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RESOLUTION OF PARLIAMENT OF THE REPUBLIC OF MOLDOVA

of December 14, 2018 No. 334

About approval of the Regulations on the organization and functioning of the National agency on regulation in power

Based on part (8) article 8 of the Law on power No. 174/2017 the Parliament accepts this resolution.

Art. 1. – Approve Regulations on the organization and functioning of the National agency on regulation in power in the new edition according to appendix.

Art. 3. – This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Chairman of the parliament

Andrian Kandu

Appendix

Regulations on the organization and functioning of the National agency on regulation in power

Chapter I. General provisions

1. The regulations on the organization and functioning of the National agency on regulation in power (further – the Provision) establish legal status, tasks, functions, the rights and procedure for the organization, functioning and transparency of activities of the National agency on regulation in power (further – the Agency).

2. The agency is the body given authority on regulation and monitoring of activities in sectors of power and in the field of public service of water supply and the sewerage.

3. The agency has the status of the legal entity and is independent in relation to other public bodies or in relation to other subjects of public or private law, has the current bank accounts, including in foreign currency, seal with the State Emblem and the name.

4. The agency performs the functions independently, with respect for the principles of objectivity, impartiality, transparency and nondiscrimination.

5. Any of decisions or the measures taken by the Government, the central industry bodies, other bodies of the central public management, regulating authorities cannot limit to other bodies of the public power or bodies of local public authority functional and financial independence of the Agency and cannot interfere with the Agency performed by the functions established by the sectoral laws and this Provision.

6. Any of the provisions designed to provide independence of the Agency cannot be interpreted for the purpose of exception of the Agency from under the parliamentary control exercised according to the procedure and the limits set by the Law on power No. 174/2017, and also exceptions from under judicial control.

7. In the activities the Agency is guided by provisions of the Constitution of the Republic of Moldova, the Law on power No. 174/2017, the laws existing in sectors of power and in the field of public service of water supply and the sewerage, international treaties which party is the Republic of Moldova, other existing regulations regulating sectors of power and public service of water supply and the sewerage and also this Provision.

8. The structure and extreme number of personnel of the Agency, form and payment procedure of work are established and affirm its Administrative board according to the Law on power No. 174/2017.

9. For the purpose of accomplishment established by the sectoral laws and this Provision of the Agency functions cooperates with the central industry bodies, other bodies of the central public management, Competition council, regulating authorities, other public bodies, with bodies of local public authority, civil society and advises, as required, participants of energy markets.

10. For the purpose of accomplishment of the powers the Agency cooperates at the regional and international levels with regulating authorities of other countries, including with regulating authorities of member countries of Energy community, and also with the international organizations and structures, their organizations, including with Committee on regulation of Energy community and with the Secretariat of Energy community. For assistance to cooperation in the field of regulation the Agency has the right to sign agreements on cooperation with any regulating authority of other country, and also to apply programs of professional training and advanced training of the employees.

11. The agency can be liquidated by the law which is only specially adopted for this purpose and on condition of transfer of its functions to other independent bodies.

Chapter II. Tasks, functions and rights of the agency

12. The task of the Agency consists in ensuring nondiscrimination, fair competition and effective functioning of energy market and public service of water supply and the sewerage.

13. For the purpose of realization of the tasks the Agency performs the following main functions:

a) carries out state policies on regulation in sectors of power and in the field of public service of water supply and the sewerage;

b) regulates and performs monitoring of sectors of power and public service of water supply and the sewerage;

c) accepts resolutions and passes decisions according to functional competences;

d) develops, claims, abolishes administrative regulating documents, and also makes to them changes, additions and stops their action for the purpose of the organization of activities in sectors of power and in the field of public service of water supply and the sewerage on the terms of availability, reliability, continuity, competitiveness, including for the purpose of ensuring protection of the rights and legitimate interests of the consumer;

e) provides that regulated prices and rates were reasonable, reasonable, transparent, non-discriminatory, based on efficiency, reflected necessary expenses and economically reasonable expenses;

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