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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 (MW E ) ............................................................................................. - 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 CO 2 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.

- 14 -
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:

- 16 -
 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.

- 17 -
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.

- 18 -
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

- 19 -
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)

- 20 -
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;

- 21 -
 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- Average
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.

- 22 -
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

- 23 -
 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

- 24 -
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

- 25 -
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.

- 26 -
 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,
agencies 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

- 27 -
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.

- 28 -
Moldova
This chapter was written by the Technical University of Moldova. The author is V. Dulgheru.

Basic procedure 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

- 29 -
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 Water 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.

- 30 -
Romania
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.

- 31 -
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 environmental 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.

- 32 -
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

- 33 -
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

- 34 -
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

- 35 -
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
consumption from 70 percent 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 ratified 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.

- 36 -
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 share of renewable electricity production in the EU. The power sector has long been dominated by
hydro, which accounted for 60% of power production in 2006. Other sources 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).

- 37 -
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.

- 38 -
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

- 39 -
Figure 5 – (font. Www.enea.it) Production of Electric Energy from REN fonts from 1995 to 2008

- 40 -
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).

- 41 -
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)

- 42 -
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

800

600

400

200

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

Wind Ene rgy Hydro Biomass P/V Solar Biogas Geothermal

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.

- 43 -
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 2004: 1,7% 20,0% 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 system in Moldova is dominated by traditional energy 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.

- 44 -
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 2000: not available
35% in 2015 2006: 31.47%
20.59% in 2015, [2] 2001: not available
38% in 2020 2007: 29.96%
2008: 28.71%
[2] 2002: not available
National target 2003: not available
from electric
Romania 24% in 2020, [1] 2004: 16.01%
energy
consumption Normalized values [3]: 2005: 18.20%
from final energy 2006: 17.01%
1997: not available
consumption 2007: 17.59%
2000: not available
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.

- 45 -
- 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.

- 46 -
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 %.

- 47 -
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.

- 48 -
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.

- 49 -
 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

- 51 -
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.

- 52 -
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.

- 53 -
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.

- 54 -
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

- 55 -
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

- 56 -
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

- 57 -
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

- 58 -
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

Literature

Austria
BMLF (2005): EU-Water Framework Directive 2000/60/EG: Austrian report on the current situation of water
bodies and rivers. Vienna, BMLF, Austria
BMLFUW (2009): Erneuerbare Energie 2020 - Potenziale und Verwendung in Österreich; März 2009,
Vienna, BMLFUW, Austria
Eurostat (2010): Statistisches Amt der Europäischen Gemeinschaften, Luxemburg: Online Database,
http://appsso.eurostat.ec.europa.eu/nui/show.do?dataset=nrg_ind_333a&lang=de
Harb, G., G. Zenz1, E. Bäumel2, U. Lesky2, A. Rechberger2 (2010): Nachhaltiger Ausbau der Wasserkraft in
Südosteuropa - SEE Hydropower. Fachbeitrag zum 15. Wasserbausymposium “Wasserbau in
Bewegung...von der Statik zur Dynamik”, München 2010

Romania
Bostan, V. Dulgheru, I. Sobor, V. Bostan, A. Sochirean (2007) Renewable energy conversion systems. Ed.
„Tehnica-Info” SRL, Chişinău, 592p. ISBN 978-9975-63-076-4.
Bostan, V. Dulgheru, V. Bostan, R. Ciupercă (2009) Anthology of Inventions: renewable energy conversion
systems. Ed. „Bons Offices” SRL, Chişinău, 458p. ISBN 978-9975-80-284-0.
Eurostat (2009): Panorama of energy - Energy statistics to support EU policies and solutions. Luxembourg -
Office for Official Publications of the European Communities, 2009, Theme: Environment and energy,
Collection: Statistical books, ISBN 978-92-79-11151-8.
IEA (1999): Key World Energy Statistics. International Energy Agency, Paris, France.
Parry, M. (1998): The Europe ACACIA project: Assessment of potential effects and adaptations for climate
change in Europe. Jackson Environment Institute, Norwich, UK.
Calles, E. O. and Greenberg, L. A. (2005): Evaluation of nature-like fish ways for re-establishing connectivity

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in fragmented salmonid populations in the River Eman. River Research and Applications 21, 951-960.
Pavlov, D. S., A. I. Lupandin and V. V. Kostin (2002): Downstream migration of fish through dams of
hydroelectric power plants. T. T. Albert and T. e. G. F. Cada. Oak Ridge, Tennesee, Oak Ridge National
Laboratory. ORNL/TR-02/02.
Peviani, M.A., Alterach, J., Danelli, A., Sosio, S. (2007): Analysis of the best practices for the flushing
operations of the Forni barrage. 32th IAHR Congress, Venice, Italy.
PREAŞCA I. (2009). New draft law on electricity in the implementation of action plan UE-Moldova
http://www.e-democracy.md/files/policy-briefs/policy-brief-4-preasca-ro.pdf
MATMM (Ministry of Environment) (2009): Le sfide ambientali - Documento di sintesi sullo stato
dell'ambiente in Italia (The environmental challenges - Synthesis of the environment status in Italy),
http://www.minambiente.it
L Berga, Editor (1998): Significance of predicted displacement limits in arch dam safety assessment – Vol 2 -
D. Stematiu, R. Sarghiuta, T. Bugnariu & A. Abdulamit, Technical University of Civil Engineering Bucharest;
http://books.google.ro/books?id=3JWS_gHcFt4C&pg=PA1050&lpg=PA1050&dq=Analisis+of+the+Paltinu+ar
ch+dam&source=bl&ots=p0w_JN7dAK&sig=djOBPFCST3SkD1pTl64kHHlfMaE&hl=ro&ei=7N9fS82fCJzYm
wPO79HZDA&sa=X&oi=book_result&ct=result&resnum=2&ved=0CA4Q6AEwAQ#v=onepage&q=&f=false
Stematiu, D., Constantinescu, Al. (1991): Back analysis of Paltinu arch dam. Dam Engineering vol.2 (2009):
River Basin Management Plan, Syntheses,
http://www.rowater.ro/SCAR/Planul%20de%20management.aspx
Todos P., I. Sobor, D. Ungureanu, A. Chiciuc, M. Pleşca (2002) „ Renewable energy. Feasibility Study”,
Chişinău.
(2009): Romanian Energy Regulatory Authority guidelines for the producer of electricity from renewable
energy sources; www.anre.ro

Slovenia
National report on WFD implementation 2005;
http://www.mop.gov.si/si/delovna_podrocja/direktorat_za_okolje/sektor_za_vode/vodna_direktiva/

Environmental pointers (slo. Kazalci okolja);


http://nfp- http://kazalci.arso.gov.si/

Operational Programme for reduction of greenhouse gases emissions (slo. Operativni program
zmanjševanja emisij toplogrednih plinov);
http://www.mg.gov.si/fileadmin/mg.gov.si/pageuploads/Energetika/Porocila/OP-TGP_2012.pdf

Methodology for Determining Reference Costs of Electricity Generated from Renewable Resources (slo.
Metodologija določanja referenčnih stroškov električne energije proizvedene iz obnovljivih virov energije)
http://www.mg.gov.si/fileadmin/mg.gov.si/pageuploads/Energetika/Sprejeti_predpisi/Met_RS_OVE_2009.pdf

National Action Plan for Energy Efficiency 2008 - 2016 (slo. Nacionalni akcijski načrt za energetsko
učinkovitost za obdobje 2008–2016)
http://www.mg.gov.si/fileadmin/mg.gov.si/pageuploads/Energetika/Porocila/AN_URE_2008-2016.pd

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Veruska Bortoluzzi
Province of Belluno
e-mail v.bortoluzzi@provincia.belluno.it
ITALY

Lilly Christoforidou, Ph.D


Prefecture of Serres and Arta Province
e-mail : christolil@ath.forthnet.gr
GREECE

Prof Dr. Odysseas Katsaitis


Prefecture of Serres Province
e-mail : katsa@acg.edu
GREECE

Ing Takis Metaxatos


Prefecture of Serres Province
e-mail: info@hydrema.gr
GREECE

Mag. Albert Rechberger


Government of Styria - Department for
Water Resources Management
e-mail albert.rechberger@stmk.gv.at
AUSTRIA

DI Urs Lesky
Government of Styria - Department for
Water Resources Management
e-mail urs.lesky@stmk.gv.at
AUSTRIA

Prof. Valeriu Dulgheru


Technical University of Moldova
e-mail dulgheru@mail.utm.md
MOLDAVA

Prof. Phd. Razvan Magureanu


University “Politehnical” of Bucharest
e-mail razmagureanu@ieee.org
ROMANIA
www.seehydropower.eu
Phd. Eng. Andreea Galie
Project Contact National Water Administration
“APELE ROMANE”
Ing. Maximo Peviani e-mail andreea.galie@hidro.ro
RSE SpA - Research on Energetic System ROMANIA
maximo.peviani@erse-web.it
Telephone: +39 035 55771 (switchboard) Ms. Nevenka Colnarič
Fax: +39 035 5577999 Ministry of Environment and Spatial Planning
ITALY Nevenka.colnaric@gov.si
SLOVENIA
Authors Contact
Sašo Šantl
DI Gabriele Harb University of Ljubljana, Faculty of Civil and
Graz University of Technology Geodetic Engineering
gabriele.harb@tugraz.at Hsaso.santl@fgg.uni-lj.si
AUSTRIA SLOVENIA

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