LAW OF THE REPUBLIC OF MOLDOVA

of December 22, 2023 No. 414

About modification of some regulations

The Parliament adopts this organic law.

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

Art. I. - Article 17 of the Law on the basic principles of regulation of business activity No. 235/2006 (2006, Art. No. 126-130, 627), with subsequent changes, to add the official monitor of the Republic of Moldova with part (7) the following content:

"(7) In departure from provisions of parts (1) - (6) temporary suspension of action and/or cancellation of the license/permission for implementation of the business activity issued on implementation of types of activity in the areas which are of importance for state security can be performed also according to special provisions of the Law on the mechanism of consideration of investments No. 174/2021, significant for state security. In these cases provisions of parts (9) - (11) Article 10 and parts (2-1) and (2-2) articles 11 of the Law on regulation of business activity by permission No. 160/2011 continue to be applied.".

Art. II. - In the Law on regulation of business activity by permission No. 160/2011 (Official monitor of the Republic of Moldova, 2011, No. 170-175, of the Art. 494), with subsequent changes, to make the following changes:

1. Add Article 10 with parts (9) - (11) the following content:

"(9) In departure from provisions of parts (1) - (8) operation of the allowing acts issued for implementation of some types of activity in significant areas for safety of the state can be also suspended according to special provisions of the Law on the mechanism of consideration of investments No. 174/2021, significant for state security.

(10) In the cases provided by part (9), suspension of operation of the allowing act happens from the date of decision of the body responsible for consideration of investment projects in areas, significant for state security, about suspension of operation of the allowing act, according to part conditions (3) article 13-1 of the Law on the mechanism of consideration of investments No. 174/2021,, significant for state security, without the need for the appeal to degree of jurisdiction.

(11) Renewal suspended the allowing act according to part (9) it is performed only based on the decision of the body responsible for consideration of investment projects in areas, significant for state security, after conducting by it necessary checks and establishment of lack of violation of requirements of the Law No. 174/2021 on the mechanism of consideration of investments, significant for state security.".

2. Add Article 11 with parts (2-1) and (2-2) following of content:

"(2-1) V departure from provisions of parts (1) - (2) the allowing acts issued for implementation of activities in areas, significant for safety of the state can be also cancelled according to special provisions of the Law on the mechanism of consideration of investments No. 174/2021, significant for state security.

(2-2) V the cases provided by part (2-1), cancellation of the allowing act happens from the date of decision making by the body responsible for consideration of investment projects in areas, significant for state security, about cancellation of the allowing act, under condition, according to part (6) article 13-1 of the Law on the mechanism of consideration of investments No. 174/2021,, significant for state security, without the need for the appeal to degree of jurisdiction.".

3. Add Article 12-1 with part (2-1) following of content:

"(2-1) V departure from part provisions (2) in the context of emergency situations at the national or regional level the Commission on emergency situations of the Republic of Moldova is authorized to make on a temporary basis decisions on introduction of regulation by means of licensing of other types of activity, than those which are provided in the Nomenclature of the allowing acts entering license category, specified in appendix 1. Temporary introduction of regulation by means of licensing can be performed for the term of no more than three months which can be prolonged only once no more than for three months. Orders of the Commission on emergency situations of the Republic of Moldova which make the decision on introduction of regulation by licensing of certain types of activity without fail establish the term for which the decision on temporary introduction of this regulation, and also content, procedure for request, obtaining, effective period, prolongation, response, renewal and the amount of payment for issue of temporary licenses is made.".

Art. III. - In the Law on promotion of energy use from renewable sources No. 10/2016 (Official monitor of the Republic of Moldova, 2016, No. 69-77, of the Art. 117), with subsequent changes, to make the following changes.

1. Part (Article 34 to state 9) in the following edition:

"(9) the Government within execution of the powers established in Item е) 10, through the central industry body of public management in the field of power publishes Articles on the official web page and in other national and international mass media and, proceeding from circumstances, reviews the approximate schedule of planned frequency of bidding procedures, and also publishes if necessary information on reservoir and the budget/cost of the scheme of support, acceptable technologies, and also other corresponding details, of common interest.".

2. Part (Article 35 to add 4) with the following offer: "The guarantee for the offer and guarantee of proper execution of the agreement are established and applied in non-discriminatory procedure in the fixed size on each 1 kW of installed capacity according to Regulations on tendering on assignment of the status of the large competent producer.".

3. In part (Article 36 of the word "36 months" shall be replaced with words 5) "24 months", and words "part (1-2) Article 37." - words "part (1-1) Article 37.".

Art. IV. - In the Law on the electric power No. 107/2016 (Official monitor of the Republic of Moldova, 2016, Art. No. 193-203, 413), with subsequent changes, to make the following changes:

1. To add formula of harmonization with the text: "; Regulations (EU) No. 1227/2011 of the European parliament and Council of October 25, 2011 about fair behavior of participants and transparency of wholesale energy market published in the Official magazine of the European Union by L 326 of December 8, 2011.".

2. The changes made by this Item concern only the text in Romanian.

3. In Article 2:

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

"capacity of consumption - electric power consumption by the final consumer when its installation / installation of consumption work at full capacity. This capacity includes all amount of electric power 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 electric power consumption 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 the electric power owing to the geographical arrangement in the different significant markets;";

after the concept "control over the company" to add Article with concept of the following content:

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