THE RESOLUTION OF THE NATIONAL AGENCY ON REGULATION IN POWER INDUSTRY OF THE REPUBLIC OF MOLDOVA

of January 31, 2023 No. 26

About approval of the Regulations on the Register of participants of the wholesale market of energy

Based on part (4) article 84-1 of the Law No. 107/2016 on the electric power (The official monitor of the Republic of Moldova, 2016, Art. No. 193-203, 413), with subsequent changes, parts (4) article 94-1 of the Law No. 108/2016 on natural gas (The official monitor of the Republic of Moldova, 2016, Art. No. 193-203, 415), with subsequent changes, DECIDES: Administrative board of the National agency on regulation in power

1. Approve Regulations on the Register of participants of the wholesale market of energy it (is applied).

2. To impose control of execution of this resolution on divisions of the National agency on regulation in power.

3. No. 355 is excluded according to the Resolution of the National agency on regulation in power industry of the Republic of Moldova of 18.06.2024

Approved by the Resolution of Administrative board of the National agency on regulation in power industry of the Republic of Moldova of January 31, 2023 No. 26

Regulations on the Register of participants of the wholesale market of energy

Part 1 General provisions

1. The regulations on the Register of participants of the wholesale market of energy (further - the Provision) regulate the procedure of registration and procedure for updating of the Register of participants of the wholesale market of energy by the National agency on regulation in power (further - the Agency) according to the requirements established in Energy community.

2. Conditions of the Provision are applied to participants of the wholesale markets of the electric power and natural gas which make transactions with energy products of the wholesale market or express interest in participation in such transactions.

3. Participants of the wholesale market of energy who make transactions with energy products of the wholesale market or express interest in participation in such transactions by means of trade orders, shall be registered in the Register of participants of the wholesale market of energy created by the Agency.

4. For the purpose of this provision concepts of the Law on the electric power No. 107/2016, of the Natural Gas Act No. 108/2016, and also the following concepts and determinations are used:

the final beneficiary of transactional activities - any legal entity or physical person which has significant effect on management of the participant of the market by means of control or voting power, or at head enterprise irrespective of whether the beneficiary directly or combination of other companies is provided;

person having final control - any legal entity or physical person, which:

1) owns 10% or more significant amount of shares of the participant of the market or its head enterprise; or

2) owns 10% or more considerable voting power as a part of the participant of the market or its head enterprise; or

3) it is capable to have significant effect on management of the participant of the market through person controlling the participant of the market or its head enterprise; or

4) it is capable to have significant effect on management of the participant of the market through voting power as a part of its company or head enterprise.

The wholesale market of energy - the market in which products of the natural gas market or electric power are sold wholesale.

Part 2 Register of participants of the wholesale market of energy

5. The agency enters the Register of participants of the wholesale market of energy according to provisions of the legislation of the European community given in appendix I to the Agreement on creation of Energy community and according to the requirements established by the Law No. 107/2016 on the electric power (further - the Law No. 107/2016) and the Law No. 108/2016 on natural gas (further - the Law No. 108/2016).

6. The register of participants of the wholesale market of energy is conducted and updated by the Agency on permanent basis. Contents of information of the register which can be available to the public are determined in appendix No. 4 to the Provision.

7. The register of participants of the wholesale market of energy contains, at least, the following information on each participant of the wholesale market:

1) single identification code;

2) fiscal code, registration number for the VAT;

3) address of the main office / home address;

4) persons responsible for operational decisions of the corresponding participant and for transactional decisions;

5) final beneficiary of transactional activities of the corresponding participant;

5-1) wholesale market for which registration is performed (the electric power and/or natural gas);

6) other data allowing to identify the participant.

8. The agency transfers to the Regulating committee of Energy community information from the Register of participants of the wholesale market of energy in accordance with the terms of this provision. Information provided by the Agency promotes updating of the Central register of participants of wholesale energy market which conducts the Regulating committee of Energy community.

9. Accomplishment of obligation on registration in the Register of participants of the wholesale market of energy does not exempt the corresponding participant from necessary obligations on respect for the applicable rules provided by the Law No. 107/2016 and the Law No. 108/2016, and also Rules of electricity market approved by the Resolution of the NARE Administrative board No. 283/2020, and Rules of the natural gas market approved by the Resolution of the NARE Administrative board No. 534/2019.

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