LAW OF THE REPUBLIC OF MOLDOVA

of July 19, 2018 No. 139

About energy efficiency

The parliament adopts this organic law.

This law shifts the Directive 2012/27/EU of the European parliament and Council of October 25, 2012 about energy efficiency about change of Directives 2009/125/EU and 2010/30/EU and cancellation of Directives 2004/8/EU and 2006/32/EU published in the Official magazine of the European Union by L 315 of November 14, 2012 with the changes made by the Directive (EU) 2018/2002 European parliament and Council of December 11, 2018 about modification of the Directive 2012/27/EU on energy efficiency in the option adapted and approved by the Decision of Ministerial council of Energy community No. 2021/14/MC-EnC.

Chapter I General provisions

Article 1. Law purpose

The purpose of this law is creation of premises for establishment of the national purposes on energy efficiency on the different temporary horizons according to obligations of the Republic of Moldova, creation of the legal base necessary for promotion of the principle "energy efficiency - first of all", increase in energy efficiency by implementation of the measures included in the National integrated plan for energy and climate, market development of energy services, and also overcoming the shortcomings of energy market interfering increase in supply effectiveness energy and its uses.

Article 2. Subject and scope of the law

(1) This law establishes the policy measures in the field of energy efficiency aimed at providing goal achievement, provided in Article 5, and also on continuous development and strengthening of the respective area. Policy measures in the field of energy efficiency are applied to all energy chain: primary resources, production, transfer, distribution, storage, delivery and consumption of final energy.

(2) This law regulates the types of activity aimed at increase in production efficiency, transfer, distribution, and also energy use for the purpose of increase in level of energy security of the country and decrease in negative impact of sectors of power on the environment and climate due to emission reduction of greenhouse gases.

Article 3. Basic concepts

For the purpose of this law the following concepts are used:

individual action - the action leading to the improvements in area of energy efficiency which are giving in to check and measurement or assessment, performed as result of one of policy measures in the field of energy efficiency;

the aggregator - the service provider grouping several short-term loads of final consumers for sale or the offer from the biddings in the organized markets of energy;

energy audit - the system procedure which purpose is receipt of necessary information on the existing profile of energy consumption of the building or group of buildings, industrial process, industrial or commercial plant or private or public service, identification and calculation of profitable options of economy of energy and representation of results;

the electric vehicle - the vehicle with zero emission of greenhouse gases set in motion exclusive by one or several electric motors;

economically reasonable demand - demand which does not exceed the need for heating or chilling and which would be satisfied in market conditions otherwise due to the energy made as a result of other processes than cogeneration;

consumption of primary energy - gross internal energy consumption without not energy use;

consumption of final energy - all energy delivered for the industry, transport, the housing sector, service industry and agricultural industry without the energy delivered for the power reformative sector and sectors of power;

the final consumer - the residential customer or not residential customer acquiring energy for own consumption;

the agreement of financing by the third parties - the agreement in which the third party other than the supplier of energy services and the beneficiary of measure of energy efficiency who finances implementation of this measure and levies from the beneficiary the payment equivalent to part of cost of economy of the energy received owing to application of the energy efficiency measure established by this agreement participates;

the agreement on energy efficiency - the agreement between the beneficiary and the supplier of energy services which proposes one or several measures of energy efficiency which control and monitoring will be performed during all duration of the agreement according to which investments (works, deliveries or services) in this measure (measures) are performed in proportion to the level of increase in energy efficiency established by the agreement or other approved criteria of energy efficiency, such as financial saving;

the intelligent measuring equipment - the electronic device which allows to measure energy consumption with provision of bigger amount of information than the regular measuring equipment, and is capable to transfer and obtain information with use of forms of the electronic message;

energy economy - the amount of the saved energy determined by measurement and/or assessment of consumption before implementation of measure (measures) of energy efficiency in the context of normalization of the external conditions influencing energy consumption;

energy efficiency - ratio between the result received in type of service, goods or energy and certain amount of the energy used for achievement of this result;

e-mobility - the concept of promotion of net and effective transport with use of the electric vehicles eating either from batteries, or from hydrogen fuel elements, for improvement of their energy performance, reducing consumption of fossil fuel and emissions of the greenhouse gases produced by transport units;

national real estate fund - the buildings provided in part (2) article 3 of the Law on energy efficiency of buildings No. 128/2014;

the supplier - the physical person or legal entity registered in the Republic of Moldova as the company selling energy to final consumers in the retail market;

the financial instrument for energy economy implementation - any financial instrument (funds, subsidies, the tax deductions, loans, agreements of financing by the third parties, agreements on energy efficiency, agreements on outsourcing, other agreements of the same nature), available in the market of energy services for complete or partial covering of original cost of the project in the field of energy efficiency, necessary for enforcement of measures of energy efficiency;

increase in energy efficiency - growth of energy efficiency as a result of technology, behavioural and/or economic changes;

effective heating and chilling - option of heating and chilling which in comparison with the basic scenario reflecting typical situation, cost-efficient method considerably reduces the consumption of primary energy necessary for delivery of one energy unit within certain system and which is subject to assessment on the basis of cost analysis and benefits according to Article 25 taking into account the energy necessary for production, transformation, transfer and distribution;

effective individual heating and chilling - individual option of heating and chilling which in comparison with effective system of centralized heating and chilling considerably reduces the consumption of non-renewable primary energy necessary for delivery of one energy unit within certain system or which requires the same consumption of non-renewable primary energy, but in case of smaller costs, taking into account the energy necessary for production, transformation, transfer and distribution;

the small and medium companies - the companies determined by provisions of the Law on the small and medium companies No. 179/2016;

the district/local energy manager - the specialist appointed by body of local public authority of the first or second level for accomplishment of the tasks and functions established according to provisions of this law;

energy efficiency measure - the means or actions used for increase in energy efficiency and receipt of economy of energy including the investments performed for this purpose;

policy measure in the field of energy efficiency - the instrument of regulation, the financial instrument, the tax tool, the volunteer tool or the tool for provision of information which the Government or, on circumstances, the central industry bodies of public management, other bodies of the public power, organization and the organization, including international, use by means of creation of the necessary legal base, assignment of obligations or provision of privileges for the purposes of creation at participants of the market of energy services of interest in provision and acquisition of these services, and also in acceptance of other measures of energy efficiency;

the bound party - the operator of distributive system performing the activities according to the Law on the electric power No. 107/2016 or the Natural Gas Act No. 108/2016, the supplier of heat energy for heating and/or preparation of hot water for economic needs and/or chilling, performing the activities according to the Law on heat energy and promotion of cogeneration No. 92/2014, and also the importer of oil products performing the activities according to the Law on the market of oil products No. 461/2001, to which is applied the scheme of obligations in the field of energy efficiency thus as it is stated in Article 8;

party concerned - the company or state body which assumed obligation on achievement of particular purposes within the voluntary agreement or to which one of policy measures in the field of energy efficiency is applied;

the supplier of energy services - the physical person or legal entity registered in the Republic of Moldova as the company providing energy services or implementing energy efficiency measures on installations or in buildings of the final consumer;

ratio of the areas - ratio between total area of the building and land area on which the building in this territory is located;

updating coefficient - ratio between the area of the buildings relating to the public sphere of the state where the central industry bodies of public management, the subject thermal rehabilitation within calendar year in accordance with the terms of this law, and total area of these buildings perform activities;

cardinal rehabilitation - rehabilitation, costs for which exceed 50 percent of investment costs on new comparable object;

smart grid - the power supply network allowing the effective integrated use of communication networks and information technologies for providing bilateral flows of capacity and information on production and electric power consumption, and also allowing to provide automatically increase in efficiency, profitability, reliability of production and electrical supply;

energy poverty - situation which distinctive sign is unavailability to the residential customer of modern power sources and technologies, and/or reduced purchasing power of residential customers concerning energy resources, in particular concerning fuel for cooking, electrical energy and/or heat energy, and/or lack of thermal comfort in premises;

energy service - the physical benefits, public service or the goods received from energy combination to technology or energy efficient action which can include operation, the maintenance and control necessary for rendering such service provided on contractual basis which leads to increase in energy efficiency or economy of primary energy which is giving in to check and measurement or assessment;

system of energy management - set of the interconnected or interacting elements of the plan which establishes the energy efficiency purpose, and the strategy of achievement of this purpose;

effective system of centralized heat supply and/or chilling - the system of centralized heat supply and/or chilling using at least 50 percent of energy from renewable sources, either 50 percent of residual heat, or 75 percent of the heat energy made by cogeneration, or 50 percent of combination of the specified types of energy and heat;

the total usable space - the area of the building or parts of the building where energy for adjustment of internal climate is used;

the central source - source of supply with thermal energy / production of heat energy for heating and/or preparation of hot water for economic needs and/or chillings or source of production of hot water for economic needs, other than individual (room) production systems of heat energy for heating and/or preparation of hot water for economic needs or from system of centralized heat supply and/or chilling as it is determined in the Law on heat energy and promotion of cogeneration No. 92/2014;

trigeneration - the combined production of heat energy, electrical energy and one more type of energy.

Article 4. Basic principles of area of energy efficiency

The basic principles of area of energy efficiency are:

a) promotion of energy efficiency, in particular, due to support of the programs of increase in energy efficiency providing implementation of advanced technologies of energy production such as cogeneration and trigeneration, distributions, transfers and energy uses and fuels, due to adoption of international standards in the field of energy efficiency for installations, buildings, devices and the equipment, and also monitoring of application of these standards;

b) assistance to private initiative and encouragement of appearance of new suppliers of energy services;

c) support of cooperation between participants of the market of energy services in view of goal achievement of state policy in the field of energy efficiency;

d) ensuring transparency in the activities of bodies of the public power and public organizations given authority in the field of energy efficiency according to Chapter III;

e) training of officials in connection with accomplishment of measures of energy efficiency;

f) creation of necessary premises for development of technical capabilities in provision of energy services, including energy audit and energy management, by the organization of rates of professional training and enforcement of schemes of qualification and registration;

g) informing the public on state policy in the field of energy efficiency;

h) drawing attention of civil society and its connection to decision making processes and implementations of measures of energy efficiency;

i) cooperation with other countries, including within the international organizations, for the purpose of promotion of advanced technologies, implementation of scientific achievements and the best practices in the field of effective use of energy.

Chapter II the National purposes and measures of policy in the field of energy efficiency

Article 5. State policy in the field of energy efficiency and its purpose

(1) Increase in energy efficiency is strategic objective of energy policy of the state owing to the significant contribution to increase in reliability of power supply and competitiveness, to sustainable development, economy of primary energy resources and emission reduction of greenhouse gases.

(2) the National purposes of energy efficiency are expressed in absolute values, representing extreme value of consumption of primary and final energy on national economy in general, and are established for certain temporary interval.

(3) State policy in the field of energy efficiency is component of energy policy of the state and it is directed to achievement of the following purposes:

a) elimination of barriers on the way of promotion of energy efficiency;

b) introduction and promotion of technologies with the raised energy efficiency, modern control and measuring systems;

c) use of the modern principles of energy management;

d) encouragement of final consumers to use of the energy efficient equipment and installations, and also renewable energy resources;

e) promotion of mechanisms of energy efficiency and financial instruments for energy economy implementation, provision of financial and tax benefits according to the law;

f) mobilization of investments into updating of buildings;

g) cooperation between final consumers, producers, suppliers, operators of distributive system, bodies of the public power and public organizations;

h) market development of energy services;

i) education of final consumers and increase in their awareness on value and benefits of application of measures of energy efficiency;

j) promotion of basic and applied researches in the field of effective use of energy;

k) promotion of innovative technologies in the field of energy efficiency.

(4) policy Measures in the field of energy efficiency, including the scheme of obligations in the field of energy efficiency, are provided in the National integrated plan for energy and climate.

(5) State policy in the field of energy efficiency and in the field of renewable energy resources, determined according to the Law on promotion of energy use from renewable sources No. 10/2016, is performed during the coordinating and assistance of the public organization providing support and realization of policy of the state in the field of energy efficiency and promotion of energy use from renewable sources (further - public organization on support).

Article 6. The national integrated plan for energy and climate

(1) the Central industry body of public management in the field of power develops the National integrated plan for energy and climate together with the central industry body of public management in the field of environmental protection and by means of public organization on support. The national integrated plan is developed according to the requirements established by the Law on power No. 174/2017 and approved by the Government Regulations on the mechanism of regulation of power.

(The National integrated plan for energy and climate determines 2) and states the purposes of state policy, including in the field of energy efficiency, and policy measure in the field of energy efficiency for all industries of national economy, including the scheme of obligations in the field of energy efficiency which should be executed during the corresponding period for achievement of the planned purposes.

(3) the National integrated plan for energy and climate is developed and built according to recommendations of the Secretariat of Energy community and the European Union law in the respective area, affirms the Government and it is published on the official web page of the central industry body of public management in the field of power and on the official web page of public organization on support.

(The Public organization on support develops 4) together with the organization appointed by the central industry body of public management in the field of environmental protection, the report on accomplishment of the National integrated plan for energy and climate for the previous accounting year which represents for data to higher body and the Government and publishes on the official web page.

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