LAW OF THE REPUBLIC OF MOLDOVA

of May 12, 2023 No. 113

About introduction of amendments to the Law on energy efficiency No. 139/2018

The Parliament adopts this organic law.

This law partially shifts the Directive (EU) 2018/2002 European parliament and Council of December 11, 2018 about modification of the Directive 2012/27/EU on energy efficiency published in the Official magazine of the European Union by L 328/210 of December 21, 2018 in the option adapted and approved by the Decision of Ministerial council of Energy community No. 2021/14/MC-EnC.

Art. I. - In the Law on energy efficiency No. 139/2018 (Official monitor of the Republic of Moldova, 2018, Art. No. 309-320, 476), with subsequent changes, to make the following changes:

1. To state formula of harmonization in the following edition:

"This law shifts the Directive 2012/27/EU of the European parliament and Council of October 25, 2012 about energy efficiency about change of Directives 2009/125/EU and 2010/30/EU and cancellation of Directives 2004/8/EU and 2006/32/EU published in the Official magazine of the European Union by L 315 of November 14, 2012 with the changes made by the Directive (EU) 2018/2002 European parliament and Council of December 11, 2018 about modification of the Directive 2012/27/EU on energy efficiency in the option adapted and approved by the Decision of Ministerial council of Energy community No. 2021/14/MC-EnC.".

2. State Article 1 in the following edition:

"Article 1. Law purpose

The purpose of this law is creation of premises for establishment of the national purposes on energy efficiency on the different temporary horizons according to obligations of the Republic of Moldova, creation of the legal base necessary for promotion of the principle "energy efficiency - first of all", increase in energy efficiency by implementation of the measures included in the National integrated plan for energy and climate, market development of energy services, and also overcoming the shortcomings of energy market interfering increase in supply effectiveness energy and its uses.".

3. Part (Article 2 to state 2) in the following edition:

"(2) This law regulates the types of activity aimed at increase in production efficiency, transfer, distribution, and also energy use for the purpose of increase in level of energy security of the country and decrease in negative impact of sectors of power on the environment and climate due to emission reduction of greenhouse gases.".

4. In Article 3:

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

"the electric vehicle - the vehicle with zero emission of greenhouse gases set in motion exclusive by one or several electric motors;";

after the concept "consumption of final energy" to add Article with concept of the following content:

"the final consumer - the residential customer or not residential customer acquiring energy for own consumption;";

in the concept "energy efficiency" of the word "representing the reached performance, services, goods or energy" shall be replaced with words "received in type of service, goods or energy,";

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

"e-mobility - the concept of promotion of net and effective transport with use of the electric vehicles eating either from batteries, or from hydrogen fuel elements, for improvement of their energy performance, reducing consumption of fossil fuel and emissions of the greenhouse gases produced by transport units;";

"bound party", "energy poverty" and "effective system of centralized heat supply and chilling" to state concepts of the following edition:

"the bound party - the operator of distributive system performing the activities according to the Law on the electric power No. 107/2016 or the Natural Gas Act No. 108/2016, the supplier of heat energy for heating and/or preparation of hot water for economic needs and/or chilling, performing the activities according to the Law on heat energy and promotion of cogeneration No. 92/2014, and also the importer of oil products performing the activities according to the Law on the market of oil products No. 461/2001, to which is applied the scheme of obligations in the field of energy efficiency thus as it is stated in Article 8;";

"energy poverty - situation which distinctive sign is unavailability to the residential customer of modern power sources and technologies, and/or reduced purchasing power of residential customers concerning energy resources, in particular concerning fuel for cooking, electrical energy and/or heat energy, and/or lack of thermal comfort in premises;";

"effective system of centralized heat supply and/or chilling - the system of centralized heat supply and/or chilling using at least 50 percent of energy from renewable sources, either 50 percent of residual heat, or 75 percent of the heat energy made by cogeneration, or 50 percent of combination of the specified types of energy and heat;";

after the concept "total usable space" to add Article with concept of the following content:

"the central source - source of supply with thermal energy / production of heat energy for heating and/or preparation of hot water for economic needs and/or chillings or source of production of hot water for economic needs, other than individual (room) production systems of heat energy for heating and/or preparation of hot water for economic needs or from system of centralized heat supply and/or chilling as it is determined in the Law on heat energy and promotion of cogeneration No. 92/2014;".

5. In Article 5:

part (to add 3) with Item k) the following content:

"k) promotion of innovative technologies in the field of energy efficiency.";

add Article with part (5) the following content:

"(5) State policy in the field of energy efficiency and in the field of renewable energy resources, determined according to the Law on promotion of energy use from renewable sources No. 10/2016, is performed during the coordinating and assistance of the public organization providing support and realization of policy of the state in the field of energy efficiency and promotion of energy use from renewable sources (further - public organization on support).".

6. State Article 6 in the following edition:

"Article 6. The national integrated plan for energy and climate

(1) the Central industry body of public management in the field of power develops the National integrated plan for energy and climate together with the central industry body of public management in the field of environmental protection and by means of public organization on support. The national integrated plan is developed according to the requirements established by the Law on power No. 174/2017 and approved by the Government Regulations on the mechanism of regulation of power.

(The National integrated plan for energy and climate determines 2) and states the purposes of state policy, including in the field of energy efficiency, and policy measure in the field of energy efficiency for all industries of national economy, including the scheme of obligations in the field of energy efficiency which should be executed during the corresponding period for achievement of the planned purposes.

(3) the National integrated plan for energy and climate is developed and built according to recommendations of the Secretariat of Energy community and the European Union law in the respective area, affirms the Government and it is published on the official web page of the central industry body of public management in the field of power and on the official web page of public organization on support.

(The Public organization on support develops 4) together with the organization appointed by the central industry body of public management in the field of environmental protection, the report on accomplishment of the National integrated plan for energy and climate for the previous accounting year which represents for data to higher body and the Government and publishes on the official web page.

(5) For the purpose of comparison of economy of energy and transfer in comparable units the conversion factors provided in appendix 1, except as specified when reasonablly use of other conversion factors are applied.".

7. In Article 7:

part (to state 1) in the following edition:

"(1) in updating of national real estate fund the central industry body of public management in the field of power develops For investment attraction by means of public organization on support and according to provisions of the Law on energy efficiency of buildings No. 128/2014 the long-term industry strategy approved by the Government.";

part (to recognize 2) invalid.

8. Add the law with Article 7-1 of the following content:

"Article 7-1. Obligations on energy economy

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