LAW OF THE REPUBLIC OF MOLDOVA

of July 29, 2022 No. 249

About modification of some regulations

The Parliament adopts this organic law.

Art. I. - In the Natural Gas Act No. 108/2016 (Official monitor of the Republic of Moldova, 2016, Art. No. 193-203, 415), with subsequent changes, to make the following changes:

1. After formula of acceptance to add the law with the offer of the following content:

"This law shifts:

- Article 1-42, 44-48, and also appendix I to the Directive 2009/73/EU of the European parliament and Council of July 13, 2009 about general rules of the domestic market of natural gas and cancellation of the Directive 2003/55/EU published in the Official magazine of the European Union by L 211 of August 14, 2009;

- The directive 2004/67/EU of Council of April 26, 2004 about measures for safety of supply with natural gas published in the Official magazine of the European Union by L 127 of April 29, 2004;

- appendix I to Regulations (EU) No. 715/2009 of the European parliament and Council of July 13, 2009 about conditions of access to gas transmission networks and cancellation of Regulations (EU) to No. 1775/2005, published in the Official magazine of the European Union by L 211 of August 14, 2009;

- Articles 3, 6, 10, 12, 14, 17-20 and 34 Regulations (EU) 2017/460 Commissions of March 16, 2017 about approval of the Network code concerning the harmonized structures of rates for gas transportation, the European Union published in the Official magazine L 72 of March 17, 2017;

- Regulations (EU) No. 1227/2011 of the European parliament and Council of October 25, 2011 about fair behavior of participants and transparency of the wholesale market of the electric power published in the Official magazine of the European Union by L 326 of December 8, 2011.".

2. In all text of the law:

shall be replaced with words the words "network of the ascending gas pipelines" "the ascending network of natural gas" in the corresponding number and case;

the words "Regulations on Emergency Situations in the Natural Gas Market" shall be replaced with words "Regulations on emergency situations in the sector of natural gas" in the corresponding case;

shall be replaced with words the words "The Action Plan in Emergency Situations in the Natural Gas Market" "The action plan in emergency situations in the sector of natural gas" in the corresponding case;

shall be replaced with words the words "Commission on Emergency Situations" "The commission on emergency situations of the Republic of Moldova" in the corresponding case;

shall be replaced with words the words "emergency situation in the natural gas market" "emergency situation in the sector of natural gas" in the corresponding number and case.

3. In Article 1:

in part (the words "including intersystem connections;" shall be replaced with words 1) "including intersystem capacity;", and the words "establishment of the measures designed to guarantee safety of supply with natural gas, proper accomplishment of obligations on rendering public service", - words "determination of the measures designed to guarantee safety of supply with natural gas; establishment of obligations on rendering public service and ensuring their proper accomplishment;";

in part (2):

add part with the Item d-1) of the following content:

"d-1) trading in the sector of natural gas;";

Items f) and i) state in the following edition:

"f) sale of the compressed natural gas for vehicles at gas stations;";

"i) organization, functioning and market monitoring of natural gas and access to this market, and also ensuring conscientiousness and transparency of the natural gas market;";

in Item k) to replace the word "reliability" with the word "stability".

4. In Article 2:

in the concept "bekhol" of the word "in certain unilateral entrance/output Items;" shall be replaced with words "in intersystem Items;";

in the concept "capacity" of the word "or service provision agreements on storage;" shall be replaced with words "natural gas;";

in the concept "contractual capacity" of the word "or operator of gas storage" to exclude, and shall be replaced with words the words "or service provision agreements on storage;" "natural gas;";

after the concept "contractual capacity" to add Article with concept of the following content:

"capacity of consumption - consumption of natural gas by the final consumer when its installation / installation of consumption work at full capacity. This capacity includes all amount of natural gas consumed by the corresponding final consumer considered as single business entity if such consumption happens in the markets to interdependent wholesale prices. In case of application of this concept consumption of natural gas in the certain places of consumption which are belonging to the same final consumer and having power consumption less than 600 GW H/year is not considered if appropriate places of consumption do not exert general impact on the prices in the wholesale market of natural gas owing to the geographical arrangement in the different significant markets;";

state the concept "interrupted capacity" of the following edition:

"the interrupted capacity - capacity which can be interrupted by the operator of the transferring system in accordance with the terms of the service provision agreement on transfer of natural gas;";

in the concept "not used capacity" of the word "on transfer, the service provision agreement on storage" shall be replaced with words "on transfer of natural gas,";

in the concept "industrial consumer" of the word "not residential customer using" shall be replaced with words "not residential customer acquiring and using";

after the concept "the protected consumers" to add Article with the following concept:

"the account of operational balancing - the account between operators of the adjacent transferring systems used for management of difference of the direction of flow to intersystem Item for the purpose of simplification of accounting of natural gas for the users of system concerning intersystem Item;";

state the concept "distribution of natural gas" of the following edition:

"distribution of natural gas - transportation of natural gas on distribution networks of natural gas for the purpose of its delivery to consumers or in points of commercial measurement of other operators of distributive systems, not including delivery;";

state the concepts "measuring equipment" and "outsourcing of service or work" of the following edition:

"the measuring equipment - the equipment or system for measurement of amount or amount of the delivered natural gas and in need of consumption of natural gas for the purpose of invoicing;

outsourcing of service or work - the conclusion the owner of the license with the third party of the service provision agreement or performance of work which it shall make according to this law and conditions of the license without license concession to the third party;";

after the concept "management of overload" to add Article with concepts of the following content:

"exact information - information in which it is specified set of circumstances which came or concerning which there are reasonable grounds to believe that they will come, and also on event which took place or concerning which there are reasonable grounds to believe that it will take place and which is rather true to draw conclusion on possible influence of all circumstances or events on the price of energy products of the wholesale market;

internal information - exact information which was not promulgated directly or indirectly concerns one or several energy products of the wholesale market and which in case of its promulgation can significantly influence the price of energy products of the wholesale market. For the purposes of this concept information means the following:

a) information which is subject to disclosure according to this law, Regulations on access to the transferring networks of natural gas and management of overloads, the Code of networks of natural gas, and also according to Rules of the natural gas market;

b) information on capacity and use of installations of consumption, production installations, gas storages or the transferring networks of natural gas, including information on their planned or unplanned unavailability;

c) information which is subject to disclosure according to provisions of regulations or agreements in the wholesale market of natural gas if this information can have significant effect on the price of energy products of the wholesale market;

d) other information relating to the natural gas market which the participant of the market can use for decision making about implementation of the transactions connected with energy product of the wholesale market or about making the trade order concerning such product;

confidential information on protection of critical infrastructure - information on critical infrastructure in the value determined by the Law on the prevention and fight against terrorism No. 120/2017 which in case of disclosure can be used for the purpose of planning and implementation of the actions leading to removal it out of operation or to its destruction;";

in the concept "installation for connection" of the word "consumption installation;" shall be replaced with words "consumption installation, including with the SPGT installation;";

in the concept "consumption installation" of the word "natural gas;" shall be replaced with words "natural gas, including the SPGT installation;";

to add the concept "gas company" after words of "activities for production, transfer, distribution, storage" with the word", to trading";

to add the concept "horizontally integrated gas company" after words of "activities for production, transfer, distribution, storage" with the word", to trading";

state the concept "vertically integrated gas company" of the following edition:

"vertically integrated gas company - the gas company or group of the gas companies as a part of which or as a part of which the same person or the same persons has the right to carry out directly or indirectly control as it is determined by this law and which or which perform at least one of types of activity on transfer, on distribution or on storage of natural gas and at least one of types of activity on production, on trading or on supply of natural gas;";

in the concept "related company" of the word "the shareholder, the founder of this company and/or which under the agreement with other shareholders," shall be replaced with words "the participant, the founder of this company and/or which under the agreement with other participants,", and the word to "shareholders", - the word to "participants";

after the concept "management of energy efficiency and/or demand" to add Article with concepts of the following content:

"method of establishment of the basic price - the calculation method applied to that part of the income received from provision of services on transfer of natural gas which is subject to compensation for the account of regulated rates for service in transfer on the basis of capacity, for the purpose of determination of basic prices;

method of establishment of the basic price depending on the weighted average distance on the basis of capacity - the calculation method established as basic method according to the Code of networks of natural gas;";

to add the concept "the obligation on rendering public service" after the words "in general economic interests" with the word "short-term";

state the concept "operator of the SPGT installation" of the following edition:

"the operator of the SPGT installation - the legal entity in accordance with the established procedure registered in the Republic of Moldova as the company, being the owner of the license for sale of the compressed natural gas for vehicles at gas stations, performing the activities connected as with storage of natural gas in reservoirs by its compression up to the pressure over 20 MPas for the purpose of its further sale for use in fuel quality for vehicles with internal combustion engines;";

state the concept "quality parameters" of the following edition:

"quality parameters - set of the characteristics of natural gas established in the quality standards which affirm national authority on standardization and are specified afterwards as obligatory in the regulating regulations approved by National regulation agency in power;";

after the concept "member of Energy community" to add Article with concept of the following content:

"the participant of the natural gas market - physical person or legal entity, including the system operator, performing transactions with natural gas, including by placement of the trade order in the wholesale market of natural gas;";

after the concept "long-term planning" to add Article with concept of the following content:

"the basic price - the price of product of the guaranteed capacity with effective period one year which is applied on entrance and output Items and is used for establishment of regulated rates for services in transfer of natural gas on the basis of capacity;";

after concept "producer" to add Article with concept of the following content:

"energy products of the wholesale market - the following agreement types and derivative tools, irrespective of the place or method of their sale:

a) delivery agreements of natural gas in case of implementation of delivery to the Republic of Moldova or to member countries of Energy community;

b) service provision agreements on transfer of natural gas in the Republic of Moldova or in member countries of Energy community;

c) delivery agreements and provision of service in distribution of natural gas to final consumers who have capacity of consumption over 600 GW H/year;";

in the concept "connection point" of the word "or consumption installation;" shall be replaced with words "or consumption installation, including the SPGT installation;";

state the concepts "connection" and "network of the ascending gas pipelines" of the following edition:

"connection - accomplishment of installation by the system operator for connection of the applicant - the potential final consumer, except the operator of the SPGT installation, and/or connection and start-up under pressure of gas installations of the final consumer, the SPGT installation, production installation or gas storage on condition of creation of the acceptance act of these installations;";

"the ascending network of natural gas - any network of natural gas operated and/or constructed within the project of production of natural gas or used for transfer of natural gas from one or several production sites of this kind to the overworking device or to the terminal or port terminal;";

in the concept "transferring network of natural gas" change concerns only the text in state language;

in the concept "additional services" of the word "the operator of the transferring system or the operator of distributive system according to this law and Regulations on connection to networks of natural gas and provision of services on transfer and distribution of natural gas" shall be replaced with words "the system operator according to this law, Regulations on connection to networks of natural gas and provision of services on transfer and distribution of natural gas and the Code of networks of natural gas";

Item b) "services in transfer of natural gas like бэкхол" to state concepts of the following edition:

"b) provision of services on transfer of natural gas like бэкхол on the basis of the contractual transferring capacity in the interrupted mode through intersystem Item;";

"gas distribution station" to state concept of the following edition:

"gas distribution station - complex of installations for regulation of pressure, measurement of expense, filtering and odorization through which natural gas from the transferring networks of natural gas is delivered in network of natural gas of adjacent system operators, gas installations of final consumers, including in installations of operators of the SPGT installations;";

in the concept "gas control Item" of the word "with other levels" shall be replaced with words "with lower level";

in the concept "cross subsidies" of the word "the profit received" shall be replaced with words "income gained";

state the concept "rate for connection" of the following edition:

"rate for connection - the regulated rate established according to the methodology approved by National regulation agency in the power engineering specialist who is paid to the system operator by the applicant - the potential final consumer, except for of the operator of the SPGT installation for the purpose of covering of the expenses connected with designing, accomplishment of installation for connection, connection to network of natural gas and start-up under pressure of gas installations of the final consumer, except for the SPGT installations;";

after the concept "rate for connection" to add Article with concepts of the following content:

"rate for start-up under pressure - the regulated rate established according to the methodology approved by National regulation agency in the power engineering specialist who is paid to the system operator by the applicant for covering of expenses on connection to network of natural gas and start-up under pressure of gas installations of the final consumer if its installation for connection was not executed by the system operator, the SPGT installations, production installation or gas storage;

regulated rate for service in transfer of natural gas - the rate approved by National regulation agency in power which users of system shall pay the operator of the transferring system for the services in transfer of natural gas provided to them;

attempt of market manipulation - one of the following actions:

1) transaction or making the trade order of rather energy products of the wholesale market with intention:

a) make obviously false declarations or mislead concerning the offer, demand or the price of energy products of the wholesale market;

b) in the artificial way to establish the price of one or several energy products of the wholesale market if only the person who made the transaction or gave the trade assignment was not convinced that the reasons which induced to arrive thus, are absolutely legal and that such transaction or such order correspond to the market practice accepted in the natural gas market;

c) by means of the dummy tool or by any other form of deception or confidence abuse to transfer or try to transfer the untrue or misleading information on the offer, demand or the price of energy products of the wholesale market;

2) distribution of information through mass media, including the Internet, or any other method with intention to transfer the untrue or misleading messages concerning the offer, demand or the price of energy products of the wholesale market;

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