ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 11, 2018 No. 690

About approval of the Regulations on tendering on assignment of the status of the competent producer

Based on the subitem k) article 10 of the Law No. 10 of February 26, 2016 on promotion of energy use from renewable sources (The official monitor of the Republic of Moldova, 2016, Art. No. 69-77, 117), with subsequent changes and amendments, DECIDES: the Government

1. Approve Regulations on tendering on assignment of the status of the competent producer it (is applied).

2. To impose control over the implementation of this resolution on the Ministry of Economy and Infrastructure.

Approved by the Order of the Government of the Republic of Moldova of July 11, 2018 No. 690

Regulations on tendering on assignment of the status of the competent producer

Chapter I General provisions

Section 1 Purpose and scope of application

1. The purpose of the Regulations on tendering on assignment of the status of the competent producer (further - the Provision) is establishment of objective, transparent and non-discriminatory procedures, conditions and criteria which shall be applied under the organization of the biddings, in the context of implementation of the scheme of support on assignment, by means of open tender, the status of the competent producer to those producers which finance, build and operate power plant or several power plants with use of renewable energy resources (further - RES) with the installed capacity exceeding the limit set by the Government according to the subitem e) article 10 of the Law No. 10 of February 26, 2016 on promotion of energy use from renewable sources.

2. This Provision is applied under the organization and tendering on assignment of the status of the competent producer (further - the biddings) in case of development of new capacities in production of electricity by way:

a) constructions of the new power plants using RES;

b) constructions of the new hybrid power plants using RES and traditional power sources;

c) increases in capacity of the existing power plants using RES.

Section 2 of Determination

3. For the purpose of this provision the different concepts determined in the Law No. 10 of February 26, 2016 on promotion of energy use from renewable sources and in the Law No. 107 of May 27, 2016 on the electric power and also the following concepts are applied:

the commission on tendering - the government commission created by the Government based on article 35 of the Law No. 10 of February 26, 2016 on promotion of energy use from renewable sources for the organization and tendering according to this Provision;

specifications - set of the conditions established for the production technology of the electric power and for the equipment of the power plants using RES which is specified in documentation for the biddings and which shall be carried out by the investor;

the investor - the physical person or legal entity registered in accordance with the established procedure in the Republic of Moldova which finances builds and operates the power plant using RES with the installed capacity exceeding the capacity limit set by the Government according to the subitem e) article 10 of the Law No. 10 of February 26, 2016 on promotion of energy use from renewable sources, or two and more power plants which use RES and work according to the same production technology of the electric power if their cumulative installed capacity exceeds the capacity limit set for such cases by the Government;

construction of power plant which uses RES - development by the investor of new capacity in production of electricity by construction of the new power plant using RES, constructions of new hybrid power plant which uses RES and traditional power sources, or increases in capacity of the existing power plant which uses RES;

documentation on the biddings - documentation covering all information connected with object of the biddings including information on the procedure of assignment of the status of the competent producer and conditions of participation in the biddings, requirements imposed to the investor, methods of submission of the offer, descriptive documentation, forms of guarantees, the draft agreement on purchase of the electric power from renewable sources, information necessary for investors for participation in the biddings and for development and submission of offers and also about method of check of admissibility, qualification and assessment of offers;

the offer - the written instrument developed according to requirements of this provision and documentation on the biddings by means of which the investor represents, within the biddings, the offer on occasion of construction of power plant which uses RES, for receipt of the status of the competent producer;

the price offer - the written instrument developed according to requirements of this provision and documentation on the biddings by means of which the investor represents, within the biddings, the offer on electricity sale cost from renewable sources, requested, in case of need, for certain technology;

the incorrect offer - the offer which does not correspond requirements and to the criteria established in documentation on the biddings;

energy from renewable sources - the energy received by use of the renewable sources which are not minerals according to wind, solar, aero thermal, geothermal, hydrothermal and oceanic energy, hydropower, biomass, biogas, flue gas (gas for storage) and gas from installations on sewage treatment.

Section 3 Basic principles and purposes

4. The basic principles and the purposes of this provision is the following:

1) assistance to sustainable development of national economy by encouragement of use of renewable energy resources and ensuring safe, reliable and effective work of power supply system;

2) ensuring goal achievement of state policy in the field of energy production from renewable sources, and also diversification of primary energy resources;

3) promotion of construction of the power plants using RES by means of ensuring implementation of the scheme of support by assignment, with use of the mechanism of the biddings, the status of the competent producer and, respectively, by ensuring compliance with the rights of competent producers to purchase at them during in 15-year-old the period of all amount of the electric power made from renewable sources and its delivery to power networks at the competitive prices established during trading;

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