MANUAL FOR SUSTAINABLE SURFACE WATER RESOURCES MANAGEMENT AND REVIEW OF THE NATIONAL LEGISLATION CONCERNING THE WFD AND RES-E DIRECTIVES WORK PACKAGE 3 – METHODOLOGIES AND TOOLS FOR BETTER WATER & HYDROPOWER

Final Version 03 Date 04.10.2011

G. Harb, V. Bortoluzzi, L. Christoforidou, O. Katsaitis, T. Metaxatos, N. Colnarič, Sašo Šantl, U. Lesky, A. Rechberger, V. Dulgheru, R. Magureanu, A. Galie

INDEX

Summary INTRODUCTION ...... - 5 -

WFD IMPLEMENTATION STATUS...... - 5 -

PERMISSION PROCESS FOR HYDROPOWER IMPLEMENTATION...... - 11 - AUSTRIA ...... - 12 - ITALY...... - 14 - SLOVENIA ...... - 16 - GREECE...... - 19 - MOLDOVA ...... - 29 - ROMANIA ...... - 31 - IMPLEMENTATION STATUS OF THE RES-E...... - 33 -

RES AND RES-E TARGETS AND ACTUAL STATUS ...... - 36 - AUSTRIA ...... - 36 - ITALY...... - 38 - GREECE...... - 41 - MOLDOVA ...... - 44 - ROMANIA ...... - 45 - SLOVENIA ...... - 47 - ACTIONS AND MAIN FOCUS ACCORDING TO RES-E DIRECTIVE ...... - 49 - ADDITIONAL QUESTION: SUGGESTIONS FOR A BETTER AND SUSTAINABLE SURFACE WATER RESOURCES MANAGEMENT IN EACH COUNTRY?...... - 52 - AUSTRIA ...... - 52 - ITALY...... - 52 - SLOVENIA ...... - 52 - MOLDOVA ...... - 52 - GREECE...... - 53 - ROMANIA ...... - 53 - CONCLUSION...... - 54 -

REFERENCES ...... - 55 -

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Figure summary FIGURE 1: BASIC PROCESS OF HYDROPOWER WATER USE IN SLOVENIA...... - 1 - FIGURE 2: PERMISSION PROCESS FOR HYDROPOWER IMPLEMENTATION IN GREECE...... - 21 - FIGURE 3 – GROSS ELECTRICITY GENERATION BY SOURCE (TWH) IN AUSTRIA (EUROSTAT, 2009) ...... - 38 - FIGURE 4 – (FONT. WWW.ENEA.IT) PRODUCTION OF HEAT FROM REN FONTS FROM 2000 TO 2008...... - 39 - FIGURE 5 – (FONT. WWW.ENEA.IT) PRODUCTION OF ELECTRIC ENERGY FROM REN FONTS FROM 1995 TO 2008 - 40 - FIGURE 6: GREECE’S INSTALLED POWER CAPACITY PER TYPE OF ENERGY SOURCE – INTERCONNECTED SYSTEM (2009) ...... - 41 - FIGURE 7: GREECE’S INSTALLED POWER CAPACITY PER TYPE OF ENERGY SOURCE – NON-INTERCONNECTED ISLANDS (2009) ...... - 42 - FIGURE 8: ELECTRICITY PRODUCTION FROM THERMAL POWER STATIONS, HYDROELECTRIC PLANTS AND RES- INSTALLATIONS IN GREECE (2009) ...... - 42 - FIGURE 9: LISENCES AND INSTALLED CAPACITY PER TYPE OF RES (END OF 2009) ...... - 42 - FIGURE 10: RES INSTALLED CAPACITY UP TO END OF 2009...... - 43 - FIGURE 11: PRIMARY ENERGY PRODUCTION FROM RENEWABLE ENERGY SOURCES IN GREECE (IN KTOE), 1990-2009 ...... - 43 - FIGURE 12 – STRUCTURE OF ELECTRIC POWER PRODUCED IN ROMANIA ...... - 46 - FIGURE 13: GROSS ELECTRICITY GENERATION BY SOURCE (GWH) IN SLOVENIA (SI-STAT, JOŽEF STEFAN INSTITUTE, EUROSTAT; 2009) ...... - 47 -

Table summary TAB. 1: WFD IMPLEMENTATION STATUS IN NATIONAL & LOCAL LEGISLATION IN THE PP COUNTRIES ...... - 10 - TAB. 2: PERMISSION PROCESS FOR HYDROPOWER IMPLEMENTATION IN AUSTRIA ...... - 12 - TAB. 3: OVERVIEW ENVIRONMENTAL IMPACT ASSESSMENT IN AUSTRIA...... - 13 - TAB. 4: PERMISSION PROCESS FOR HYDROPOWER IMPLEMENTATION IN ITALY ...... - 14 - TAB. 5: OVERVIEW ENVIRONMENTAL IMPACT ASSESSMENT IN ITALY ...... - 15 - TAB. 6: PERMISSION PROCESS FOR HYDROPOWER IMPLEMENTATION IN SLOVENIA ...... - 17 - TAB. 7: OVERVIEW ENVIRONMENTAL IMPACT ASSESSMENT IN SLOVENIA...... - 18 - TAB. 8: OVERVIEW ENVIRONMENTAL IMPACT ASSESSMENT IN GREECE...... - 28 - TAB. 9: PERMISSION PROCESS FOR HYDROPOWER IMPLEMENTATION IN MOLDOVA ...... - 29 - TAB. 10: OVERVIEW ENVIRONMENTAL IMPACT ASSESSMENT IN MOLDAVA ...... - 30 - TAB. 11: PERMISSION PROCESS FOR HYDROPOWER IMPLEMENTATION IN ROMANIA ...... - 31 - TAB. 12: OVERVIEW ENVIRONMENTAL IMPACT ASSESSMENT IN ROMANIA ...... - 32 - TAB. 13: IMPLEMENTATION STATUS OF THE RES-E IN NATIONAL & LOCAL LEGISLATION IN THE PP COUNTRIES ...... - 35 - TAB. 14: RES AND RES-E TARGETS AND ACTUAL SHARE IN AUSTRIA (EUROSTAT, 2010 UND BMLFUW, 2009) ... - 37 - TAB. 15: RES AND RES-E TARGETS AND ACTUAL SHARE IN ITALY ...... - 38 - TAB. 16.: RIF. OFFICIAL DATAS OF ENEA (OFFICIAL WEB SITE) - MINISTRY OF ENONOMIC DEVELOPMENT ...... - 39 -

TAB. 17: GREECE’S INSTALLED CAPACITY (MWE) ...... - 41 - TAB. 18: RES AND RES-E TARGETS AND ACTUAL SHARE IN MOLDOVA...... - 44 - TAB. 19: RES AND RES-E TARGETS AND ACTUAL SHARE IN ROMANIA...... - 45 - TAB. 20: RES AND RES-E TARGETS AND ACTUAL SHARE IN SLOVENIA...... - 47 - TAB. 21: ACTIONS AND MAIN FOCUS ACCORDING TO RES-E DIRECTIVE IN THE PP COUNTRIES ...... - 51 -

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Preface The present work is an outcome of the project “SEE HYDROPOWER, targeted to improve water resource management for a growing renewable energy production”, in the frame of the South-East-Europe Transnational Cooperation Programme, co-funded by the European Regional Development Fund (www.seehydropower.eu). The project is based on the European Directive on the promotion of Electricity from Renewable Energy Sources respect to the Kyoto protocol targets, that aims to establish an overall binding target of 20% share of renewable energy sources in energy consumption to be achieved by each Member State, as well as binding national targets by 2020 in line with the overall EU target of 20%. Objectives of the SEE HYDROPOWER deal with the promotion of hydro energy production in SEE countries, by the optimization of water resource exploitation, in a compatible way with other water users following environmental friendly approaches. Therefore, it gives a strong contribution to the integration between the Water Frame and the RES-e Directives. Main activities of the project concerns the definition of policies, methodologies and tools for a better water & hydropower planning and management; the establishment of common criteria for preserving water bodies; to assess strategies to improve hydropower implementation, such as small hydropower; testing studies in pilot catchments of partner countries; promotion and dissemination of project outcomes among target groups all over the SEE Region countries.

In particular, the present report D3.1 (Manual for sustainable surface water resources management and review of the national legislation concerning the WFD and the RES-e Directive”), which is part of the Work Package 3 (Methodologies and tools for better water & hydropower planning and management).

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Introduction In the Southeast European countries the structure of electricity production concerning the different energy sources is quite similar. Hydropower and fossil fuels are dominating the electrical energy market. Regarding renewable energy production hydropower is the most important source for the generation of electricity. Therefore it plays an important role to reach the targets set by the European Union in the RES-e Directive 2001/77/EC. According to the RES-e Directive EU countries have to increase their share of renewable electricity production. The RES-e Directive is among other directives one part of the “EU climate package”. The objectives of the climate package are to establish a reduction of CO2 of 20%, to increase the energy efficiency compared to 2005 by 20% and to reach an overall binding target of 20% share of renewable energy sources in energy consumption by 2020 respecting the Kyoto protocol targets (2001/77/EC).

The implementation of the Water Framework Directive is a great challenge for all Member States of the European Union. The purpose of the WFD is to preserve and to protect the status of aquatic ecosystems which have a “good ecological status”, and to improve the status of water bodies which have a “moderate status”. The classification of surface water bodies is based on biological, hydro morphological, chemical and physico-chemical quality elements (2000/60/EC).

The electricity production by hydropower shows advantages for the global CO2 balance but creates at the same time ecological impacts on the river ecosystems on a local scale. Affecting the connectivity of water bodies and injuring river ecosystems has severe hydrological effects. For this reason the Water Framework Directive 2000/60/EC obliges member states to reach a "good ecological status” in water bodies by the year 2015. Administrators in Southeast Europe are facing an increasing water demand, but are lacking reliable tools to evaluate the effects of water withdrawal on river systems. In addition, competition between water users is becoming a serious problem. So there is a strong need of accurate planning and optimizing the management of water resources (Harb et al, 2010).

The present report gives an overview over the implementation status of the WFD and the RES-e Directive. The main problems and actions in the different Member States were presented.

WFD implementation status This chapter was written by all contributing project partners (see last page of this report).

In national & local legislation at national level The implementation report SEC(2007)362 of the European Commission in 2007 showed that the Water Framework Directive was transposed in time by all new member states including Bulgaria and Romania. In contrast, most of the former EU 15 member states did not transpose the directive in the required time, among these Belgium, Finland, France, Germany, Italy, Luxemburg, the Netherlands, Portugal, Sweden and the United Kingdom (SEC(2007)362). Since that the Member States have enhanced their actions to implement the WDF. The actual status is presented in the tables below:

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WFD transposition Country Legislation concerning WFD at national level in national legislation 2003: transposition into national law - the "WRG" – National Water Act - (=”Wasserrechtsgesetz 1959”): contents and requirements of the WFD have been incorporated into the WRG and thus transformed into national law. After Inventory Analysis (>100 km ² catchment), Surveys and risk assessment (from 2003 to 2005) and additional Monitoring until 2009, Condition Assessment, Planning and Creation of the country report to the NGP followed. In April 2009 a draft of the National Water Management Plan (NGP) was presented to the public to participate. With 30th of March 2010 the National Water Management Plan (NGP), was signed and set in force. So the implementation of the EU Water Framework Directive (WFD) in Austria is the actual phase of accomplishment. The NGP sets a clear timetable from now to 2027 to reach the objectives. Additional legal requirements of the National Water Management Plan are defined in the Quality Objective Act: Austria 2003 Qualitätszielverordnung Ökologie Oberflächengewässer (BGBl. II Nr. 99/2010) Qualitätszielverordnung Chemie Oberflächengewässer (BGBl. II Nr. 96/2006 idF BGBl. II Nr. 267/2007) Qualitätszielverordnung Chemie Grundwasser (BGBl. II Nr. 98/2010) In Austria according to WFD´s objectives all water bodies should reach the good ecological and chemical status up to 2015/21/27. An overall meeting of these objectives is regarded as quite difficult, because knowledge of status concerning some small water bodies is not exact up till now. Therefore additional financial and technical reasons make these problems complicated. That is why Austria did progressive stages in reaching the objectives (e.g. 2015/21 for water bodies of priority that need to be urgently remediated and 2021/27 for the rest of the waters of the hydrographic network report. Water bodies of high priority are the migration areas of intermediate migrates (=“suitable indicators”) e.g. Danube salmon or Barbel. . Dec.lgs. 152/1999 – art.40:Decree from the Italian Ministry of the Environment and Land Management. The article 40 assert that, to maintain the storage capacity, all the operation of flushing (and similar) of the dams have to follow a Project of Management. . Dec.30.06.2004 (published on the Official Gazette 16.11.2006):Decree from the Italian Ministry of the Environment and Land Management. 1999-2006 The Decree asserts the criterions to edit the Project of Management (rif. Art. 40 D.lgs. 152/1999), and asserts the roles of the Regions. Italy . DGR 138/2006 (Veneto Region) Veneto Region asserts (according with the Decree of The Ministry) for witch dams (volume under 100.000mc) have to be prepared the Project of Management, and fixed the limits of the torpidity during the operation of flushing.

. Low 1363/1959: Regulation for the editing of the projects, the construction, the management and the control of the dams. . Low 584/1994: Asserts that, for dam with a storage capacity under 100.000mc or of elevation less than 15m, the competence is by the

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Regions.

1994-2009 . D.lgsvo 112/98 art. 89 and LR 11/2001 art. 84: Asserts that the Regions are competent for dams less than 15 m of elevation and storage capacity under 1.000.000mc. . Circ. Ministry LLPP n, 352/1987 and 19.03.1996 : Other indication of Ministry about the management of the dams. . DGR 1722/2009 (Veneto Region) :Disposition for the editing of projects, the constructions and the management of dams of regional (only for Veneto Region) competence. In Greece the WFD (2000/60/EC) has offered a revolutionary approach in the field of water resources management while at the same time it brought about the need for fundamental restructuring of water management and environ-mental protection competencies. It introduced an integrated approach in the protection of water resources through (i) an integrated management on the basis of river basins, (ii) an integrated management of all types of water bodies, and (iii) the development of River Basin Management Plans. Still the Greek laws have to resolve various problems and challenges emphasized in the WFD, including (i) the adoption of simpler and more coherent actions and implementation processes, (ii) the elaboration of scientific, practical and technical issues which remain unresolved, (iii) the development of support mechanisms for administrative structures lacking appropriate expertise. Moreover, in order to fully adopt the WFD, Greek authorities need to take into consideration the numerous small river basins, the extensive coastline, the large number of regions with water scarcity problems and the frequent extended droughts causing water shortage problems, the transboundary river basins in the northern part of the country, the increased irrigation demand, the capacity shortage in managing water resources, and the low public awareness on water issues.

Moreover, the political dimension of water becomes highly important not only because of its scarcity, but also as a result of its sharing across Greece 2003 national boundaries. The need for cooperation and harmonization of policies. The WFD 2000/60 has brought to light in Greece, including the management of transboundary rivers, since roughly 25% of the country’s renewable resources are ‘‘imported”. However, lack of integrated approaches and legal agreements as well as administrative shortcomings, make transboundary cooperation and management an arduous task (Y. Mylopoulos & E. Kolokytha, 2008).

The Greek legislation has resolved some of the above mentioned water issues with the support of a series of Laws and Ministerial Decisions which relate to issues directly or indirectly related to the WFD. These are briefly presented below in chronological order, starting from the most recent ones:

. Presidential Decree 51/08-03-2007 . Laws 2006/113 & 2006/118 on the protection of underground waters . Law 3199/2003 on the "protection and the sustainable management of the water resources" paved the way for fundamental changes in water management policy through the establishment of decentralized Regional Water Directories and the participation of local stakeholders. . Law 3044/2002 defined 25 Management Bodies which were added to the only two already created by Law 2742/1999

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. Ministerial Decision 12160/30-07-1999 YPAN (OGJ Β 1552/03-08- 1999) which delineates the procedures for choosing candidate companies for the construction of SHPs and using water resources for construction. This law also provides the technical specifications for SHP construction. . Laws 2503/1997 and 1558/85 (OGJ 381/Α/26-07-1985), the Presidential Decision P.D. 27/1996 (OGJ 19/Α/01-02-1996) refer to the procedures that all public services have to adhere to in order to the final permission for the construction of SHPs.

. Ministerial Decree F16/5813/17-05-1989 ΥΒΕΤ (OGJ Β 383/24-5-1989) which which refers to the obligations of private companies for using water resources in project construction. . Presidential Decision 256/1989 (OGJ Α 121/11-5-1989) which describes all the necessary actions that have to be carried out in order to take permission for using water resources. . Ministerial Decree SΕ 2708/17-12-1987 ΥΒΕΤ (OGJ Β' 761) lists the documents needed for the preparatory works, installation and operation of a SHP. . Law 1739/1987 (OGJ A 201/20-11-1987) refers to the protection of water resources and the measures that should be taken in order to protect them. . The Joint Ministerial Decisions (JMD) 46399/1352/1986, A5/288/1986, 18186/271/ 1988 . Law 75/440 on the quality of surface waters used for drinking water . Law 80/778 on the quality of drinking water . Law 73/404 on pollution of waters from detergents; Law 76/464 on spilling of pollutants on waters . Law 91/676 on the protection of water from farming activities . The EU Directive 98/83 on the quality of water for human consumption has been transposed by the Joint Ministerial Decision Y2/2600/2001.

As indicated above Greece has undertaken some actions in the direction of a rational reorganisation of its entire water sector mainly through Law 3199/2003. However, the WFD has been partially incorporated in the Greek law. Greece is behind schedule compared to other European countries. Water uses still do not follow a balanced and rationale sharing of the available resources. For the rural use, in particular, a rural national water policy has not been planned and implemented, at least concerning the proper choice for land cultivations based on each region's water availability, the observance of the laws regarding exploitation and pollution of underground waters, the vital reduction of water losses and water consumption for irrigations (amendment of irrigation practices etc) and the briefing and guidance of citizens and farmers on these subjects. The development of systems and tools for water management in the water basins of Western Greece, Ipirus, Attica, Stera Ellada and Thessaly has been incorporated in study officially submitted to the Ministry of Development-Directorate of Water Resources in December 2008 (PDE2002/ SE0613 0000/ OPS 57734). The fairly recent development of

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appropriate tools supporting water management in Greece is reflected in the transnational databases of the European Environmental Agency (EEA) (http://dataservice.eea.europa.eu/dataservice/metadetaills), which presents clearly the status quo with regard to water management and the associated unresolved issues of the rights to use water in certain EU countries, including Greece. HPO605/2002 “Concept of the Environmental Policy of the Republic of Moldova,” adopted in 2002 called for the revision of existing national legislation and regulations, harmonization with European Union norms, and adjustment or elaboration of necessary mechanisms for their implementation. The “EU-Moldova Action Plan” (2005) called for further approximation of national legislation and management frameworks with the European Union’s legal norms and standards in the water resources sector.

In the framework of National Policy Dialogue on Integrated Water Resources Management established by the EU Water Initiative (2008) several policy packages have been implemented:

Moldova In progress . HGO1141/2008 Government Regulation on Waste Water Discharges to Water Bodies . The Draft Water Law, that sets out the rights to use of water, principles of water management and measures for prevention of pollution and makes provision for the introduction of regulatory impact assessment . Draft order of the Government of the Republic of Moldova on the composition and work of river basin councils The Draft Water Law has not yet been promulgated which means that the current Water Code (1993 with amendments) and the Law on Environmental Protection (LP1515/1993 with amendments) does not fully take account of the EU water-related legislation to which the Republic of Moldova seeks to converge.

The WFD was transposed into Romanian legislation by the Law 310/2004 and the Law 112/2006 for amendment of the Water Law 107/1996. Other legislative acts which complete the transposition of the WFD: . GD 12/2007 amending and supplementing certain laws transposing the EU acquits in the field of environmental protection adopted by Law no. 161/2007 Romania 2004 . MO no. 161/2006 for approving the norms on surface water quality classification in order to establish the ecological status of water bodies, which repealed GD 1146/2002 . MO no. 1258/2006 for approving the methodology and technical guidelines for developing the water management schemes . GD no. 930/2005 for approval of special norms related to the character and size of sanitary and geological protection zones

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Main national legislation concerning WFD and the year of transposition:

. The Environment Protection Act (2004) . Waters Act (2002) . Nature Conservation Act (2004) . Public Administration Act (2004) . Decree on the chemical status of surface waters (2002) . Decree on the quality of underground water (2002) . Decree on the emission of substances and heat in the discharge of Slovenia 2004 waste water from pollution sources (1996) . Rules on methods for determining water bodies of ground water (2003) . Rules on methods for determining water bodies of surface water (2003) . Rules on the delimitation of river basins and sub-basins and of relevant river basin districts with waters of I. class (2003) . Two Acts ratifying the Conventions (introduced under the References) . Decree on the detailed content and method of drawing up a water management plan (2006) . Decree on criteria for determination and on the mode of monitoring and reporting of ecologically acceptable flow (2009)

Tab. 1: WFD implementation status in national & local legislation in the PP countries

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Permission process for hydropower implementation This chapter was written by the Graz University of Technology – Institute of Hydraulic Engineering and Water Resources Management. The author is G. Harb.

Legislation - EU level

Water Framework Directive - EU Level: Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy

Environmental Assessment - EU Level: There are two directives implemented in National Law: The Directive 85/337/EEC, known as 'Environmental Impact Assessment' – EIA Directive and the Directive 2001/42/EC known as 'Strategic Environmental Assessment' – SEA Directive. The Protocol of the United Nations Economic Commission for Europe (ECE) on Strategic Environmental Assessment was adopted during the Ministerial Conference in Kiev in May 2003 and ratified by Austria on 23 March 2010.

Nature Conservation - EU Level The objective of the European nature conservation is the building of a net of protected areas all over Europe called NATURA 2000. The definition of protected areas is accomplished by consistent criteria and contains the areas defined by the Conservation of Wild Birds Directive and the Flora-Fauna-Habitat Directive.

Directive (2009/28/EG): Renewable energy sources are actively promoted since 1997 by the EU energy policy (first-time formulation of objectives in the White Paper 'Energy for the Future: Renewable sources of energy "with 12% share target gross national energy consumption by the year 2010). More concrete targets were followed by the Directive (2001/77/EC) to promote electricity from renewable energy sources in the electricity market. In accordance with the guidelines mentioned here, the proportion of renewable want to gross of 13.9% in 1997 to 22% in 2010 to be increased. These national targets have been defined; that for Austria is 78.1%. By implementation of Directive 2001/77/EC on the promotion of electricity from renewable energy sources, it came through the Ökostromgsetz (ÖSG BGBl I 2002/149) to a nationwide scheme. Target under § 4Abs 1 Z 5 ÖSG is to increase the share of electricity produced by hydropower, with a minimum capacity to 10 MW to 9% by 2008 In January 2007 the European Commission proposed (COM (2006) 848) to fix under the proposed energy and climate package legally binding targets for 2020: 20% will be the share of renewable energies in energy consumption, 10% minimum share of biofuels in total consumption of petrol and diesel in the transport sector and a reduction in greenhouse gases by 20%. The Council of the European Union agreed in March 2007. In December 2008 the Council agreed to this energy and climate package. On 17 December 2008 the European Parliament voted on the energy and climate package. The Directive (2009/28/EG) to promote the use of energy from renewable sources was published in June 2009. Subsequently the Directives 2001/77/EC and 2003/30/EC will be in partially abolished in 2010 and completely in 2012.

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Austria This chapter was written by the Government of Styria - Department for Water Resources Management. The authors are A. Rechberger and U. Lesky.

National & local legislation - national level

National Implementation of the Water Framework Directive: The transposition in national law is accomplished by the “WRG” (Water Rights Act) in the amendment of August 29, 2003.

National Implementation of the EIA Directive: The purpose of the (Austrian) Federal Law on the Environmental Impact Assessment (“UVP-G 2000” - EIA Act 2000), Federal Law Gazette No 697/1993, as amended, is to review in a comprehensive and integrative way possible impacts of human activities on the environment before the project is implemented. National Implementation of the SEA Directive: The introduction of the SEA in Austria took place within the framework of the implementation of Directive 2001/42/EC on Strategic Environmental Assessment (SEA Directive). The requirements of the SEA Directive have been implemented in Austria within the framework of various material laws at federal and provincial levels. Due to the legal situation in terms of competencies the requirements according to the SEA Directive were integrated into various material laws at federal and provincial levels and/or implemented in the form of separate SEA laws at federal and provincial levels. For Hydropower implementation in Austria the only relevant act is the “WRG” (Water Rights Act) including The National Water Management Plan.

National Implementation of Nature Conservation: The accomplishment of national nature conservation is in the responsibility of the nine Regional Governments (each of them has its own Nature Conservation Act).

Basic procedure of the permission process for hydropower implementation For hydropower implementation there are two separate permission processes based on the WRG (National Law but indirect federal administration due to the Regional Governments) and on the respective Regional Nature Conservation Acts. Additionally, the requirements of the Regional Construction Regulations as well as the Regional Energy Acts (e. g. the Stmk. EIWOG 2005) have to be taken into account.

HPP- Legislations concerning permissions of hydropower implementation . EU Water Framework Directive (2000/60/EC) and as transposition into national law the "WRG" (=”Wasserrechtsgesetz 1959”).Claims were also acquired with a 2003 amendment >10MW to the WRG § 30 d Directive (EEC) No 92/43 on the conservation of natural habitats and of wild fauna and flora, Directive (EEC) 79/409 on the conservation of wild birds. Additional EIA-G 2000, Directive 2009/28/EG (particularly with Directive 2001/77/EC) . EU Water Framework Directive (2000/60/EC) and as transposition into national law the <10MW "WRG" (=”Wasserrechtsgesetz 1959”). For the nature conservation process - unless "European protected areas” like N 2000 areas are affected - the Regional Styrian Nature (SHP) Conservation Act is the basis for this procedure.

Tab. 2: Permission process for hydropower implementation in Austria

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Comments An optional possibility for the planning process is to present an application for a pre-analysis of the water body status in the presumed area of interest. This procedure allows a pre-evaluation of the hydropower implementation.

HPP- Average duration of the Kind of Environmental Impact Assessment for permission process for HPP? hydropower implementation Problems? Following the EIA-G 2000 - Z 30 in Annex 1: (planned and effective duration) hydroelectric power plants with a bottleneck capacity of at least 15 MW and chains of power plants with a single 9 - 12 months bottleneck capacity of 2 MW are defined as EIA projects. >10MW A power chain is regarded as a series of two or more hydropower plants without intervening free-flowing sections by a defined minimum length of 2 km. The planning of power plants with a bottleneck capacity of less than 15 MW does not need the approval of EIA-G 2000.

The planning application has to be presented to the water planning authority and to the regional nature <10MW conservation authority. The procedure is accomplished Approximately 6 months according to the water rights act (based on the WRG) (SHP) and the regional nature conservation act (e. g. In Styria the Styrian Nature Conservation Act is basis for the procedure).

Tab. 3: Overview environmental impact assessment in Austria

Problems However, there are some points that have a view to sustainable water management improvement. A clearer guidance concerning the Habitats Directive, Birds Directive, the Water Framework Directive and the Renewable Energy Directive in relation to the position of hydropower would be desirable. Possible new regulations concerning other kinds of interests in water use should not interrupt the process of the stepwise achievement of objectives. The aim should be a harmonization between different interests of all water users and the NGP objectives to reach.

Comments In Austria there are actually two different planning procedures for the hydropower granting process. As mentioned above there is no difference between hydropower plants > 10 MW and < 10 MW but according to the EIA-G 2000 the planning process for hydropower plants > 15 MW or hydropower chains the granting process is more substantial.

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Italy This chapter was written by the Province of Belluno. The author is V. Bortoluzzi.

Basic procedure of the permission process for hydropower implementation

In Italy the procedures are different, region by region.

HPP- Legislations concerning permissions of hydropower implementation . Royal Decree 1775/1933 – National dispositions about water and electrical hydropower. . D.Lgsv 387/2003 – Attuation of Directive 2001/77/CE about the promotion of electrical energy produced by renewable >10MW . L.R. 11/2001 (for Veneto Region) Asserts the competences of the Region and of the Province; . DGR 1609 of 09.06.2009 (for Veneto Region): Collects the procedures, and all the Authority competences for hydropower implementation. . The procedure is the same that before (HPP> 10 MW). . Royal Decree 1775/1933 – National dispositions about water and electrical hydropower. . D.Lgsv 387/2003 – Attuation of Directive 2001/77/CE about the promotion of electrical energy produced by renewables <10MW . L.R. 11/2001 (for Veneto Region) Asserts the competences of the Region and of the (SHP) Province; . DGR 1609 of 09.06.2009 (for Veneto Region) : Collects the procedures, and all the Authority competences for hydropower implementation. . The procedure is more simple only for HPP<100kW : in this case it is only an authorization by the local municipality.

Tab. 4: Permission process for hydropower implementation in Italy

Comments From about then years the National Authority has left some competences to the Regions (Bassanini lows), and for this reason now we have different procedures for every region.

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HPP- Kind of Environmental Impact Average duration of the permission process Assessment for hydropower for HPP? Problems? implementation D.lgsvo 152 of 2006: National dispositions Usually the duration is 180 days about Impact Assessment: asserts the dimensions of structures to submit to Environmental Impact Assessment, in particular for the National competences. L.R. 10/1999 (For Veneto Region) asserts >10MW the dimensions of structures to submit to Environmental Impact Assessment (Regional and Provincial). DGR 1609 of09.06.2009 : Asserts the kind of hydropower power plants have to be submitted to the Environmental Impact Assessment. No difference with the dispositions for the Usually the duration is 180 days bigger structures. D.lgsvo 152 of 2006: National dispositions about Impact Assessment: asserts the dimensions of structures to submit to Environmental Impact Assessment, in particular for the National competences. <10MW L.R. 10/1999 (For Veneto Region) asserts the dimensions of structures to submit to (SHP) Environmental Impact Assessment (Regional and Provincial). DGR 1609 of09.06.2009 : Asserts the kind of hydropower power plants have to be submitted to the Environmental Impact Assessment. For HPP<100kW: only authorization by the local municipality (without EIA). Tab. 5: Overview environmental impact assessment in Italy

Comments From about then years the National Authority has left some competences to the Regions (Bassanini lows), and for this reason now we have different procedures for every region.

Problems The principal problems are that the permissions for small structures are the same that for big structures, and that the duration of the permissions process usually doesn't respect 180 days (sometimes is more than the year).

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Slovenia This chapter was written by the Ministry of Environment and Spatial Planning in Slovenia and the University of Ljubljana, Faculty of Civil and Geodetic Engineering. The authors are N. Colnarič and S. Šantl.

For hydro electricity production (for all capacities) interested party in Slovenia need to obtain Water Concession which is granted in the process of public tendering. Figure 1 shows the basic process of water use for hydropower in Slovenia with all important phases from Initiative to Electricity production and Supervision.

Inititative for water concession granting

Spatial Does planning relevant Spatial Document predicts and Harmonization defines hydropower water use and construction of all needed with River Basin structures, facilities and Management Plan infrastructure?

Yes

Process of concession granting

Design and construction

Operation and electricity production Supervision

Figure 1: Basic process of hydropower water use in Slovenia

The process usually starts with the initiative of interested parties, and if the basic condition, relevant Spatial Planning Document is adopted, which allows and defines constructions of hydropower objects and infrastructure, the terms to start the process for concession granting are fulfilled. Ministry for the Environment and Spatial Planning at this point starts the administrative process of preparation of the decree proposal. The Decree proposal is then sent to the Government for the adoption. It has to be stressed that since the process of concession granting starts with the governmental decree for the exploitation of certain river reach, the government, due to more strategic reason, still can stop the process.

As it is seen in Figure 1, the main condition and milestone is adoption of proper relevant Spatial Planning Document. Namely in the process of spatial planning, directives and conditions of all deciding stakeholders have to be considered and analysed.

Concession granting process follows next steps:

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. The process usually starts with the initiative of interested parties (investors, local communities) to the MESP, . Control with conditions (harmonization with Spatial Planning Act and River Basin Management Plan, . Administrative procedure of preparation of the proposal of the Decree by MESP (usually for several locations at once), . Adoption of the Decree for the exploitation of certain river reach by the Government . Procurement for concession granting (MESP or Environmental Agency of RS – EARS as body under MESP), . The Government enacts the written order of concession granting to the awarded bidder . Concession contract making with awarded bidder (EARS). After the concession granting design and construction process of hydropower structures (also measures defined in the spatial planning act and building permit documentation) can start.

HPP- Legislations concerning permissions of hydropower implementation . Waters Act >10MW . Spatial Planning Act . Energy Act . Waters Act <10MW . Spatial Planning Act (SHP) . Environment Protection Act . Energy Act

Tab. 6: Permission process for hydropower implementation in Slovenia

Comments The basic term which has to be fulfilled to start the process of granting the concession for HP is adopted spatial planning act (local or national level) in the area of concession granting initiative which will also have to be adjusted with River Basin Management Plan (after the adoption according the timetable of WFD implementation).

HPP- Kind of Environmental Impact Average duration of the permission process Assessment for hydropower for HPP? Problems? implementation In the procedure of spatial planning Spatial planning (the process includes also Comprehensive Environment Impact CEIA, Hydrological and Hydraulic analysis, Assessment (CEIA) has to be elaborated. Design Concept, Cost Benefit and Cost Efficiency Analysis, Public Participation) lasts In the procedure of building permit from 12 - 24 months, if in the process other >10MW requirement elaboration of EIA has to be circumstances or terms, which can return the carried out. process to some previous phase, not occur.

Basic procedure of EIA: Screening -> Concession granting (government decree, Scoping -> Environmental Information -> public procurement, government decision, and Consultation on Env. Info. -> Decision contract) lasts around 6 months.

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If the reservoir of SHP exceed 10.000 m3 or Same as for HP > 10 MW only spatial planning installed power is more than 1 MW in the procedure can last from 9 - 18 months <10MW procedure of spatial planning (depends on CEIA, EIA obligation and the area Comprehensive Environment Impact of impact which can define additional studies) (SHP) Assessment (CEIA) has to be elaborated and in the procedure of building permit requirement elaboration of EIA is obligatory.

Tab. 7: Overview environmental impact assessment in Slovenia

Comments The EIA is regulated by the Environment Protection Act and from this Act resulting decrees, rules and methodologies which describe in more detail the obligatory terms and the content of the EIA. If SHP for which EIA is not obligatory, but it is planned in an area, which is defined as protected area under nature conservation legislation, elaboration of CEIA has to be carried out. Mentioned is regulated by Nature Conservation Act.

Problems If a lot of stakeholders with different rights and interests are involved (big reservoir, land acquisition, influence on other infrastructure, flood hazard, …) the process of spatial planning can be prolonged due to additional studies, analysis and negotiations. In hydropower implementation in Slovenia there is an absence of efficient and agreed transparent process how to evaluate HP planning in areas and river section with other environmental regulations are regulated.

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Greece This chapter was written by the Prefecture of Serres and Arta Province. The authors are L. Christoforidou, O. Katsaitis, T. Metaxatos.

Basic procedure of the permission process for hydropower implementation

The procedure for obtaining permission for SHP development projects is given on the web site www.rae.gr. Various environmental measures are necessary and have to be incorporated in the Environmental Impacts Assessment study. An approval of the Environmental Impacts Assessment study is the precondition for the next step.

HPP- Legislations concerning permissions of hydropower implementation . The limit for a small hydro plant is 15MWe. In Greece SHP installations have guaranteed feed tariffs. Moreover, all levels of government are involved in this process. . The licence to produce electricity is issued by the Minister of Environment, Energy and Climate Change based on an opinion from the Regulatory Authority for Energy (RAE). . The operation permit is granted by the Regional Authority . Building permits by the Town-Planning Directorate of the Regional Authority. . If there is any conflict during the process, the final decision is taken by the Ministry of Environment, Energy and Climate change. . Obtaining licence to produce electricity . In more details, Article 3 of Law 3468/2002 requires that a special authorization will be issued by the Minister of Environment, Energy and Climate Change based on an opinion from RAE based on the following criteria: . The national security . The protection of public health and safety >10MW . The overall safety of the facilities and the relevant equipment of the System and Network . The energy efficiency of the project for which a relevant application is filed as that efficiency is established for RES projects from measurements of the RES potential and for high- efficiency cogeneration of electricity and heat, from their energy balances . The degree of maturity of the project implementation process as indicated by the relevant permits or approvals granted by competent authorities, the studies needed as well as any other pertinent data. . The right of using the land where the plant will be installed . The right of use of the land where the plant will be installed . The ability of the applicant to implement the project on the basis of its financial, scientific and engineering competence . The safeguarding of supplying public utility services and the protection of customers. . The protection of the environment according to the laws in force and the special planning framework for RES and sustainable development. . Prior to delivering its recommendation to the Ministry of Environment, Energy and Climate

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Change, RAE will cooperate with the Operator of the System, the Network and mode of connection of the station to the System or the Network. Thus, an opinion will be issued by RAE based on the Preliminary Environmental Impact Assessment Study. RAE shall deliver its own opinion to the Minister of Development. The Ministry of Environment, Energy and Climate Change must issue a relevant decision based on RAE's opinion. . The Production authorization for a SHP takes into consideration the following requirements: . Its holder, being an independent producer or auto-producer, legal or natural person. . The installation location of the power plant. . The installed capacity and the maximum generation output. . The technology applied or the type of RES in case the granting is done for a RES plant. . Its duration. . The person or persons who have the financial capacity to fund and implement the project. . Copies of the Preliminary Impact Assessment Study, together with his application to RAE, to the following relevant authorities for approval: . The Ministry of Environment, Energy and Climate Change for building an SHP in protected areas (Ramsar, Natura 2000, national parks, forests with scenic beauty and natural heritage sites). . The Directorate of Environment and Physical Planning of the relevant Region. . The competent Environmental Service of the prefecture-level local government. . Approvals are requested by the following authorities and bodies: . The competent Chief Forester's Office or the Forestry Directorate of the relevant prefecture-level local government if a Chief Forester's Office does not exist. . The General Directorate of Forestry, only for approvals of environmental terms and conditions which are issued by the Special Environmental Service of the Ministry of the Environment, Physical Planning and Public Works. . The City Planning Service having jurisdiction over the project area. . The Curators of Prehistoric and Classical Antiquities, the Curators of Byzantine Antiquities and the Curators of Modern Monuments having jurisdiction over the project area. . The Hellenic Telecommunications Organization . The Civil Aviation Authority . The General Staff of the Ministry of National Defence . The relevant services of the Ministry of Tourism . Water authority and/or any other authority relevant for the project

<10MW see >10MW

(SHP)

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Figure 2: Permission process for hydropower implementation in Greece Comments The main scope of Law 3468/2006 was to simplify the licensing system for RES investments in Greece (i.e. licensing procedures). The Law reinforced a strong interest in the new electricity feed-in-tariffs system, applicable for the sales of RES-produced electricity to the grid. Thus, the Operators of electricity grids are required to connect SHP plants to the grid and purchase all of their electricity at legally-fixed minimum prices. However, grid availability is an important issue in Greece, since the areas of high wind potential are usually isolated and far from the existing grid infrastructure. So an important part of achieving the RES target is connected with the grid development projects.

Moreover, the tax legislation is also unfavourable to the small hydropower, by accepting an annual amortization rate for such investments of only 2%. Also, the interconnection cost with the public utility networks of a private SHP is normally prohibitited, provided that most of such plants are located within mountainous remote areas. The environmental terms required for the issue of a private SHP license are issued by the Ministry of Environment, Energy and Climate Change. The environmental licensing procedure faces frequently various local economic interests. Many SHP plants are located within forested areas, a fact that rather hampers the licensing procedure on behalf of the various services of the Ministry of Agriculture.

. Strong points of the different regulations . The financial incentives are more than satisfactory. As stated above the guaranteed tariff and there is a good possibility that the capital investment will be subsidized. . Most important conflicts linked to the use of water in Greece . Water resources might be part of the cultural heritage of a region and, thus, there might be a conflict between the use of water resources and cultural heritage . Local authorities may ignore the overall benefit of the region focusing on local issues . Legislation has been unnecessarily complicated and consequently the implementation of existing laws can be extremely time confusing. . Farming In Greece the lack of a pricing water implies possible wasteful activities

As far as concessions are concerned, the following issues must be resolved: . No substantial differences exist between the concessions for micro/mini diversions and large diversions; . The thresholds for the regional checking of EIA are too low;

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. Compensation costs are not defined; . Uncertainties on the data regarding water resources; . Uncertainties on the minimum flow rate to release in the river bed; . Non-implementation of the obligation to install flow meters.

Problems As indicated above, bureaucracy dominates the licensing process which takes a very long time. Consequently, investors are reluctant to invest in SHP projects. As far as prospective the stakeholders are concerned, different rights and interests involved and spatial planning conditions require additional studies, analyses and negotiations.

In addition, it is important to mention the lack of data in most of WBs. As a result it is necessary to collect the required measurements and data pertinent to SHP production, which must be readily available to local stakeholders by public authorities involved in SHP licensing. The measurements have to be reliable and to be taken into consideration for a national RES strategy for hydropower production.

HPP- Averag e duration of the Kind of Environmental Impact Assessment for hydropower implementation permission process for HPP? Problems? Ministerial Decision 25535/3281/02 (OGJ Β ́1463/20.11.2002) describes the procedure relating the Environmental Impact Assessment with A2 category. More than 1 and a half Common Ministerial Decision PN 145799 (OGJ Β ́1002/18.07.2005), completing year Common Ministerial Decision 15393/2332/02, according to article 3 of Law >10MW 1650/86 as well as Article 1 of Law 3010/02 on levels of hydropower production.

Common Ministerial Decision 11014/703/03 (OGJ 332/20.03.2003), related to article 4 of the Law 1650/86 as well as article 2 of Law 3010/02, describes the necessary documents that must be included in the Environmental Impacts Assessment.

Ministerial Decision 104247/ΕΥPΕ/ΥPΕΧODΕ/2006 according with the article.4 of More than the Law 1650/1986 substituted Common Ministerial Decision 1726/2003 (OGJ 1 year Β552/2003) which describes the procedure for approving or disqualifying a project submitted for Environmental Impacts Assessment. It refers to RES-e in accordance with Law 1650/1986 which was replaced by the Article 2 of the Law 3010/2002.

<10MW Common Ministerial Decision 15393/2332/02 (OGJ 1022/05.08.2002) refers to Article 3 of Law 1650/86 and article 1 of the Law 3010/02) placing projects into (SHP) public and private projects into different levels.

The Environmental Impact Assessment (EIA) takes place in two stages. Initially the licence to produce electricity requires the Preliminary Environmental Impact Assessment. This practice allows the investor (s) to save time and money under the case of rejection of the application. It must be noted that the full EIA is required in order to obtain the installation and operation licence.

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The Preliminary Environmental Impact Assessment file shall contain the following sub files of documents:

. TECHNICAL DESCRIPTION OF THE PROJECT . PRELIMINARY ENVIRONMENTAL IMPACT STUDY . MAPS AND PHOTOGRAPHS

In more detail, the Technical Description of an SHP Project will include:

. Name and type of project (size, technology) . Geographical location, existing state of the environment . Short description of the project (area, type of construction and preventative measures and means of dealing with the impacts)

The Preliminary Environmental Impact Assessment Study of an SHP Project encompasses: . General description of the project (site, type, extent) . Type, technology applied, general technical features of the project or activity . Conditions in the area where the project or activity will be implemented . Topographical conditions . Reference to approved master plans and zoning, town planning schemes and land uses, if any, applicable to the proposed installation area of the work or activity . Geological, hydrological and soil conditions . Climatic conditions . Vegetation - fauna – biotopes . Landscape - aesthetic appraisal . Existing management, if any, of forest expanses . Exploitation schemes for natural resources . Synergetic impact with other projects or activities . Waste matter produced . Pollution and annoyance caused . Changes in geomorphology and impact on the landscape . Prevention of accidents, especially due to the use of substances or technology . Description of measures foreseen to be taken in order to avoid, abate and, if possible, restore significant negative impact . Restoration of geomorphology . Measures for the preservation of types of biotope habitats . Preservation - restoration of landscape features - aesthetic improvement

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. Measures for the preventative and corrective protection of vegetation . Summary description of the main alternative solutions being studied by the owner of the project or activity with indications of the main reasons they were chosen by himself, taking into consideration their impact on the environment . Benefits accrued to the national economy, national security, public health, and the serving of other matters of public interest . Positive impact on the natural and man-made environment in an area broader than that directly affected by the project or activity . Measures necessary after the final cessation of operations.

In addition, the Preliminary Environmental Impact Assessment File will include maps and photographs in the following form:

Survey maps at a suitable scale (1:50.000 and 1:5.000) which will show the site and extent of the project as well as the existing infrastructure and land uses in the area. Photographs of the installation site, taken both from its interior, as well as from typical vantage points in the wider area.

The next step is to apply for a building permit submitting the following documents: . Application signed by the interested party (in a special form) . Declarations (warranties) for the relegation and the undertaking of the supervision study. . Technical reports and budget (in a special form) . Installation Permit . Topographical chart together with diagram of coverage, in accordance with the stipulations of Presidential Decree 3.9.83 (Official Journal 394/D/8.9.83) . Architectural design. . Civil-engineering structural design. . Heating and insulation design. . Plumbing and sewage design, where required. . Electrical/mechanical design, where required. . Approval of the architectural design by the Town Planning and Architectural Control Committee. . Passive fire fighting design. . Active fire fighting designs, where required. . Gas and fuel handling study, where required. . Title deeds and recent certificate of ownership from the Land Registry for each terrain/property which may obtain a building licence by exception, or which is located outside the town planning zone. . Proof of deposit of consultant engineer's fee. . Reasoned report by the consultant engineer, in accordance with para. 1 of

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article 3 of the General Building Code. . Mapping out of the coastline (if the location is situated at a distance less than 100 metres from the shore) . Approval by the Public Power Corporation for building constructions exceeding 2,500 cubic metres. . t) Approval of the Forestry Department in case that the installation is situated in a forest area or in anarea outside the town-planning zone. . u) Approval of the Ministries of Agriculture and Development in case that state, municipal or communal land is being ceded. . v) Approval of the Archaeological Service in case that the installation is situated in areas controlled by the Ministry of Culture. . w) Approval by the General Air Staff if the terrain is situated in the vicinity of military airfields or civilian airfields used also by the Air Force and at a distance less than 5,000 metres from the centre of the runway of the airport. . x) Approval by the Civil Aviation Authority if the terrain is situated in the vicinity of civilian airfields at a distance less than 4,000 metres from the centre of the runway of the airport. y) Approval by the Ministry of Defence if the terrain is situated in a border region.

Next, the investor will have to apply to the Regional Authority for the Installation License based on the following files and documents: . A file containing the application for the approval of environmental terms of the plant accompanied by the complete Environmental Impact Assessment Study adhering to the laws in force. . A file containing the application for the approval of environmental terms of the connection works if required. . A file containing the supporting documents for the approval of use of forested land if so required by the provisions in force of the forest legislature. . A file containing the following data: i) a copy of the production permit and ii) a short technical description of the works not exceeding 10 pages signed by the design professional who prepared it and which shall include basic engineering data of the project, as well as its cost. . The connection terms of the SHP plant to the System or Network. . The surveyor's diagrams authenticated by the responsible Operator. . The decision approving the Environmental conditions. . The connection terms of the plant to the System or Network.

A legal certificate proving the exclusive use of the installation land plot and any other property in conjunction to the construction and operation of the plant, as the connection works, according to article 7 of Law 3468/2006.

The provisional connection and tentative operation of an SHP plant requires the completion of the plant and prior to the filing of the application for being granted an Operation Permit. In this case, the holder of the installation permit will submit an application to the responsible Operator with whom the connection contract was concluded, for the provisional connection of the plant to the System or

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Network in order to be carried out the tests necessary for putting the facilities into operation.

The Regional Authority is responsible for issuing the operation permit for an SHP being established in its geographical area of jurisdiction, with a complete file of supporting documents: . A certified copy of the relevant connection contract having been concluded by and between the Producer and the responsible Operator. . A certified copy of the relevant electricity sale contract having been concluded by and between the Producer and the responsible Operator. . A certificate issued by the Operator, stating that the relevant connection works of the station to the System or Network as well as the other necessary facilities of the producer have to be completed with the observance of the minimum specifications provided for in the System Operation Code and the Network Operation Code. . A certified copy of the building permit if such a permit is required under the provisions of the laws in force. . A certificate of the responsible Fire Brigade Service stating that all necessary fire-protection measures have been taken following suggestions thereof. . A solemn declaration of the holder of the installation permit stating that: . The terms laid down in the environmental permit have been met during the construction stage and that these terms shall be observed during the operation of the plant. Should any violations of the terms and restrictions be revealed, a new approval of environmental terms shall be necessary. . The oversight of plant operation has been assigned to an engineer being under law responsible therefore. . A solemn declaration of the engineer entrusted with the task of plant operation oversight, stating the acceptance of these duties and also pledging observance by the operation of the plant of the terms and regulations pertinent to the protection of the environment and the safety and health of those employed in the plant.

Finally it is required to obtain a permit to connect to the grid

. The investor will have to submit an application to the Hellenic Power Transmission System Operator S.A. (DESMIE) for the SHP connection terms with the GRID or the System or Network. The following support documents are needed: . Surveyor's diagrams on a background prepared by the Hellenic Army Geographical Service (GYS) at scales 1:5,000 and 1:50,000, clearly indicating the location of the plant. . Land plot coverage diagrams at a scale 1:200 up to 1:500 of the proposed facilities, indicating the position of the units, the connection/stepping-up substations and control buildings. . One-line electrical diagram showing the main equipment of the plant and especially the production units each of them identified by unique numbering, the voltage stepping-up transformers, the power-factor compensation devices and the disconnection and protection gear.

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. Description of the central reactive power compensation of the plant devices, if any, as well as of their control system. . Description of the protection gear including settings being either the possible and/or those suggested by the manufacturer for every kind of generator used. . Description of the starting/synchronization arrangement for any kind of generator. The description shall include the starting/synchronization mode, the specific values for time duration and speed of revolution by the connection, as well as the voltage and frequency deviation limits controlled by the synchronization arrangement. In case the supervision and control system of the units and the plant restricts the frequency of controls or/and the stated in point 7.1 of the appendix hereto number of units which start simultaneously, then more detailed data should be provided. . Description of power factor compensation for any kind of generator provided with individual power factor compensation gear, as well as information data for central compensation gear, if any, covering the overall plant. . The data regarding the technical characteristics of the generation units.

The Joint Ministerial Decision (JMD) 1726/2003 marked a breakthrough in Greece in terms of intensifying efforts to rationalise and simplify the complex and very lengthy licensing procedures for RES-to-power projects. To this date, these procedures constitute today the single, most difficult obstacle in the effective materialisation of commercial-scale RES investments in Greece. JMD 1726/2003 was signed by the ministers of all the Ministries that are co-responsible for the RES licensing procedure. The JMD covers all three basic (and time consuming) stages of the RES licensing procedure, and more specifically those of :

. Preliminary environmental impact assessment . Approval of environmental terms and conditions . Approval of intervention on public land

First, the JMD defines clearly and unambiguously the specific public authorities, agencie s and directorates that are required to give an opinion (or to make a decision ) regarding the licensing of a RES project. Second, the JMD describes in detail the contents of the opinion, to be given by each one of the above authorities or agencies. Third, the JMD sets strict deadlines for the licensing authorities or agencies, within which they are required to give their opinions about the RES project under consideration. These deadlines have an irrevocable character, i.e. beyond them, the respective authorities, agencies, committees, etc., that have not responded, are counted as having positive opinions (answers) towards the given RES project, and the licensing procedure moves on to the next stage. The licensing deadlines, set by JMD 1726/2003, are as follows : 1. Preliminary environmental impact assessment : 30 working days (total) 2. Approval of environmental terms and conditions : 60 working days (total) 3. Approval of intervention on public land : 40 working days (total) 4. Licensing for the connection to the grid within 15 days

In Greece there is an RES Special Planning Framework which controls the spatial policies for RES per category of activity and space and establishes the rules and criteria which will allow on the one hand the set up of viable RES facilities and on the other hand their harmonious incorporation in the natural and man-made

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environment, i.e. through the endorsement of the framework it is sought, in addition to other benefits, a more clear-cut guide to the licensing authorities and the investors, so that the latter will be oriented to installation locations in the first place following the spatial planning perspective. This way, an investor may avoid common ambiguities and conflicting land uses.

Tab. 8: Overview environmental impact assessment in Greece Comments/Problems The frequent changes of laws and the tremendous bureaucracy have discouraged private investments on RES-e projects in Greece. The RES-e legal framework has to be encompassing pertinent WFD legislation. Besides legislation a concrete and coherent national strategy for SHP is needed.

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Moldova This chapter was written by the Technical University of Moldova. The author is V. Dulgheru.

Basic pr ocedure of the permission process for hydropower implementation

HPP- Legislations concerning permissions of hydropower implementation . LPM1532/1993 Water Code with amendments . LPM1515/1993 “Law on Environmental Protection” with amendments

>10MW . Water Cadastre (1994) . LPM851/1996 “Law on Ecological Expertise and Environmental Impact Assessment” with amendments . The draft Water Law (2008) . LPM1532/1993 Water Code with amendments . LPM1515/1993 “Law on Environmental Protection” with amendments <10MW . Water Cadastre (1994) (SHP) . LPM851/1996 “Law on Ecological Expertise and Environmental Impact Assessment” with amendments . The draft Water Law (2008)

Tab. 9: Permission process for hydropower implementation in Moldova

Comments The current national legal framework is outdated and acknowledged to be an obstacle to sustainable water resource management. A Draft Water Law has been drawn up to harmonise Moldovan water related legislation with the EU WFD. The draft Water Law states the rights to use of water, principles of water management and measures for prevention of pollution and makes provision for the introduction of regulatory impact asessment.

According to this draft Water Law the right of water use is obtained on the basis of a water certificate issued in compliance with the provision of this Law or by transfer of the right of special use. The draft Water Law stipulates that, “After coordination with the Central Authority for Environment and Natural Resources (Ministry of Environment), the Public Water Management Authority (Apele Moldovei) shall issue a water certificate” (Art. 51). In the case of a new physical alteration of the water body, issuance of a water certificate shall be based on an assessment of the impact on the environment, performed in accordance with the legislation on ecological expert analysis and environment impact assessment.

HPP- Kind of Environmental Impact Average duration of the permission process Assessment for hydropower for HPP? Problems? implementation The right of water use is obtained on the Data are not available since this is a draft law, basis of a water certificate issued in and the government regulations concerning the compliance with the provision of draft Water issuance of the rights of water use and water >10MW Law or by transfer of the right of special use. certificates have to be adopted. After coordination with the Ministry of The ecological expert analysis and environment Environment, Apele Moldovei shall issue a impact assessment (State Ecological Expertise) water certificate. In the case of a new shall be conducted within up to 3 months from

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physical alteration of the water body, the date of submission of the documentation. issuance of a water certificate shall be based on an assessment of the impact on the environment, performed in accordance with the legislation on ecological expert analysis and environment impact assessment. Same as in >10MW Same as in >10MW

<10MW

(SHP)

Tab. 10: Overview environmental impact assessment in Moldava Comments In the existing legislation framework there is no difference made between the sizes of HPP (more or less 10MW).

Problems The draft W ater Law has undergone consultations with ministries and was expected to be ready for presentation for Government approval and Parliament discussions in December 2008, but still it is not adopted.

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Roman ia This chapter was written by the University “Politechnical” of Bukarest and the National Water Administration “APELE ROMANE”. The authors are R. Magureanu and A. Galie.

Basic procedure of the permission process for hydropower implementation

In order to implement a small hydropower plant in Romania, some steps must be followed; each of them is according with its own legislation and administrative procedures. Some licenses and permits should be required from competent authorities. The guidelines for the producer of electricity from renewable energy sources (E-RES) published by the Romanian Energy Regulatory Authority (RERA) at the end of 2009 (http://www.anre.ro/documente.php?id=394), contains a short description of the steps which must be followed by the electricity producer from renewable sources. In these guidelines, legal aspects are also presented concerning the following issues: energy production, connection and transportation through national distribution network of electricity to final users, selling the electricity generated on the energy market and how Green Certificates (GC) are transacted in Romania.

HPP- Legislations concerning permissions of hydropower implementation . Order of the Ministry of Environment and Water no. 662/28.06.2006 - the approval procedure and competencies for issuing water management authorizations >10MW . MO 661/2006 regarding the approval of the norms concerning the technical documentation in order to obtain the water management licenses and permits

According to the Law 220/2008, RES-e produced in hydropower facilities with an installed <10MW power lower or equal with 10 MW putting into operation or modernized since 2004 will receive 1 GC/MWh; Hydro = 1-10 MW other then the cases above will receive ½ GC/1 MWh; Hydro = (SHP) 0-1 MW/unit will receive 2 GC/1 MWh. GC = Green Certificate.

Order of the Ministry of Environment and Water no. 662/28.06.2006

Tab. 11: Permission process for hydropower implementation in Romania

Comments The Law 220/2008: that the GC can be sold by bilateral contracts or on the centralized GC market with a price of 27 - 55 €/GC in the period 2008-2014. Romanian Energy Regulatory Authority is the only competent authority in the energy field at the national level under direct coordination of Prime Minister and is governed by electricity Law 13/2007. GEO 54/2006 regarding the legal system of concession agreements of the goods under public property, with further modifications.

HPP- Kind of Environmental Impact Average duration of the permission Assessment for hydropower process for HPP? Problems? implementation GO 860/2002 regarding approval of the 60 month Procedure of Environmental Impact >10MW Assessment and issuing the environment agreement/accord.

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GO 860/2002 regarding approval of the Between 18 to 24 month depending on the <10MW Procedure of Environmental Impact stage of documentations (concession, building, Assessment and issuing the environment environment authorization or other (SHP) agreement/accord. authorization)

Tab. 12: Overview environmental impact assessment in Romania

Comments

Regarding en vironmental issue, Romanian legislation specifies that Studies for Environmental Impact will be made for all hydropower plants which will be constructed. The operator/user must have an environmental accord/agreement issued by local environment authority, according to Government Order no. 860/2002 regarding energy produced in hydropower facilities, Appendix I.2 point.3 letter h.

The concession procedure for public property goods is regulated by GEO 54/2006. Public property goods are defined in Romanian Constitution Art. 136; Civil Code Art. 858 and Art. 859.

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Implementation status of the RES-e This chapter was written by all contributing project partners (see last page of this report).

In national & local legislation at national level

RES-e transposition Country Legislation concerning RES-e at national level in national legislation Still in Progress, parts are finished as the 2. "Ökostromgesetz novel Austria 2008" and set in force by Federal Law Gazette I 104/2009 in October In progress 2009 -The Directive 2009/28/EG is to implement until 5 December 2010 into national law.

Decree of The Ministry for the Productive Activity 15.11.2005 – Adjournment of the directives for the incentivation of electrical energy produced by RES; L. 120 of 01.06.2002 : Ratification and execution of the protocol of Kyoto 1999-2005 at the Convection of the United Nations about climatic changes, Kyoto Italy l’11 -12-1997; D.lsvo n. 79/1999: Attuation of the directive 96/92/CE asserting common lows for the internal market og electric energy; D.lsvo n. 128/2005: Attuation of the directive 2003/30/CE : promotion of the us of biofuel and other fuel renewable; Decree of The Ministry for the Productive Activity 06.02.2006 – Incentivation of the production of electrical energy by photovoltaic systems; Law 3734/09 (OGJ Α' 8/28-1-09) supports hybrid solutions and solves HP production on the Greek islands. Law 2647/98 (OGJ Α' 237/22-10/98) refers to μicro HP production. TΥ.Α. SΕ 2708/17-12-87 ΥΒΕΤ (FΕΚ Β' 761) refers to the necessary documents which required for the foundation, installation and operation of a small Hydropower station. Presidential Decision 256/1989 (OGJ Α 121/11.5..89) describes all the necessary actions should be done for taking the permission for using water resources Law 1739/1987 (OGJ Α 201/20-11-1987) defines the meaning of water Greece 2006 resources and the measures that should be taken for protecting them. Also, it defines the basic projects that can be developed within appropriate environmental auspices and the correct usage of the water resources in the mainland . Ministerial Decision F16/5813/17.5.89 ΥΒΕΤ (FΕΚ Β 383/24-5-1989) defines the responsibilities of private order to obtain permission for carrying out project construction works which require WB uses in advance. . Ministerial Decision 12160/30.7.1999 ΥPΑΝ (FΕΚ Β 1552/03-08- 1999) describes the procedure of choosing the possible candidate companies, capable (by the word capeble we mean according to legislation) of constructing mini Hydropower stations. This law also

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describes which are the demands for the construction of the Hydropower (technical demands) stations . Law 2503/97,the Law Ν. 1558/85 (FΕΚ 381/Α/26.7.1985) and the Presidential Decision P.D. 27/1996 (FΕΚ 19/Α/1-2-1996) refer to all the public services that may get involved during the procedure of getting to the final permission for SHP construction. . Ministerial Decision 104247/ΕΥPΕ/ΥPΕΧODΕ/2006 according with the article 4 of the Law N.1650/1986 (substitutes ΚΥΑ 1726/2003 (FΕΚ Β552/2003) refers to the documents that accompany Environmental Impact Assessments that have to be submitted to public services, a procedure which determines whether a project will be disqualified. It refers to RES-e is in accordance with article 2 of the Law 3010/2002. . Law 3468/2006 simplified the licensing procedures and set the duration of power purchase agreements for RES-e to 20 years. National Development Law 3299/2004 sets subsidies that vary from 40- 55% according to region and the type of the enterprise (in case of SMEs and specific regions they can reach up to 55%.

. Law LPO160/2007 on “Renewable Energy” defines renewable energies (Art.3), sets up the goal of harmonizing national legislation to the EU standards (Art.5,c), sets up the policies for promotion of renewable energies (Art 5,e), sets up the objectives of increasing the renewable energy share at national level of 6% in 2010 and of 20% up to 2020 (Art.6) . Law LPO137/1998 on the promotion of renewable energy sources . Law LPO1136/2000 regarding energetic efficiency and energy Moldova conservation stipulates the inclusion of renewable sources in the In progress energetic balance of Republic of Moldova. . Government Decision 958 regarding “Energetic Strategy of Republic of Moldova up to 2020” stipulates that the main objectives and priorities in energy sector are the increase of energy efficiency and promotion of consequent policies for energy conservation including the usage of renewable energy resources. . Strategy for national security of Republic of Moldova for 2009-2013 includes the provisions for promotion of energy efficiency and use of renewable energy resources. . GD 1892/2004 repealed by GD 1479/2009 Decision for establishing of the promotional system for producing energy from renewable sources . GD 1069/2007 regarding the approval of the National Energy Strategy for 2007-2020 Romania 2009 . Law 220/2008 to set the promotional system for production of energy from renewable energy sources . GO 22/2008 Order regarding energetic efficiency and promotion renewable resources to final users . The Electricity Law 13/2007 - general provisions about energy produced by HP in Art. 65 the criteria to promote electricity produced

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from renewable energy sources and Art.66 (2) the renewable energy sources and the support schemes are set through Government decision, upon the proposal of the competent ministry.

National legislation concerning RES-e and the year of transposition:

Slovenia 2010 . Energy Act (Amended in 2010) . Decree on Support for Electricity Generated from Renewable Energy Sources (2009)

Tab. 13: Implementation status of the RES-e in national & local legislation in the PP countries

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RES and RES-e targets and actual status

Austria This chapter was written by the Graz University of Technology – Institute of Hydraulic Engineering and Water Resources Management. The author is G. Harb.

Background: For Austria the share of electricity from hydropower, biomass, wind and solar energy in total energy consumptio n from 70 pe rcent to be further increased.

A sustainable energy which minimizes environmental impact and saves resources is, next to the security of supply and competitiveness, the central goal of European energy policy. The dominant environmental impact caused by the generation and use of energy is the emission of greenhouse gases. For their reduction, nationally and internationally binding targets were set.

Thus Austria, in 2002 ra tified the Kyoto Protocol, whose objective it intends to achieve with the help of the Austrian climate strategy. The focus of ecological strategy to increase the share of renewable energy sources for electricity production and subsidies for biomass district heating.

What counts as renewable energy sources?

. Hydropower . Solar Energy . Wind energy . Energy from biomass

What currently is the use of renewable energy sources in Austria?

In the period 2002-2005 were registered in the renewable energy sources, an increase from 298.7 PJ to 307.5 PJ, which is an increase of 1.6 percent. The share of renewable energy in gross inland consumption in 2002 was thus 21.7 percent and 20.0 percent in 2005. This is because the total energy consumption increased significantly.

The share of renewable energy sources to the country's total electricity production is around two thirds. This proportion is leading EU.

According to the background document of the European Commission's' Energy Package 2007 "(EC 2007), Austria was in 2004, the share of renewable energy in overall energy consumption of the respective member state behind Latvia (36 percent), Sweden (26 percent) and Finland (24 percent) with a share of about 21 percent of fourth Place.

Thus, Austria has contributed in 2004 to 5.9 percent to Europe's energy from renewable energy sources. Austria has increased in line with the EU Directive "renewable electricity" to the target set for 2010, the share of electricity from hydropower, biomass, wind and solar power in total electricity consumption from the present 70 percent to 78 percent. In addition, the use of biomass (solid, liquid and gas) increased by 75 percent by 2010.

The law contained in the green energy targets for 2008 "new" renewable energy sources by at least four percent (wind, biomass, photovoltaic, geothermal energy) and small hydro from less than 9 percent will have a substantial improvement of market position and thus, the successive expansion of clean energy.

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Electricity generation from hydropower depends strongly on the water supply. By the construction of pumped-storage is increasingly base load power (including from imports) converted to peak current.

According to the DIRECTIVE 2009/28/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC the implementation into national law is still not finished. Parts are finished as the second. "Ökostromgesetz” amendment 2008 and set in force by Federal Law Gazette I 104/2009. The outstanding parts of Directive 2009/28/EC should be implemented until 5 December 2010 into national law.

Actual RES-e share at national Actual RES share at national RES-e RES Country level level targets targets (electric energy consumption) (final energy consumption) 1997: 67.5% 1999: 23.6% 2000: 72.4% 2000: 23.6% 2001: 67.8% 2001: 23.0% 2002: 66.0% 2002: 23.1% 2003: 53.5% 2003: 20.7% Austria 78,1% 2004: 58.7% 34% 2004: 22.0% 2005: 58.4% 2005: 23,3% 2006: 56.5% 2006: 24.8% 2007: 60.5% 2007: 26.6% 2008: 60.0% 2008: 28.5% 2009: xx,x% Tab. 14: RES and RES-e targets and actual share in Austria (Eurostat, 2010 und BMLFUW, 2009) Comments

The electric power system in Austria is dominated by renewable energy while final energy consumption is dominated by imported oil and gas. Austria’s significant hydropower potential has resulted in it having the highest shar e of renewa ble electricity production in the EU. The power sector has long been dominated by hydro, which accounted f or 60% of power production in 2006. Other sour ces have been increasing rapidly in recent years, however: electricity from biomass doubled during 2001-2006, while wind increased by a factor of 10. Coal consumption has been roughly stable, but there has been a switch from lignite to hard coal, taking advantage of the expanded international trade in hard coal in recent years. As with many EU Member States, natural gas consumption has increased significantly; in absolute terms it has increased by 43% since 1991. Nuclear power is not allowed in Austria, stemming from a law passed in 1978 (Eurostat, 2009).

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Figure 3 – Gross electricity generation by source (TWh) in Austria (Eurostat, 2009)

In addition to being the EU leader on renewable energy in the power sector, Austria is also the second largest market for solar thermal energy, in per capita terms, after Cyprus, and just ahead of Greece. The solar thermal market in Austria has seen the fastest rate of growth during the past five years among all EU Member States (Eurostat, 2009).

Italy This chapter was written by the Province of Belluno. The author is V. Bortoluzzi.

Actual RES-e share at national Actual RES share at national RES-e RES Country level level targets targets (electric energy consumption) (final energy consumption)

1997: 7,99% 1997: 6,59% 2000: 8,38% 2000: 6,94% 2001: 8,87% 2001: 7,42% 2002: 8,14% 2002: 6,70% 2003: 7,73% 2003: 6,69% 2004: 8,20% 2004: 7,58% 2005: 7,91% 2005: 6,83% Italy 2006: 8,37% 2006: 7,24% 2007: 8,17% 2007: 7,36% 2008: 9,78% 2008: 8,89%

Rif. Official data of ENEA Rif. Official data of ENEA (Official Web site) (Official Web site) Ministry of Economic Development Ministry of Economic Development

Tab. 15: RES and RES-e targets and actual share in Italy Comments The electric power system actually gives the principal contribution to the production of RES energy.

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Total gross % Tasformation Total final % E-Energy Consuption of Total consuption, ConsuptionEn in Electric consuption from Ren Energy from production of importation ergy from REN Energy – REN (Energy loss /Total REN fonts * Energy * included* fonts/total Fonts * included)* Consuption 1997 11,5 33,40 174,4 6,59% 10,2 127,7 7,99% 1998 11,6 33,00 179,4 6,47% 10,3 131,2 7,85% 1999 12,9 32,30 182,7 7,06% 11,4 134,1 8,50% 2000 12,9 31,00 185,9 6,94% 11,3 134,8 8,38% 2001 14,0 30,60 188,8 7,42% 12,2 137,5 8,87% 2002 12,6 30,20 188,1 6,70% 11,1 136,3 8,14% 2003 13 29,90 194,4 6,69% 11,0 142,3 7,73% 2004 14,9 30,80 196,5 7,58% 11,9 145,1 8,20% 2005 13,5 29,40 197,8 6,83% 11,6 146,6 7,91% 2006 14,2 28,70 196,2 7,24% 12,2 145,7 8,37% 2007 14,3 28,00 194,2 7,36% 11,7 143,2 8,17% 2008 17 29,70 191,3 8,89% 13,8 141,1 9,78%

* (milions of tons equivalent of oil)

Tab. 16.: Rif. Official datas of ENEA (Official Web site) - Ministry of Enonomic Development

Figure 4 – (font. Www.enea.it) Production of Heat from REN fonts from 2000 to 2008

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Figure 5 – (font. Www.enea.it) Production of Ele ctric Energy fro m REN fonts from 1995 to 2008

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Greece This chapter was written by the Prefecture of Serres and Arta Province. The authors are L. Christoforidou, O. Katsaitis, T. Metaxatos.

The EU Directive 2001/77/EC on electricity from renewable energy sources (RES) set an indicative target for Greece with the aim to cover 20.1% of its total electricity demand from renewable (including large hydro), by the year 2010.

2000 2003 2006 2009

INTERCONNECTED SYSTEM AND INTERCONNECTED ISLANDS Thermal Power Plants Coal 4908 4933 4958 5288 HFO 777 771 858 858 Natural Gas 1100 1103 1693 1693 Total Thermal 6785 6807 7509 7839 Hydroelectric Plants small (1-10 MW) 24 31 35 38 large (>10 MW) 3039 3039 3039 3039 Total Hydroelectric 3063 3070 3074 3077 Other RES 137 199 217 308 TOTAL 9985 10077 10799 11224

Source: Public Power Corporation (PPC) http://www.ppc.gr

Tab. 17: Greece’s installed capacity (MW e ) The total installed electric capacity in Greece in 2003, amounted to 12,697 MWe, showing a steady increase of about 12% in comparison to the 2000 levels. With regard to the interconnected system (mainland Greece), a number of thermal power stations using domestic coal (lignite), heavy fuel oil (HFO) and natural gas, has a major share of 70% of the total installed capacity. Another 27% corresponds to large hydroelectric plants, while the remaining 3% is based on renewable energy sources (RES) installations, mostly wind parks, small hydro plants and biomass facilities (Figure 6).

Large RES Hydro 3% 27% Coal 47%

Natural HFO Gas 8% 15%

Figure 6: Greece’s installed power capacity per type of energy source – interconnected system (2009)

In the non-interconnected islands, 93% of their total installed capacity is referred to thermal stations using heavy and light fuel oil and the remaining 7% is based on renewable energy sources installations (Figure 7).

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RES 7% HFO & LFO 93%

Figure 7: Greece’s installed power capacity per type of energy source – non-interconnected islands (2009)

Figure 8: Electricity production from thermal power stations, hydroelectric plants and RES-installations in Greece (2009)

Wind

Biomass, Geothermal & PV

Installed Capacity Small Hydro Licensed Capacity

0 500 1000 1500 2000 2500 3000 3500

Capacity (MW) Figure 9: Lisences and installed capacity per type of RES (END OF 2009)

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Figure 10: RES installed capacity up to end of 2009 The substantial investors’ interest, especially for wind and hydro applications, is based on the availability of these renewable energy sources in selected regions of the Greek territory, the maturity of the relevant technologies as well as on the financial-support instruments established specifically for the promotion of renewables (subsidies, tax and other fiscal incentives, etc.). It should be noted that in the case of a non- interconnected island, wind energy penetration cannot exceed a 15% share of the total energy consumption of the island, due to technical restrictions directly related with impacts on the stability of the local grid.

1600

1400

1200

1000

80 0

60 0

40 0

20 0

0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 200 1 2002 200 3

Wind Energy Hydro Biomass P/V Solar Biogas Geot herm al

Figure 11: Primary energy production from Renewable Energy Sources in Greece (in ktoe), 1990-2009

Comments The electric power system in Greece is still dominated by the usage of non-renewable energy sources. There is also an amount of electric energy for consumption that it is imported. Last year there is a huge effort to increase the produced electric energy from RES. The national goal concerning the produced electric energy in Greece is to get up to 40% of the total energy consumption by the year 2020.

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Moldova This chapter was written by the Technical University of Moldova. The author is V. Dulgheru.

Actual RES-e share at national Actual RES share at national RES-e RES Country level level targets targets (electric energy consumption) (final energy consumption)

1997: 1,0% 1997: xx,x% 2000: 3,17% 2000: 6,1% 2001: 9,7% 2001: 7,0% 2002: 11,1% 2002: 7,01% 20,0% 2003: 3,6% 2003: 6,2% Moldova 20,0% 2004: 1,7% 2004: 6,4% 2005: 2,7% 2005: 6,2% 2006: 2,5% 2006: 6,9% 2007: 1,1% 2007: 7,1% 2008: xx,x% 2008: xx,x% 2009: xx,x% 2009: xx,x%

Tab. 18: RES and RES-e targets and actual share in Moldova

Comments

The electric power syste m in Moldova is dominated by traditional ener gy while final energy consumption is dominated by imported oil and gas. The RES-e is dominated by hydro, which accounted for 100% of renewable electric energy production in all years. Natural gas consumption has increased significantly; in absolute terms it has increased by 25% since 2000 (Statistical Yearbook of Moldova). Nuclear power is not allowed in Moldova. Actual RES include also energy from biomass, heating solar, wind.

Right now the government of Republic of Moldova is working on a draft Law on Energy Efficiency and envisages setting up the Agency for Energy Efficiency.

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Romania This chapter was written by the University “Politechnical” of Bukarest and the National Water Administration “APELE ROMANE”. The authors are R. Magureanu, A. Galie.

Actual RES-e share at Actual RES share at [1] national level [1] national level Country RES-e targets, RES targets, (electric energy (final energy consumption), [2], [3] consumption), [2]

1997: not available 2000: not available 2001: not available 2002: not available 2003: not available 2004: 29.86% 33% in 2010 2005: 35.92% 1997: not available 19.04% in 2010 35% in 2015 2006: 31.47% [2] 2000: not available 20.59% in 2015, 38% in 2020 2007: 29.96% 2001: not available

2008: 28.71% [2] 2002: not available National target from electric [1] 2003: not available Romania 24% in 2020, energy 2004: 16.01%

consumption Normalized values [3]: 2005: 18.20% from final energy 1997: not available 2006: 17.01% consumption 2000: not available 2007: 17.59%

2001: not available 2008: 19.08%

2002: not available 2003: not available 2004: 28.9% 2005: 28.6% 2006: 27.9% 2007: 28.0% 2008: 28.3%

Tab. 19: RES and RES-e targets and actual share in Romania

References

[1] According with the law 220/2008, repealed by GO 29/2010, in force. [2] - http://leg- armonizata.minind.ro/leg_armonizata/energie/Doc_preliminar_aferent_doc_previzional_conform_art_4_3_%20Dir_2009_ 28_CE.pdf. Source: EUROSTAT for 2004-2007, INS (Romanian National Institute for statistics) for 2008. [3] NREAP for Romania, http://www.minind.ro/pnaer/PNAER_29%20iunie_2010_final_Alx.pdf.

Comments

- According with the Directive 2009/28/EC, the only official value for the RES-e share at national level – electric energy consumption is the one determined with normalized values for hydro and wind energy.

- Calculations were made according with the Directive 2009/28/EC and with the Decision 2009/548/EC.

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- It was determined the electric energy from RES produced by direct conversion from hydro and wind and also the electric energy from RES produced by thermodynamic cycle (the biomass).

- For the calculation of normalized values for hydro and wind energy is necessary to take into account the effective production of electric energy for the last 14 years. For Romania we have data only stating with year 1991, so the normalized values has been determined only starting with 2004.

Nuclear Wind

20.4% 0.4%

26.9% 52.3%

Hydro Thermal

Figure 12 – Structure of electric power produced in Romania

Romania has adopted the mandatory quota system combined with the trade system with minimum and maximum price limits legally set up for the green certificates (GC). For covering the entire generation costs and for obtaining a “reasonable profit”, the producer receives a green certificate for each MWh of electricity supplied in the electricity network. The daily price is set up one day ahead within the limits legally set-up .This green certificate may be traded with the price of the day.

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Slovenia This chapter was written by the Ministry of Environment and Spatial Planning and the University of Ljubljana, Faculty of Civil and Geodetic Engineering. The author is N. Colnarič and S. Šantl.

Actual RES-e share at Actual RES share at national RES-e national level RES Country level targets (electric energy targets (final energy consumption) consumption)

1997: 26,9 % 2000: 12,0 % 1998: 29,2 % 2001: 11,5 % 1999: 31,6 % 2002: 10,4 % 2000: 31,7 % 2003: 10,3 % 33,6 % 2001: 30,4 % 2004: 11,5 % 25 % Slovenia in 2010 2002: 25,4 % 2005: 10,6 % in 2020 2003: 22,0 % 2006: 10,5 %

2004: 29,1 % 2007: 10,0 % 2005: 24,2 % 2008: 10,9 % 2006: 24,4 % 2007: 22,1 % 2008: 29,1 %

Tab. 20: RES and RES-e targets and actual share in Slovenia

Figure 13: Gross electricity generation by source (GWh) in Slovenia (SI-Stat, Jožef Stefan Institute, Eurostat; 2009)

Comments

Due to more precipitation, higher average water discharges and start of biomass burning in big thermo energetic facilities, electricity production from RES was significantly higher in 2008 than in previous year. Despite that fact Slovenia in 2008 was behind of planned objective for 2010 for about 4,5 %.

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RES share in final energy consumption is decreasing, what is a result of increase of total energy consumption. To reach objectives up to 2020 a share of RES has to be annually increased for 0,9 of percentage point.

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Actions and main focus according to RES-e Directive This chapter was written by all contributing project partners (see last page of this report).

In national & local legislation at national level

Actions and national main focus concerning hydropower according to RES-e Country Directive Remaining validity of Directive 2001/77/EC: Repeal of Article 2 (Definitions), Article 3, paragraph 2 (reports), Art) 4 (support systems, and Articles 5 to 8 (origin of electricity / administrative / Power / Summary Commission's report) with 1.4. 2010; the rest until 1.1. 2012th Directive 2009/28/EG, although only by 5 December 2010 to implement into national law; except in the perspective of hectares already being quite relevant provisions for the Commission's Action Plan to be submitted (no later than 30. 6. 2010) Already, there Austria are since the last amendment to the Green Electricity Act (the "2nd Ökostromgesetz novel 2008"), set in force by Federal Law Gazette I 104/2009 in October 2009)

Comments/Problems: Implementation in progress

Italy no information

. Law 3468/2006 includes part of the Directive 2001/77/EC and it is an important step in order to advance RES in Greece. . Another action that took place is Law 3299/04 which motivates and offers financial help (a percentage of the investment is financed by the Greek government) to companies who wants to invest in RES. . There is also Law 3426/2005 (According to Directive2003/54/EC) which provides an investment subsidy framework for RES.

Greece

Comments/Problems . In Greece the last years there has been a huge effort in investing in RES. Despite of this effort, there have been noticed problems for investors and of course for the accomplishment of the projects. The main problem is the bureaucracy and the existence of many laws that refers to the same topic. It has been noticed that it takes more than one year and a half to accomplish taking the finally permission referring to the project of RES that each investor is interested in. By this way, most of the investors see with another aspect of view, the idea of investing in RES, because they do not want to spent money and loose time. If Greek government succeed in finding a solution in the problem of bureaucracy, many of the problems which involve RES will have a happy end.

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. National Energy Strategy for a long terms, align on the energetic objectives of EU 2007-2020 takes in consideration a promotion of energy produced of renewable resources (photovoltaic, wind, small hydro...). . The targets for using RES-e in a weight of 20% in 2020 from internal gross consumption of electric energy were established through Law Nr. 160 about Renewable Energy . Accession of Ukraine and Moldova to the Energy Community Treaty (adoption in May,2010) . Memorandum for reduction of greenhouse gases emissions, Romania&Republic of Moldova Moldova (April, 2010) Comments/Problems: Republic of Moldova must implement the provisions of the National Energy Strategy regarding promotion of RES-e until 2020.

A further legal harmonization with the EU in the areas of environmental management, preservation and use of water resources, and renewable energies should continue. Promulgation of the Water Law and Government Regulations concerning the issuance of the rights of water use and water certificates will allow the setting up of clear procedures for obtaining the permission for hydropower implementation in Moldova. Also, the legislation and regulations regarding the promotion of renewable energy resources shall include the procedures for purchase obligations for renewable energies. . Romania transposed the tasks of 2001/77/CE in national legislation through GD 443/2003 and later improved by GD 958/2005 and established as indicative target a weight of 33% from internal gross consumption of electric energy in 2012 to be RES-e. The targets for using RES-e in a weight of 35% in 2015 and 38% in 2020 from internal gross consumption of electric energy were established through GD 1069/2007 regarding the approval of the National Energy Strategy for 2007-2020. . Romania has adopted the mandatory quota system combined with the trade system with minimum and maximum price limits legally set up for the green certificates. . National Energy Strategy for 2007-2020 takes in consideration a sustainable development of the energetic field: increasing energetic efficiency, promotion of energy produced of renewable resources, encouraging the activities of research – Romania development and dissemination of the researches applicable results.

Comments/Problems: The present law (Electricity Law 13/2007) transposes the provisions of the Art. 2 items 3 - 12, 14, 15, 21, 23, Art. 6 par. 3, item 7, par. 1 and 2, it.7, par 5 Thesis I and Art.23 par. 1 from The Directive 2003/54/EC concerning common rules for the internal market in electricity and repealing the Directive 96/92/EC published in the Official Journal of the European Union No. L 176/37 of July 15, 2003 and the provisions of Articles 4 par. 3 of the Directive 2004/8/EC on the promotion of co-generation based on a useful heat demand in the internal energy market published in the No. L 50/52 of February 20, 2004. Romania must implement the provisions of the Directive 2009/28/EC regarding promotion of RES-e until 2020. The new Directive is repealing the Directive 2001/77/CE already transposed in national legislation.

Slovenia Methodologies and programmes adoption:

. Operational Programme for reduction of greenhouse gases emissions (2003) . Methodology for Determining Reference Costs of Electricity Generated from Renewable Resources (2009) - 50 -

. National Energy Programme (NEP) (adoption end 2010) . National Action Plan for Energy Efficiency (2008 – 2016) . National Action Plan for use of RES which include RES and in more detail plans hydropower (increasing of HE energy production efficiency through efficiency increasing of existing HP (also SHP) and defining new locations for HP electricity production (it is planned to be adopted at the end of 2010 or at beginning of the 2011) . River Basin Management Plans for Danube and Adriatic Sea (current phase: comments acquiring in the phase of public participation for the prepared proposal of RBMPs) . Decree on Supports for Electricity Generated from Renewable Energy Sources (2009)

Comments/Problems: Problem may occur if National Action Plan will not properly harmonize planned new HP potential with other environmental objectives (WFD, Nature Preservation) or will not predict the procedure how to harmonize those opposite interests at different decision levels (EU Commission, National, Local). Other problem may occur in the field of harmonization due to the fact that RES are under the competency of the Ministry of Economy Environment objectives (nature preservation, water management and environment protection) are under competency of Ministry for Environment and Spatial Planning. Government is trying to overcome this obstacle with establishment of Service for Climate Change (end of 2009) which will coordinate intersectoral activities and harmonization also in the area of RES use.

Tab. 21: Actions and main focus according to RES-e Directive in the PP countries

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Additional question: Suggestions for a better and sustainable surface water resources management in each country?

Austria This chapter was written by the Government of Styria - Department for Water Resources Management. The authors are A. Rechberger and U. Lesky.

With the 30th of March 2010 the National Water Management Plan (NGP) as part of the national water act has been set in force. So the implementation of the EU Water Framework Directive (WFD) in Austria is the actual phase of national accomplishment. The NGP combined with additional directives based on the national water act sets a clear timetable from now to 2027 to reach the objectives. Nevertheless additional provisions from EU side are needed to meet all objectives of the WFD especially for hydropower. The use of river stretches for hydropower as a renewable energy causes conflicts with other directives such as Flora Fauna Habitat Directive, Wild Birds Directive driven by the interests of the Renewable Energy Directive. Clear scientific criteria and legal bases are needed to find a balance between the multiple interests around such an installation. Especially for elder installations more knowledge is needed to define good ecological potential for improving environmental conditions.

Italy This chapter was written by the Province of Belluno. The author is V. Bortoluzzi.

Actually we have a big percentage of the water, in particular in the north used for the production of Energy, in particular with the big dams build about sixty years ago. Some of this water is used for the agriculture, and goes directly from the mountains to the plaint. A good idea can be to renew the irrigation system, and try to use less water for agriculture.

Slovenia This chapter was written by the Ministry of Environment and Spatial Planning and the University of Ljubljana, Faculty of Civil and Geodetic Engineering. The author is N. Colnarič and Sašo Šantl.

Common platform for evaluation and harmonization of all environmental objectives. Efficient remote operation, monitoring and supervision of HP. Efficient enterprise model to connect more riparian’s (land owners next to water courses, existing water right holders,...) into one enterprise (or joint venture). This will ensure exploitation of wider river reaches under common HP design and will reduce electricity infrastructure and maintenance costs.

Moldova This chapter was written by the Technical University of Moldova. The author is V. Dulgheru.

A further legal harmonization with the EU in the areas of environmental management, preservation and use of water resources, and renewable energies should continue.

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Promulgation of the Water Law and Government Regulations concerning the issuance of the rights of water use and water certificates will allow the setting up of clear procedures for obtaining the permission for hydropower implementation in Moldova. Also, the legislation and regulations regarding the promotion of renewable energy resources shall include the procedures for purchase obligations for renewable energies.

Greece This chapter was written by the Prefecture of Serres and Arta Province. The authors are L. Christoforidou, O. Katsaitis, T. Metaxatos.

On the basis of the Greek legislative framework presented above, more actions are necessary in order to assist and improve sustainability in managing surface water resources and quality and quantity on a life-long basis. Therefore, it is necessary to design and implement the proper protection –mainly precautionary– measures for water resources management in a systemic manner. More importantly, the hydrogeological and hydrological conditions of the catchment areas of water resources and relevant protection zones have to be clearly defined and to measured continuously in Greece. Appropriate data bases have to be formed, especially in cases of transboundary water resources.

Romania This chapter was written by the University “Politechnical” of Bukarest and the National Water Administration “APELE ROMANE”. The authors are R. Magureanu, A. Galie.

In order to implement the EU directive objectives and particularly an integrated water management at the basin level, a very good communication with all the local and national administrative and environmental authorities had to be accomplished. The reform for decentralization of the central administrative authority is continuously improving and the local authorities are still organizing the new fields of competencies and the cadastral database. It is accepted by all parties involved in water domain, that a sustainable qualitative and quantitative water management, has to include on one hand draught and flood management and on another hand, conservation of the aquatic ecosystem biodiversity. This goal can be accomplished by means of Guiding Schemes for Water Resources Planning and Management. Guiding Schemes for Water Resources Planning and Management are a common strategic document for all decision makers in water management which harmonize communication between competent authorities.

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Conclusion The conclusions were drawn by the Graz University of Technology – Institute of Hydraulic Engineering and Water Resources Management. The author is G. Harb.

The implementation of the WFD and RES-e Directive with their evidently divergent objectives is a major task for all stakeholders. The review of the national legislation and the status of water resources management in the Southeast European countries showed that some countries have already defined their targets; others still have backlogs. The national legislation and the permission process of hydropower plants are still divergent. The modification of the permission process, especially the conditions for the Environmental Impact Assessment, has not been finished in most of the Southeast European countries. Due to this fact, it is very difficult for investors to get permissions for new hydropower plants.

State of national legislation regarding the permission process for new hydropower plants

An EU Directive gains legality when it is ratified by the national legislation. The Water Framework Directive was transposed in time by all new member states including Bulgaria and Romania. In contrast, most of the former EU 15 member states did not transpose the directive in the required time, among these Belgium, Finland, France, Germany, Italy, Luxemburg, the Netherlands, Portugal, Sweden and the United Kingdom (Commission of the European Communities, 2007).

Although the Water Framework Directive has been implemented in the study area, the national legislations of the different countries are still divergent. A significant value is the duration of the permission process for hydropower plants. E.g., for hydropower plants bigger than 10 MW a variation from theoretical 6 months in Italy up to 60 months in Romania can be observed. For small hydro power plants less than 10 MW the duration of the permission process ranges from 6 months in Austria and Italy to 18 months in Romania. The implementation of the WFD and the RES-e Directive causes amendments and substitutions of laws concerning the permission of hydropower plants. In practice, the permission process often differs largely from the original schedule. This leads to a discouragement of potential investors and hinders investments in RES-e projects (Harb et al, 2010).

The most important but also the most time consuming part in the permission process for new hydropower plants is the Environmental Impact Assessment (EIA). There is a wide range of necessary studies and documents for the Environmental Impact Assessment. They vary largely depending on the country, the capacity of the hydropower plant, the size of the reservoir and the ecological status of the affected river section.

Frequent problems in the permission process for hydropower plants

The divergent objectives of the Water Framework Directive and the RES-e Directive require accurate coordination of the National Action Plans. So the objectives determined in the National Action Plans according to the RES-e Directive have to be harmonized with the environmental objectives defined in the National Action Plans according to the WFD and nature preservation. The coordination of opposite interests mentioned above is not only difficult on a national level, but also on a local, regional and international level. In most countries of the SEE Hydropower study area the WFD and the RES-e Directive are under the competency of different ministries. This causes the need of harmonizing different activities on an intersectional level.

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References

Legislation

Europe Directive (WFD) 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000L0060:EN:NOTDIRECTIVE 2009/28/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:140:0016:0062:en:PDF Directive 85/337/EEC, Environmental Impact Assessment http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31985L0337:en:NOT Directive 2001/42/EC Strategic Environmental Assessment http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0042:EN:NOT Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds http://eurlex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_do c=Directive&an_doc=1979&nu_doc=409 Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31992L0043:EN:NOT

Austria Nationaler Gewässerbewirtschaftungsplan 2009 – NGP 2009 (BMLFUW-UW.4.1.2/0011-I/4/2010) http://wisa.lebensministerium.at/article/archive/29368

Qualitätszielverordnung Ökologie Oberflächengewässer http://recht.lebensministerium.at/article/articleview/82116/1/6588 Qualitätszielverordnung Chemie Oberflächengewässer http://recht.lebensministerium.at/article/articleview/48246/1/5628 Qualitätszielverordnung Chemie Grundwasser http://recht.lebensministerium.at/article/articleview/82114/1/6588 2. Ökostromgesetznovelle 2008 vom 8. August 2008 http://www.oem-ag.at/static/cms/sites/oem-ag.at/media/downloads/law/Oekostromnovelle_II_2008.pdf Umweltverträglichkeitsprüfungsgesetz 2000, Fassung vom 16.11.2010 http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10010767 Wasserrechtsgesetz 1959 http://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Bundesnormen&Dokumentnummer=NOR11010509 Steiermärkisches Naturschutzgesetz 1976 http://www.verwaltung.steiermark.at/cms/beitrag/10067646/2407987

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Romania Civil Code adopted by Law 287/2009 published in Official Gazette no. 511/24.07.2009; http://www.cdep.ro/pls/legis/legis_pck.frame Constitution of Romania republished in Official Gazette no. 767/31.10.2003; http://www.cdep.ro/pls/legis/legis_pck.frame GD 1069/2007 regarding the approval of the National Energy Strategy for 2007-2020 published in Official Gazette no. 781/19.11.2007; http://www.cdep.ro/pls/legis/legis_pck.frame GD 1479/2009 Decision for establishing of the promotional system for producing energy from renewable sources published in Official Gazette no. 843/07.12.2009; http://www.cdep.ro/pls/legis/legis_pck.frame GD 1892/2004 published in Official Gazette no. 1056/15.11.2004 repealed GD 1479/2009; http://www.cdep.ro/pls/legis/legis_pck.frame GD 57/2007 regarding the regime of protected natural areas preserving natural habitats, wild flora and fauna, published in Official Gazette no. 442/29.06.2007; http://www.cdep.ro/pls/legis/legis_pck.frame GD 930/2005 for approving special rules regarding nature and size of sanitary protection zones and geological published in Official Gazette no. 800/02.09.2005; http://www.cdep.ro/pls/legis/legis_pck.frame GEO 12/2007 amending and supplementing certain laws transposing EU acquits in the field of environmental protection adopted by Law 161/2007 published in Official Gazette no. 153/02.03.2007; http://www.cdep.ro/pls/legis/legis_pck.frame GEO 54/2006 regarding the legal system of concession agreements of the goods under public property, with further modifications published in Official Gazette no. 569/30.06.2006; http://www.cdep.ro/pls/legis/legis_pck.frame GEO no. 244/2000 regarding the security of dams, published in Official Gazette no. 633/06.12.2000, approved and modified by means of Law no. 466/2001 published in Official Gazette no. 428/31.07.2001 and GEO no. 244/2000 with further modifications republished in Official Gazette no. 96/04.02.2002; http://www.cdep.ro/pls/legis/legis_pck.frame GEO no.138/2005, regarding the exploitation for the safety of small sized dams with reservoirs of local interest, fishing and recreation, with further modifications, published in Official Gazette no. 916/13.10.2005; http://www.cdep.ro/pls/legis/legis_pck.frame GO 22/2008 Order regarding energetic efficiency and promotion renewable resources to final users published in Official Gazette no. 628/29.08.2008; http://www.cdep.ro/pls/legis/legis_pck.frame GO 860/2002 regarding approval of the Procedure of Environmental Impact Assessment and issuing the environment agreement/accord published in Official Gazette no. 985/07.11.2005; http://www.cdep.ro/pls/legis/legis_pck.frame Law 220/2008 to set the promotional system for production of energy from renewable energy sources published in Official Gazette no. 743/03.11.2008; http://www.cdep.ro/pls/legis/legis_pck.frame MO 105/2003 regarding the approval of the Instructions for organization and function of the commissions for documents certifications of the assessment for the safety operation of the dams NTLH-040 and the approval of nominal members of the central and local certification commissions, published in Official Gazette no. 346/21.05.2003; http://www.cdep.ro/pls/legis/legis_pck.frame MO 1215/2008 for approving the technical norms for hydro-technical works NTLH–001 Criteria and principles for the assessment and selection of the technical solution of design and building of the hydro-technical works for development/redevelopment of the rivers, in order to fulfill environmental objectives in the water field, published in Official Gazette no. 744/04.11.2008; http://www.cdep.ro/pls/legis/legis_pck.frame MO 1258/2006 approving the methodology and technical instructions for guiding the development schemes published in Official Gazette no. 17/10.01.2007; http://www.cdep.ro/pls/legis/legis_pck.frame MO 161/2006 for approving the Norms on surface water quality classification in order to establish the

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ecological status of water bodies, which replace GD 1146/2002 published in Official Gazette no. 511/13.06.2006; http://www.cdep.ro/pls/legis/legis_pck.frame MO 661/2006 regarding the approval of the Norms concerning the technical documentation in order to obtain the water management licenses and permits, which amends MO 277/1997 published in Official Gazette no. 658/31.07.2006; http://www.cdep.ro/pls/legis/legis_pck.frame MO 662/2006 the approval procedure and competencies for issuing water management authorizations published in Official Gazette no. 661/1.08.2006; http://www.cdep.ro/pls/legis/legis_pck.frame MO 719/2006 regarding the approval of the Procedure of certification of the operative qualified personnel for small reservoirs for fishing and entertainment uses or local interest, C and D category NTHL-025, according to the provisions of the GEO no. 138/2005, approved with amendments by Law no. 13/2006, published in Official Gazette no. 619/18.07.2006; http://www.cdep.ro/pls/legis/legis_pck.frame MO no. 114/2002 for approving the Regulation regarding the Organization and Certification of the Experts Core for Assessment of the Operational Safety State of the Dams of A and B categories – (Technical Normative for Hydro-technical Works) NTHL-014 and the Certification Procedure for the Assessment of the Operation Safety Status of the Dams from C and D Category- NTHL-015- Official Gazette. no. 427/19.06.2002; http://www.cdep.ro/pls/legis/legis_pck.frame MO no. 115/288/2002 for approving the Methodology regarding the setting up of the Categories of importance for the Dams - NTLH-021 - Official Gazette no. 427/19.06.2002; http://www.cdep.ro/pls/legis/legis_pck.frame MO no. 116/289/2002 for approving the Methodology regarding the Assessment of the Operational Safety State of the Dams and the Reservoirs - NTLH-022 and a Methodology regarding the Assessment of the Operational Safety State of the Dams and the Dikes (or breakwaters) which build industrial wastes stocks NTLH-023 - Official Gazette no. 427/ 19.06.2002; http://www.cdep.ro/pls/legis/legis_pck.frame MO no. 117/2002 for approving the Regulation regarding the Certification of the Management and Coordination Personnel for the Following-up Activity concerning the Dams Behavior in time - NTLH-031 – Official Gazette no. 427/19.06.2002; http://www.cdep.ro/pls/legis/legis_pck.frame MO no. 118/2002 for approving the Procedure for the Issuance of the Accord and the Authorization for Dams Safety Operation - NTHL- 032 - Official Gazette no. 427/19.06.2002; http://www.cdep.ro/pls/legis/legis_pck.frame MO no. 119/2002 for approving the Procedure for passing the dams for conservation after normal usage or relinquishment - NTHL - 033- Official Gazette no. 427/19.06.2002; http://www.cdep.ro/pls/legis/legis_pck.frame MO no. 120/2002 for approving the Operation Procedure and Competences for Safety Operation Control of the Dams - NTHL -034- Official Gazette no. 445/25.06.2002; http://www.cdep.ro/pls/legis/legis_pck.frame MO no. 121/2002 for approving the Content of the Dams Record File NTHL - 035 - Official Gazette no. 425/18.06.2002; http://www.cdep.ro/pls/legis/legis_pck.frame MO no. 147/2002 for approving the Procedure for Public declaration of the general characteristics, importance category and rate of risk associated to the dams - NTHL -036 – Official Gazette no. 4456/25.06.2002; http://www.cdep.ro/pls/legis/legis_pck.frame MO no. 496 of 29/04/2009 regarding the approval of the organization and functioning of National Commission for dam safety and other hydro-technical works; http://www.cdep.ro/pls/legis/legis_pck.frame MO no. 496 of 29/04/2009 regarding the approval of the organization and functioning of National Commission for dam safety and other hydro-technical works; http://www.mmediu.ro/departament_ape/baraje/consib.htm The Electricity Law 13/2007 published in Official Gazette no. 51/23.01.2007; http://www.mmediu.ro/departament_ape/baraje/consib.htm Water Law 107/1996 amended by Law 310/2004 and Law 112/2006 published in Official Gazette no. 413/12.05.2006; http://www.mmediu.ro/departament_ape/baraje/consib.htm

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Italy Directive of Italian Prime Minister of February 27, 2004 Operating advise for the management of national and regional alert system for hydro-geologic and hydraulic risk with the aim of civil protection. Document of Italian Prime Minister no. DSTN/2/22806 of December 13, 1995 Implementing and integrating dispositions in the field of dams policy. Document of Italian Prime Minister no. DSTN/2/7019 of March 19, 1996 Dispositions regarding the activity of civil protection in the river basins with dams. Legislative Decree of Italian Government no. 152 of April 03, 2006 Norms in the field of environmental policy. Legislative Decree of Italian Government no. 152 of May 11, 1999 Dispositions about water pollution safeguard and integration of the Directive 91/271/CEE about the wastewater treatment and of the Directive 91/676/CEE concerning water safeguard by pollution caused by nitrates from agricultural sources as modified and integrated by the Legislative Decree no. 258/00. Ministerial Decree no. 44 of March 24, 1982 Technical norms about planning and building of dams. Ministerial Decree of June 30, 2004 Criteria to perform the reservoirs management plan Ministerial Document no. 1125 of August 28, 1986 Alarm and alert system for dams. Ministerial Document no. 352 of December 04, 1987 Prescription regarding the application of Presidential Decree no. 1363 of November 01, 1959 Presidential Decree no. 1363 of November 01, 1959 Approval of the regulations about planning, building and exercise of dams.

Moldova LPM 160/2007 “Renewable Energy” http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=324901 GD Nr. 958 “Moldova’s energy strategy until 2020”. LPM 1136/2000. “Energy Conservation” http://www.law-moldova.com/laws/rom/energosberezhenii-ro.txt LPM1532/1993 Water Code with amendments http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=311611

Plan EU - Moldova Action http://www.delmda.ec.europa.eu/ LPM1515/1993 “Law on Environmental Protection” with amendments http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=311604

Water Cadastre (1994). http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=296580 LPM851/1996 “Law on Ecological Expertise and Environmental Impact Assessment” with amendments http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=311519 The draft Water Law (2008) http://www.justice.gov.md/upload/Baza%20de%20date/Materiale/Acte/BD%20pr%20pr%20din%20PNA%202 0027/BD%20pr%20pr%20din%20PNA%2020027/PL%20apele/Proiectul%20Legii%20privind%20apele%20r om.pdf

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National Energy Strategy for a long terms, align on the energetic objectives of EU http://ieasm.webart.md/data/m71_2_35.doc#_Toc147210086

Slovenia Water Act (slo. Zakon o vodah - ZV-1), OG RS no. 67/2002, Amendment 57/2008

The Environment Protection Act (slo. Zakon o varstvu okolja), AmendmentOG RS no. 41/2004

Nature Conservation Act (slo. Zakon o ohranjanju narave – ZON), Amendment OG RS no. 41/2004

Public Administration Act (slo. Zakon o državni upravi), Amendment OG RS no. 36/2004

Law on ratification of the Convention on cooperation for the protection and sustainable use of the river Danube (slo. Zakon o ratifikaciji Konvencije o sodelovanju pri varstvu in trajnostni uporabi reke Donave) OG RS 12/98

Act Ratifying the Convention for the Protection of the Mediterranean Sea Against Pollution, the Protocol for the Prevention of Pollution of the Mediterranean Sea by Dumping from Ships and Aircraft, and the Protocol concerning Cooperation in Combating Pollution of the Mediterranean Sea by Oil and Other Harmful Substances in Cases of Emergency (slo. Zakon o ratifikaciji konvencije o varstvu Sredozemskega morja pred onesnaženjem, protokola o preprečevanju onesnaženja Sredozemskega morja zaradi potapljanja odpadkov in drugih materialov z ladij in letal ter protokola o sodelovanju v boju zoper onesnaženje Sredozemskega morja z nafto in drugimi škodljivimi snovmi v primeru nezgode), OG RS 12/1997

Decree on the chemical status of surface waters (slo. Uredba o kemijskem stanju površinskih voda), OG RS no. 11/2002

Decree on the quality of underground water (slo. Uredba o kakovosti podzemnih voda), OG RS no. 11/2002

Decree on the emission of substances and heat in the discharge of waste water from pollution sources (slo. Uredbo o emisiji snovi in toplote pri odvajanju odpadnih voda iz virov onesnaženja), OG RS no. 35/1996

Rules on the delimitation of river basins and sub-basins and of relevant river basin districts with class I waters (slo. Pravilnikom o določitvi meja povodij in porečij ter meja vodnih območij z vodami 1. reda, ki jima pripadajo), OG RS no. 82/2003

Rules on methods for determining water bodies of ground water (Pravilnik o metodologiji za določanje vodnih teles podzemnih voda), OG RS no. 65/2003

Rules on methods for determining water bodies of surface water (Pravilnik o metodologiji za določanje vodnih teles površinskih voda), OG RS no. 65/2003

Decree on the detailed content and method of drawing up a water management plan (slo. Uredba o podrobnejši vsebini in načinu priprave načrta upravljanja voda), OG RS no. 5/2006, 26/200

Decrees on the concession for the exploitation of certain river reach (slo. Uredbe o koncesiji za rabo vode na določenih odsekih vodotokov za proizvodnjo električne energije) – this regulations are adopted by the Government and are published in Official Gazettes of Republic of Sloveni

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Decree on criteria for determination and on the mode of monitoring and reporting of ecologically acceptable flow (slo. Uredba o kriterijih za določitev ter načinu spremljanja in poročanja ekološko sprejemljivega pretoka), OG RS 97/2009

Spatial Planning Act (slo. Zakon o prostorskem načrtovanju – ZPNačrt), OG RS no. 33/2007, 108/2009

Environment Protection Act (slo. Zakon o varstvu okolja), OG RS 41/2004

Decree on the categories of activities for which an environmental impact assessment is mandatory (slo. Uredba o vrstah posegov v okolje, za katere je treba izvesti presojo vplivov na okolje), OG RS 78/2006

Nature Conservation Act (slo. Zakon o ohranjanju narave – ZON), OG RS no. 56/1999

Energy Act (slo. Energetski zakon – EZ), OG RS no.79/1999, 22/2010

Resolution on the National Energy Programme (slo. Resolucija o Nacionalnem energetskem programu (ReNEP)), OG RS no. 57/2004

Decree on Supports for Electricity Generated from Renewable Energy Sources (slo. Uredba o podporah električni energiji, proizvedeni iz obnovljivih virov energije), OG RS no. 37/2009, 17/2010

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Veruska Bortoluzzi Province of Belluno e-mail [email protected] ITALY

Lilly Christoforidou, Ph.D Prefecture of Serres and Arta Province e-mail : [email protected] GREECE

Prof Dr. Odysseas Katsaitis Prefecture of Serres Province e-mail : [email protected] GREECE

Ing Takis Metaxatos Prefecture of Serres Province e-mail: [email protected] GREECE

Mag. Albert Rechberger Government of Styria - Department for Water Resources Management e-mail [email protected] AUSTRIA

DI Urs Lesky Government of Styria - Department for Water Resources Management e-mail [email protected] AUSTRIA

Prof. Valeriu Dulgheru Technical University of Moldova e-mail [email protected] MOLDAVA

Prof. Phd. Razvan Magureanu University “Politehnical” of Bucharest e-mail [email protected] ROMANIA www.seehydropower.eu Phd. Eng. Andreea Galie Project Contact National Water Administration “APELE ROMANE” Ing. Maximo Peviani e-mail [email protected] RSE SpA - Research on Energetic System ROMANIA [email protected] Telephone: +39 035 55771 (switchboard) Ms. Nevenka Colnarič Fax: +39 035 5577999 Ministry of Environment and Spatial Planning ITALY [email protected] SLOVENIA Authors Contact Sašo Šantl DI Gabriele Harb University of Ljubljana, Faculty of Civil and Graz University of Technology Geodetic Engineering [email protected] [email protected] AUSTRIA SLOVENIA

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