LAW OF THE REPUBLIC OF MOLDOVA

of July 30, 2026 No. 164

About modification of some regulations (development of cross-border energy infrastructure, updating of powers in regulation and increase in potential of implementation of energy projects)

The Parliament adopts this organic law.

Art. I. - In the Law on power No. 174/2017 (repeated publication: The official monitor of the Republic of Moldova, 2023, Art. No. 480-482, 849), with subsequent changes to make the following changes:

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

"-Article 1, parts (1) - (5) Articles 5, parts (7) - (9) Articles 6, parts (1) - (3) and (5) Articles 8, Article 9, parts (1), (8), (9) and (14) Articles 11, part (1) Articles 12, parts (1) - (7) and (9) - (12) Articles 16, Article 17, parts (1) - (3) and (5) Articles 18, Articles 19, 21, 23 and 31, the subitem of 1 Item 1, Items 3 and 4 of appendix I, subitems (a) - (e) of Item 1 and Items 2-5 of appendix II, the subitem 9 of Item 1 and subitems 1-2, 8, the 10-11 and 15 Item 2 of appendix III, appendix IV and appendix VI of Regulations (EC) No. 2022/869 of the European parliament and Council of May 30, 2022 about the guidelines of trans-European energy infrastructure, about modification of regulations (EU) No. 715/2009, (EC) 2019/942 and (ES) 2019/943 and in directives 2009/73/EU and (EC) 2019/944, and also on cancellation of Regulations (EC) No. 347/2013, of the European Union published in the Official magazine of L 152 of June 3, 2022, CELEX: 32022R0869, in the option adapted and approved by Decisions of Council of Ministers of Energy community No. 2023/02/MC-EnC and 2023/03/MC-EnC".

2. In all text of the law of the word "Law on the Electric Power No. 107/2016" in any case shall be replaced with words "The law on the electric power No. 164/2025" in the corresponding case, and the words "energy market" in any number and case shall be replaced with words "the energy market" in the corresponding number and case.

3. In part (2) Article 2:

to state the subitem of e 1) in the following edition:

"e 1) timely development and ensuring interoperability of projects, of common interest within Energy community, and also projects which are of mutual interest, promoting:

- to mitigation of the consequences of climate change, in particular in case of goal achievement of Energy community in the field of energy and climate for 2030 and the purposes of climatic neutrality till 2050; and

- to ensuring intersystem connections, energy security, integration of the markets of energy and systems, the competition for the benefit of all contracting parties of Energy community, and also reasonable prices for energy;";

add part with subitems of e 2) - e 5) of the following content:

"e 2) establishment of criteria according to the project definition for their inclusion in the list of projects, of common interest within Energy community, and in the list of the projects which are of mutual interest;

e 3) assistance to timely implementation at the scheduled time of projects, of common interest within Energy community, by increase in efficiency, closer cooperation and acceleration of processes of issue of allowing documents, and also by increase in transparency of activities and participation of the general public;

e 4) setting standards for cross-border distribution of the investment costs and incentives connected with risks - for projects, of common interest within Energy community, and also projects which are of mutual interest;

e 5) establishment of conditions of competence of projects, of common interest within Energy community, for provision of technical and financial aid from the European Union in the area of the Instrument of the help during the period preceding accession, the Tool of the neighbourhood, development and international cooperation including the Investing framework programme for the Western Balkans, by means of the Investment platform of the neighbourhood, the European fund of sustainable development and the European fund of sustainable development plus, and also Fund for Ukraine;".

4. In Article 3:

after the prolog to add Article with concepts of the following content:

"the assets allocated for hydrogen - the infrastructure ready to acceptance of net hydrogen without the need for extra works on adaptation, including pipe networks or installations for storage which are again constructed and/or re-equiped from the assets intended for natural gas;

adaptation to climate change - the process providing achievement of resistance of energy infrastructure to potential negative effects of climate change by means of assessment of climatic vulnerability and risks including adequate measures on adaptation;

the relevant national regulating authority - national authority on regulation, the stipulated in Article 8 these laws, and/or the national regulating authority / national regulating authorities of other contracting parties of Energy community and/or state members of the European Union in the territory of which the cross-border project is placed and on which the corresponding project makes considerable positive impact;

the interested body - public body which according to the applicable regulatory base, issues the allowing documents concerning planning, design and construction of facilities of the real estate, including objects of energy infrastructure;

restriction in energy infrastructure - the restriction of physical flows within power system owing to insufficient handling capacity including, in addition, lack of the corresponding infrastructure;";

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

"the exhaustive decision - the decision or set of the decisions made by one or several bodies of the contracting party of Energy community, state member of the European Union except for of degrees of jurisdiction by means of which it is established whether the developer of the project is authorized to build energy infrastructure for implementation of the project, of common interest within Energy community, or the project which is of mutual interest with opportunity to begin or buy and begin necessary construction works ("readiness for accomplishment of construction"), without prejudice to any decision made in the context of administrative appeal;";

state the concept "energy infrastructure" of the following edition:

"energy infrastructure - the physical equipment and/or physical installations belonging to the categories of energy infrastructure provided by appendix 2, located in the Republic of Moldova or connecting the Republic of Moldova to other contracting parties of Energy community and/or connecting the Republic of Moldova to one or several state members of the European Union;";

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

"works - purchase, delivery and development of components, systems and services, including computer programs (software), implementation of the activities for development, re-equipment, construction and installation relating to the project, acceptance of objects of energy infrastructure and project startup;";

in the prolog of concept "" words "of each State Party" shall be replaced with words tasks of Energy community in the field of energy and climate for 2030 "each contracting party";

after concept "politicians and measures" to add Article with concepts of the following content:

"the project - one or several lines, the pipelines, units, the equipment or installations belonging to the categories of energy infrastructure provided by appendix 2;

the competing projects - the projects fully or partially directed to elimination of the same revealed lack of infrastructure or to satisfaction of the same need for regional infrastructure;";

in the concept "the project, of common interest within Energy community (ES project)" of the word "in appendix" to add with figure "1";

in the concept "the project which is of mutual interest (VI project)" of the word "in appendices" to add with figure "2";

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

"reconfiguration - technical upgrade or change of the existing infrastructure of natural gas for the purpose of ensuring its adaptation to use of net hydrogen;

the smart power supply network - the power network including located on the islands which do not have intersystem connection or not having sufficient connection with power networks of Energy community or power networks of the European Union which allows to integrate effectively from the point of view of costs and actively to control behavior and actions of all users of system which installations are connected to it, including producers, consumers and prosumers, for the purpose of providing cost-efficient and steady electric utility system with the low wastage rate and high extent of integration of renewable energy resources, reliability of supply and safety and in which the operator of system can control in digital form actions of users of system which installations are connected to this network, and also information and communication technologies for communication with operators of systems, producers, operators of installations of storage of energy, and also with the corresponding consumers or prosumers for the purpose of transfer and distribution of electrical energy by steady, zatratoeffektivny and safe method;

smart network of natural gas - the network of natural gas using innovative and digital solutions for zatratoeffektivny integration of several sources of the natural gas received in case of low emissions of carbon, and in particular from renewable sources of gas, according to needs of consumers and quality requirements of natural gas, for the purpose of reducing carbon trace according to gas consumption, possibility of use of bigger share of natural gas from renewable sources and received in case of low emissions of carbon, and also creation of interrelations with other energy carriers and other sectors of power, including implementation of necessary physical upgrade if such upgrade is extremely necessary for functioning of the equipment and installations for the purpose of integration of the natural gas received with the low level of emissions of carbon, and in particular from renewable sources;

researches - the activities necessary for implementation of the project, such as preparatory researches, feasibility statements, estimative researches, testing and validations, including the software (software), and any other measures of technical assistance, including preliminary actions for determination and project development, and also for decision making about financing of the project, such as studying affected platforms and preparation of financial packet.".

5. In Article 5:

in Item g) parts (words of "the markets of sectors of power" shall be replaced with words 1) "the energy markets";

in part (Article 5 of the word "other competent authorities" shall be replaced with words 11) ", and also with other competent public authorities and organizations".

6. Add the law with Article 5-1 of the following content:

"Article 5-1. Special powers of the central industry body in the field of power concerning the ES projects and the VI projects

(1) the Central industry body in the field of power appoints one or several representatives for participation in regional groups of Energy community on the ES projects, stipulated in Article 31-1, and expresses opinion concerning the ES projects affecting the Republic of Moldova. The decision of the central industry body in the field of power about variation of the ES potential project affecting the Republic of Moldova shall be motivated. The central industry body in the field of power can represent to regional groups of Energy community of the conclusion concerning projects which, though do not belong to the Republic of Moldova, can have potential general positive impact or potentially considerable impact, for example on the environment or on functioning of its energy infrastructure.

(2) the Central industry body in the field of power is the body responsible for assistance and coordination of issue of the allowing documents necessary for designing, construction and commissioning of the energy infrastructure mentioned in the ES and VI projects (further - process of issue of permissions to the ES or VI projects). When implementing the powers provided by this part, the central industry body in the field of power applies the measures provided by this Article and Articles 31-3-31-5, taking into account requirement of ensuring receipt of the ES or VI draft of necessary allowing documents by developer in the shortest possible time with observance of the aggregate terms provided by parts (1) and (2) Article 31-4. The decisions made by the central industry body in the field of power according to Article 31-4, are not equated to issue of allowing documents in value of the Law on regulation of business activity by permission No. 160/2011, of the temporary reference points which are carrying out role for designation of the beginning and completion of specific stages of process of issue of permissions to the ES or VI project. The procedure of adoption of relevant decisions is established by the order of the central industry body in the field of power.

(3) the Central industry body in the field of power on demand renders assistance to the developer of the ES or VI project and provides it information on the regulations and requirements applicable in connection with issue of the allowing documents necessary for implementation of the corresponding project.

(4) Power on support and coordination of process of issue of permissions to the ES project or the VI project or on category of the ES or VI projects can be delegated by the central industry body in the field of power to other body of the public power or public organization in case of observance of the following conditions:

a) the central industry body in the field of power notifies the Secretariat of Energy community on authority delegation on support and coordination of process of issue of permissions to the ES project or the VI project, or on one of categories of the ES or (VI) projects, at the same time the adequate notice is published on the official website of the central industry body in the field of power, and also on the website of developer of the corresponding project provided by part (13) Article 31-5;

b) for each ES or VI project only one public body or organization as single contact Item for developer of the corresponding project in the course of adoption of the exhaustive decision concerning certain project which advances is appointed and coordinates submission of all relevant documents and information.

(5) If implementation of the ES or VI project assumes decision making as from the Republic of Moldova, and one or several contracting parties of Energy community and/or one or several state members of the European Union, the central industry body in the field of power if necessary cooperates with the competent authorities responsible for assistance and coordination of process of issue of permissions to the ES project or the VI project in the relevant states, and takes necessary measures for the purpose of cooperation and effective and productive coordination of efforts in connection with process of issue of permissions to the ES or VI projects. The central industry body in the field of power takes necessary measures for ensuring as far as possible application of joint procedures, in particular concerning environmental impact assessment.

(6) For the purpose of ensuring transparency of activities and informing the general public on provisions of the regulatory base applicable in the course of issue of permissions to the ES or VI projects, the central industry body in the field of power develops and publishes the management containing the following information on the official website:

a) regulations on which relevant decisions and allowing documents, on categories of the ES corresponding projects or VI projects, including regulations in the field of the environment are based;

b) the list of the allowing documents necessary for designing, construction and commissioning of the energy infrastructure mentioned in the ES or VI projects;

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