried out by the agents empowered for this purpose by the President of ANRE, according to the provisions of the Law.
  20. ANRE’s investigating officers, depending on the seriousness of the offence found, may propose the following complementary sanctions:
  21. a) suspension of the status of authorized installer for a maximum period of 6 months;
  22. b) withdrawal of the status of authorised installer, with the right to submit to a new examination after a period of 3 years;
  23. c) withdrawal of the status of approved fitter, without the right to take a further examination.
  24.  
  25. Suspension or withdrawal of the status of authorized installer is made by decision of the President of ANRE, based on the following documents:
  26. a) the report of the finding and sanctioning of energy offences;
  27. b) the report of the finding, drawn up by the official, which substantiates the proposal made;
  28. c) the report drawn up by the specialised directorate on the basis of the documents referred to in points a) and b).
  29.  
  30. During the suspension of the status of approved installer or in case of withdrawal of the status of approved installer, the natural person is no longer entitled to carry out the activities for which he has been approved.
  31.  
  32. Legal basis:
  33. A.N.R.D.E. Order no.65/2023 on the approval of the Regulation for the authorisation of natural persons carrying out activities in the natural gas sector.