THE RESOLUTION OF THE NATIONAL AGENCY ON REGULATION IN POWER THE REPUBLIC OF MOLDOVA

of December 27, 2019 No. 534

About approval of Rules of the natural gas market

Based on Art. 7 of h (3) the item a) the Law No. 108/2016 on natural gas (The official monitor of the Republic of Moldova, 2016, Art. No. 193-203, 415) DECIDES: Administrative board of the National agency on regulation in power

1. Approve Rules of the natural gas market it (is applied).

2. Declare invalid the Resolution of Administrative board of the National agency on regulation in power No. 192/2005 about approval of Rules of the natural gas market (The official monitor of the Republic of Moldova, 2005, Art. No. 132-134, 437).

3. OPS will quarterly report on the measures taken for implementation of Rules of the natural gas market during 2020;

4. Items 1 and 2 of this Resolution become effective on December 12, 2020. To impose control of execution of this Resolution on divisions of the National agency on regulation in power.

Approved by the Resolution of the NARE Administrative board of the Republic of Moldova of December 27, 2019 No. 534/2019

Rules of the natural gas market

Chapter I General provisions

Section 1. Scope of application

1. Rules of the natural gas market (further - Rules) are directed to creation of the legal base for carrying out transactions of purchase and sale of natural gas and joint products in the wholesale and retail market of natural gas, and also on rendering system services on the basis of the principle of transparency, objectivity, competitiveness and nondiscrimination.

2. Rules regulate:

1) structure of the natural gas market;

2) procedures, principles and standards of the organization and functioning of the natural gas market;

3) agreement types, concluded in the natural gas market, and compulsory provisions which shall be included in the agreements signed in the market of bilateral agreements on regulated conditions;

4) methods of calculation of the actual flows of natural gas in the natural gas market, the amounts of natural gas which are purchased by participants of the natural gas market according to the signed agreements, accounting methods of amount of natural gas in points of entry and exit of the transferring networks of natural gas;

5) procedures and accounting methods of the operations performed in the natural gas market;

6) procedures of the physical notification of participants of the natural gas market;

7) the procedures and methods connected with creation and maintaining the database for needs of the natural gas market;

8) the procedures and methods connected with acquisition of system services, and also with acquisition of natural gas for covering of technological consumption and losses of natural gas in the transferring and distribution networks of natural gas;

9) the rights and obligations of participants of the natural gas market, including obligation of participants of the natural gas market concerning balancing;

10) methods of calculation of the quantitative imbalances caused by participants of the natural gas market, and financial calculations for the imbalances caused by the natural gas market;

11) other rules necessary for the organization and functioning of the natural gas market.

Section 2. Concepts and terms

3. Rules extend to all participants of the natural gas market.

4. Rules are not applied in exclusive situations in the natural gas market in case of which participants of the natural gas market will realize the specific measures for safety of supply of natural gas provided by the Natural Gas Act No. 108/2016 (further - the Law No. 108/2016) and Regulations on emergency situations in the natural gas market and the Action plan on emergency situations in the natural gas market approved by the Order of the Government No. 207/2019 of.

5. Rules are also applied in case natural gas downloads or extracted from storages, for this purpose the storage is considered contiguous balancing zone.

6. For the purposes of Rules the terms determined in the Law No. 108/2016, the Code of networks of natural gas approved by the Resolution of the NARE Administrative board No. 420/2019 and Regulations on access to gas transmission networks and management of overloads No. 421/2019, approved by the Resolution of the NARE Administrative board and also the following terms and determinations are used:

day imbalance - difference between the entering flows of natural gas and the leaving flows of natural gas from the transferring network of the natural gas emitted for the participant of the natural gas market in gas day.

the consumer of NIO - the consumer who has measurement of amount of natural gas and removal of indications of the measuring equipment occur less than once in gas day;

the declared quantity - amount of the natural gas transferred between the operator of the transferring system of natural gas (further – OPS) and one or several users of system or, if necessary, between the balancing portfolios;

the network account - the account which traces flows of natural gas in, and also from the transferring or distribution network of natural gas which belongs to the system operator for monthly determination and calculation of amount of the natural gas which is stored in the pipeline and operational natural gas.

the balancing body (further - BO) – OPS appointed by National regulation agency in power (further - the Agency) for accomplishment of function of balancing in balancing zone;

operational natural gas - amount of natural gas, necessary OPS or to the operator of distributive system (further - ORS) for covering of technological consumption and losses of natural gas in the transferring and distribution networks of natural gas;

level of daily tolerance - the amount to which imbalances of the balancing portfolio are calculated according to the basic price determined as provisional measure until market liquidity does not become sufficient;

the commercial notification - request of the party responsible for balancing (further - SOB), about transfer of property on natural gas in virtual outlet;

the party responsible for balancing - the user of system who uses natural gas for balancing;

posted price - weighted average price of the natural gas sold in the wholesale market in gas day;

marginal purchase price - estimated price on the amount of negative imbalances in the balancing portfolio which exceed admissions, on the basis of posted prices and purchases of natural gas for balancing of BO in virtual outlet (further - VTT);

marginal price of sale - estimated price for quantity of positive equilibrium imbalances of portfolio which exceed the admissions based on the basic price and sales of natural gas for balancing of BO on VTT;

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