LAW OF THE REPUBLIC OF MOLDOVA

of July 11, 2014 No. 125

About modification and amendments in the Natural Gas Act No. 123-XVIII of December 23, 2009

The Parliament adopts this organic law.

In the Natural Gas Act No. 123-XVIII of December 23, 2009 (Official monitor of the Republic of Moldova, 2010, Art. No. 23-24, 31), with subsequent changes, to make the following changes and additions:

1. Add preamble with the text: ", and also the Directive 2004/67/EU of the European Parliament and Council of April 26, 2004 about measures for safety of supply with natural gas published in the Official magazine of the European Union No. L 127 of April 29, 2004.".

2. State Article 1 in the following edition:

"Article 1. Law purpose

The purpose of this law are: creation of the legal basis for effective functioning of the natural gas market and implementation of activities in the sector of natural gas in the conditions of availability, availability, reliability, uninterruptedness, competition, transparency and with observance of regulations of quality, safety and environmental protection; establishment of the measures for safety of supply with natural gas aimed at providing proper functioning of the natural gas market; establishment of powers and obligations of participants of the natural gas market, and also enforcement of the non-discriminatory procedures characteristic of safety of supply with natural gas conforming to national standards.".

3. In Article 2:

in Item k) word "consumers;" shall be replaced with words "final consumers;";

add Article with Items m) and n) the following content:

"m) regulated access for the third parties to networks of natural gas;

n) assessment of conformity of natural gas.".

4. In part (2) Article 3:

in Item b) words of "the operator of the transferring network" shall be replaced with words "operators of the transferring networks";

in Item d) change concerns only the text in state language;

Item e) to add with words ", when functioning system of natural gas;";

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

"g) ensuring sufficient handling capacity of the transferring network of natural gas, sufficient capacity of production and intersystem communication with the transferring networks of natural gas of neighboring countries for the purpose of stable and reliable functioning of system of natural gas;

h) establishment of measures for providing as safety of supply with natural gas of final consumers, and process of assessment of conformity.".

5. In Article 4:

add the concept "access to network" with words "by means of installations for connection;";

after the concept "not residential customer" to add Article with two concepts of the following content:

"overconsumption of natural gas – day-to-day consumption of natural gas in the cold season (from October to March) exceeding for 20 percent at least than the level of average daily consumption registered during the cold climatic periods fixed statistically each 20 years which direct consequence violation of balance in the transferring network of natural gas is;

the long-term agreement of purchase of natural gas – the agreement of purchase of natural gas signed for the term exceeding 10 years;";

in the concept "delivery" of the word "including resale" shall be replaced with words "including resale to consumers and/or to the places of consumption which are in property of the supplier";

in the concept "the guaranteeing supplier" of the word "on special, regulated conditions;" shall be replaced with words "on the special conditions established including by means of obligations on public servicing;";

in the concept "LNG installation" of the word "additional services and temporary storage necessary" shall be replaced with words "the system services and temporary storage warehouses necessary";

after the concept "LNG installation" to add Article with two concepts of the following content:

"installation on production – complex of the equipment and the gas pipes of the producer necessary for natural gas production as natural mineral or for production of natural gas in the artificial way with reduction of parameters of natural gas to compliance with the normative requirements provided for supply of natural gas to network;

installation for connection – gas installation by means of which communication between network of natural gas and installation of the consumer, installation on production, gas storage or the LNG installation is performed;";

state the concept "installation of the consumer" of the following edition:

"installation of the consumer – complex of gas installations of the final consumer, held for use natural gas;";

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

"vertically integrated company – the company or group of companies which can exercise mutual control or within which the same person or the same persons can exercise directly or indirectly control as it is determined by this law and which carry out at least one of deyatelnost on storage, transfer, distribution and at least one of deyatelnost on production or supply of natural gas, including LNG;";

in concept of "the obligation on public servicing" of the word "in the sector of natural gas" shall be replaced with words "in the sector of natural gas in common economic interests,", and the words "and to rates for supply of natural gas to consumers", – words ", to rates and natural gas prices,";

exclude the concept "connection fee";

state the concept "differentiating Item" of the following edition:

"differentiating Item – the place in which installations of natural gas of the final consumer are differentiated on the basis of the property right with installations of the gas company, or the place in which are differentiated on the basis of the property right of installation of the gas companies;";

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

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