LAW OF THE REPUBLIC OF MOLDOVA

of October 5, 2023 No. 281

About modification of some regulations (creation of the mechanism of regulation of power and actions in the field of climate, assistance to development of projects of energy infrastructure)

The Parliament adopts this organic law.

Art. I. - In the Law on power No. 174/2017 (Official monitor of the Republic of Moldova, 2017, Art. No. 364-370, 620), with subsequent changes, to make the following changes:

1. Add the law with formula of harmonization of the following content:

"This law partially shifts:

- Regulations (EU) the No. 2018/1999 of the European parliament and Council of December 11, 2018 for management of the energy union and activities for fight against climate change changing regulations (EU) to No. 663/2009 and (EU) No. 715/2009 of the European parliament and Council, the directive 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EC, 2012/27/EC and 2013/30/EC of the European parliament and Council, the directive of Council 2009/119/EU both (EU) 2015/652 and canceling Regulations (EU) No. 525/2013 of the European parliament and Council published in the Official magazine of the European Union by L 328 of December 21, 2018 in the version adapted and accepted by the Decision of Council of Ministers of Energy community No. D/2021/14/MC-EnC;

- Regulations (EU) the No. 347/2013 of the European parliament and Council of April 17, 2013 about the guidelines of trans-European energy infrastructure canceling the Decision No. 1364/2006/EU and changing regulations (EU) No. 713/2009, (EU) No. 714/2009 and (EU) No. 715/2009, published in the Official magazine of the European Union by L 115 of April 25, 2013 in the version adapted and accepted by decisions of Council of Ministers of Energy community No. D/2015/09/MC-EnC and No. 2021/11/MC-EnC taking into account provisions of Regulations (EU) No. 2022/869 about the guidelines of trans-European energy infrastructure changing regulations (EU) No. 715/2009, (EU) No. 2019/942 and (EU) No. 2019/943 and directives 2009/73/EU and (EU) 2019/944, and No. 347/2013 canceling Regulations (EU).".

2. In Article 2:

part (to add 1) with Items g) and h) the following content:

"g) creation of the mechanism of regulation of power and actions in the field of climate;

h) creation of the regulatory base for assistance to development of projects of energy infrastructure with cross-border impact.";

part (to add 2) with the Items a-1) and e-1) of the following content:

"a-1) development of program documents in the field of power;";

"e-1) development of projects, of common interest, within Energy community, and also projects which are of mutual interest;".

3. In Article 3:

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

"developer of the project - developer of the project of energy infrastructure which can be:

a) the operator of the transferring system, the operator of distributive system or other operator or the investor developing the project of common interest within Energy community, or the project which is of mutual interest between the Republic of Moldova and the member state of the European Union;

b) person who based on the agreement on representation is authorized to represent or the group consisting of operators of the transferring systems or operators of distributive systems, or other operators either investors or the mixed group consisting of the corresponding persons, and who is capable to assume legal and financial liabilities on behalf of the members of group who signed the agreement on representation;";

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

"energy infrastructure - the physical equipment or installation belonging to the categories of energy infrastructure provided in appendix which are located in the Republic of Moldova or provide communication between the Republic of Moldova and other states entering into Energy community and/or between the Republic of Moldova and member states of the European Union;";

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

"tasks of Energy community in the field of energy and climate for 2030 - achievement of the indicators calculated on the basis of the purposes and tasks established at the level of each State Party of Energy community, as follows:

- the minimum reducing at the internal level of emissions of greenhouse gases in scales of all economy in comparison with 1990 which shall be reached by the end of 2030;

- achievement of the minimum share of the energy from renewable sources consumed in Energy community - in 2030;

- accomplishment of the minimum main objective on increase in energy efficiency - in 2030;

- accomplishment of other subsequent tasks;";

after the concept "system operator" to add Article with concepts of the following content:

"politicians and measures - set of the tools promoting realization of the tasks established in the national integrated plan for energy and climate, and/or accomplishment of obligations assumed based on Items a) and b) parts (2) article 4 of the Framework convention of the United Nations about climate change ratified by the Resolution of Parliament No. 404/1995, including those tools which main task is not restriction and emission reduction of greenhouse gases or change of power system;

the project, of common interest within Energy community (ES project), - the project necessary for realization of the directions and tasks in the priority areas of energy infrastructure provided in appendix and included in the list of projects of Energy community approved by Council of Ministers of Energy community;

the project which is of mutual interest (VI project) - the project advanced by the European Union together with the third states based on letters on support from the governments of directly affected states or based on other agreements concerning installations which enter one of the categories of energy infrastructure provided by the subitem and) Item 1, the subitem and) Item 3, subitems and) or c) appendix Item 5 which promotes realization of tasks of the European Union in the field of energy and climate for 2030 and tasks of the European Union on climatic neutrality for 2050 and which is included in the list of projects of the European Union;

commissioning - commissioning of the power station after completion of its construction according to the project.".

4. Item b) parts (Article 4 to state 1) in the following edition:

"b) approves the energy strategy and other program documents, stipulated in Article 7-2, according to the procedure of departure from part (5) article 24 of the Law on regulations No. 100/2017;".

5. In Article 5:

in part (1):

state the prolog in the following edition:

"The central industry body of public management in the field of power (further - the central industry body in the field of power) has the following powers:";

add part with the Items a-1) and a-2) of the following content:

"a-1) develops and advances the project of regulations on the mechanism of regulation of power and actions in the field of climate;

a-2) develops and realizes the draft of the energy strategy and the national integrated plan for energy and climate;";

Item e) to state in the following edition:

"e) performs monitoring of implementation of the energy strategy and the national integrated plan for energy and climate, state programs of development and investments into the fields of power, develops the national integrated report on energy and climate, stipulated in Article 7-3;";

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

"e-1) performs monitoring of implementation of regulations in the field of power;";

add Article with part (1-1) following contents:

"(1-1) In case of development of provision, stipulated in Item a-1) of part (1), the central industry body in the field of power cooperates with the central industry body of public management for natural resources and the environment, other competent authorities.";

in part (2) the words "The Central Industry Body of Public Management in the field of Power" shall be replaced with words "The central industry body in the field of power".

6. Add the law with Chapter II-1 of the following content:

"Chapter II-1 the Mechanism of regulation of power and actions in the field of climate

Article 7-1. The mechanism of regulation of power and actions in the field of climate

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