LAW OF THE REPUBLIC OF MOLDOVA

of November 9, 2023 No. 331

About introduction of amendments to the Law on promotion of energy use from renewable sources No. 10/2016

The Parliament adopts this organic law.

Art. I. - In the Law on promotion of energy use from renewable sources No. 10/2016 (Official monitor of the Republic of Moldova, 2016, Art. No. 69-77, 117), with subsequent changes, to make the following changes:

1. To state formula of harmonization in the following edition:

"This law partially shifts the Directive (EU) of 2018/2001 European parliament and Council of December 11, 2018 about promotion of energy use from renewable sources (reformed), published in the Official magazine of the European Union by L 328 of December 21, 2018, in the option adapted and approved by the Decision of Council of Ministers of Energy community No. 2021/14/MC-EnC.".

2. State Article 1 in the following edition:

"Article 1. Purpose and tasks of the law

This law is intended for creation of the legal base for promotion of energy use from renewable sources and for determination of national tasks concerning energy share from renewable sources in gross final energy consumption, in gross final energy consumption for heating and chilling, and also energy share from renewable sources in final energy consumption in the transport sector. The law establishes the regulations concerning schemes of support, guarantees of origin, applicable ministerial procedures, ensuring own consumption of the electric power due to the energy made from renewable sources, regional cooperation, access for producers of energy from renewable sources to networks and also other necessary regulations for the purpose of promotion and achievement of bigger energy consumption from renewable sources with national economy.".

3. In Article 3:

add Article at the beginning with concept of the following content:

"the aggregator - the member of electricity market rendering services in trade, purchase or tendering on any electricity market in sense of the Law on the electric power No. 107/2016 concerning the integrated loads of several final consumers or the electric power made by several sources;";

state the concept "biofuel" of the following edition:

"biofuel - the liquid fuel for vehicles made from biomass,";

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

"advanced biofuel - the biofuel made from the types of raw materials listed in Regulations on calculation of energy consumption from renewable sources;";

state the concept "biomass" of the following edition:

"biomass - biodegradable fraction of products, waste and remaining balance of biological origin of agricultural industry, including materials of plant and animal origin, forestry and allied industries of the industry, including fishery and aquaculture, and also biodegradable fraction of waste, including industrial and municipal wastes of biological origin.";

after the concept "biomass" to add Article with concepts of the following content:

"the fulfilled (residual) heat and cold - heat or cold which are inevitably formed as by-products in industrial plants or installations on production of electricity or in the field of services owing to thermodynamic processes and which in the absence of access to centralized system of heating or chilling dissipate in air or in water without use if it was used, will be used process of cogeneration or if the cogeneration is economically not proved;

fuel from biomass - the gaseous and firm types of fuel (further - firm types of fuel) made from biomass;

the commission on tendering - the commission created according to this law and Regulations on tendering on assignment of the status of the competent producer for preparation of documentation on the biddings, the organizations and tenderings, estimates of offers and selection of winners for assignment of the status of the large competent producer according to Article 35;

community on energy from renewable sources - the subject:

a) which according to the national legal system is based on open and voluntary participation, is autonomous and it is actually controlled by shareholders or members;

b) shareholders or members of which are physical persons, the small and medium companies or bodies of local public authority of the first, second or special levels;

c) which main task consists in provision of communitarian economic, social or nature protection benefits to the shareholders or members or local zones where they perform the activities, except receipt of financial profits;";

exclude the concept "certificate of conformity";

after the concept "gross final energy consumption" to add Article with concepts of the following content:

"the purchase agreement of the electric power from renewable sources directly from the producer - the agreement based on which the physical person or legal entity buys the electric power from renewable sources directly from the electric power producer having the license for electrical supply according to provisions of the Law on the electric power No. 107/2016;

the regulated purchase agreement of the electric power from renewable sources - the regulated standard agreement under which the central electric power supplier buys the electric power made by competent producers on the conditions established by this law. Regulated purchase agreements of the electric power from renewable sources differ in case of small competent producers and large competent producers;";

state the concept "contract for difference" of the following edition:

"the contract for difference - the contract signed between the large competent producer and the central electric power supplier on whom positive or negative differences in the form of variable award between the market price and fixed price or strike price established during bidding procedures according to this law are provided to the large competent producer selling the made electric power in the wholesale market;";

in the concept "maximum level of capacity" the word "established" shall be replaced with words "expressed in MW and established for long period of time";

after the concept "maximum level of capacity" to add Article with concepts of the following content:

"food and forage crops - cultures of the plants rich with starch, sugar-bearing plants or oily plants which are grown up on farmlands as the main culture, except for remaining balance, waste or lignotsellyulozny materials and mid-season cultures, such as intermediate cultures and cover cultures provided that use of such mid-season cultures will not cause increase in demand for additional lands;

waste - as it is determined in article 2 of the Law on waste No. 209/2016, except for of substances which were specially modified or infected for compliance to this determination;";

after the concept "geothermal power" to add Article with concept of the following content:

"the central electric power supplier - the subject responsible for purchase of amounts of electric power at all competent producers according to Rules of the market of electrical energy based on regulated purchase agreements of the electric power from renewable sources, for the period before creation of the organized market of the electric power according to part (1) Article 38-1, and also for purchase of amounts of electric power at small competent producers who are given the corresponding status during the procedure of confirmation and who act as partners under the contracts for difference signed with the large competent producers declared by winning bidders after creation of the organized markets;";

state the concept "guarantee of proper execution of the agreement" of the following edition:

"guarantee of proper execution of the agreement - the financial resources deposited by the potential producer in the order of the Government in case of provision of the status of the large competent producer at the biddings or in the order of the National agency on regulation in power in case of confirmation of the status of the competent electric power producer for ensuring accomplishment of the contractual commitments on construction and commissioning of power plant on energy production from renewable sources;";

state the concepts "offer guarantee", "participation guarantee" and "centralized heating or centralized chilling" of the following edition:

"offer guarantee - the financial resources deposited by the potential producer in the order of the Government for the purpose of exception of its improper conduct throughout all proposal validity;

participation guarantee - the financial resources deposited by the potential producer in the order of the National agency on regulation in power for the purpose of exception of its improper conduct within and in connection with the procedure of confirmation of the status of the competent producer;

centralized heating or centralized chilling - distribution of heat energy in the form of vapor, hot water or the cooled liquids in system of centralized heat supply and/or chilling or from the decentralized production sources through network on several buildings or sites for the purpose of use for heating or chilling of rooms or in processes of heating or chilling;";

after the concept "capacity limit" to add Article with concepts of the following content:

"the liquid current market - the established and functional current market which status is established according to provisions of the Law on the electric power No. 107/2016, corresponding to the following criteria:

a) there is operational platform of sales based on the biddings or on the sale mechanism by continuous correlation where the current market is functional at least 12 months;

b) change of offers not later than for hour before delivery is possible (h-1);

c) products, available to sale, correspond to interval of calculation of imbalance in the corresponding zone of the biddings;

strike price - the price determined during bidding procedure for the purpose of support of energy from renewable sources allowing to make in the contract for difference financial calculation by correlation with difference between this price and the price of the wholesale market of the electric power;

the price of the wholesale market of the electric power (further - market price) - the price established in the market for the days ahead according to Rules of the market of electrical energy and used as the size of variable award, basic for determination;

variable award - the financial support provided in the form of positive or negative compensation on kWh, calculated as difference between the fixed price/strike price established during trading and at the price of the wholesale market of the electric power;

bidding procedure - the transparent, non-discriminatory process of the biddings providing participation of enough the companies according to Regulations on tendering on assignment of the status of the competent producer and/or documentation on the biddings in which the financial support is provided based on criterion of the smallest price during competitive process;";

after the concept "producer of biofuel" to add Article with concept of the following content:

"the producer of biological fuel - the legal entity who makes and sells biofuel, bioliquids and/or fuel from biomass;";

state the concept "competent producer" of the following edition:

"the competent producer - the electric power producer from renewable sources having right to use of the scheme of support according to this law;";

after the concept "competent producer" to add Article with concepts of the following content:

"the large competent producer - the competent producer operating one power plant / several power plants on production of electricity from renewable sources with the cumulative capacity exceeding the capacity limit set by the Government according to Item e) Article 10;

the small competent producer - the competent producer operating one power plant / several power plants on production of electricity from renewable sources with cumulative capacity below the limit of capacity set by the Government according to Item e) Articles 10, including units on production of electricity in the cogeneration mode on the basis of biomass, synthesis gas or biogas, irrespective of capacity if the Government established it;

oil products - the main oil products and the main oil products of standard type as it is determined in the Law on the market of oil products No. 461/2001;

the professional consumer of electricity from renewable sources - the final consumer who makes the electric power from renewable sources for own consumption and can store or sell the made electric power from renewable sources provided that in case of not household professional consumer of electricity from renewable sources these types of activity are not its main business or professional activity;

jointly the acting professional consumers of electricity from renewable sources - the group consisting at least of two professional consumers of electricity from the renewable sources which are in the same building or the apartment house as it is specified in part (1) article 3 of the Law on energy efficiency of buildings No. 282/2023;";

after the concept "scheme of support" to add Article with concept of the following content:

"the peer transaction - the transaction with energy from renewable sources between participants of the market based on the contract with in advance determined conditions regulating automatic exercise and calculation for the transaction or it is direct between participants of the market, or indirectly by proxy the third-party participant of the market, such as the intermediary/aggregator. The right to the conclusion of peer transactions does not affect the rights and obligations of parties concerned as final consumers, producers, suppliers or intermediaries/aggregators;";

add the concepts "actual value" and "typical value" with words ", bioliquids or fuel from biomass;".

4. Add Article 5 with part 3 following of content:

"(3) State policy in the field of energy from renewable sources is developed so that the level and conditions of the financial support provided on projects on production of electricity from renewable sources by means of schemes of support were reviewed by method which does not influence negatively the rights granted by the law and does not worsen economic viability of the projects which are already getting support according to this law, except for changes, caused by execution of contracts for difference according to this law, and also transposition and implementation of the European Union law accepted in the context of the obligations undertaken within the Agreement on creation of Energy community.".

5. In Article 6:

Items b) and c) parts (to state 1) in the following edition:

"b) achievement of the minimum share of energy consumption from renewable sources in gross final energy consumption calculated according to provisions of this law and established in the National integrated plan for energy and climate;

c) achievement of the minimum share of energy consumption from renewable sources in final energy consumption in the transport sector calculated according to provisions of this law and established in the National integrated plan for energy and climate;";

in part (2) word "in the energy national action plan from renewable sources", shall be replaced with words "in the National integrated plan for energy and climate,".

6. In Article 7:

the prolog of part (to state 1) in the following edition:

"Gross end use energy consumption from renewable sources is calculated according to Regulations on calculation of energy consumption from renewable sources and this Article and is determined as the amount of the following components:";

part (to add 2) after the words "in gross final energy consumption" with words ", determined according to Regulations on calculation of energy consumption from renewable sources and this Article,";

part (to "criteria of stability" to add 3) after words with the words "and to criteria of emission reduction of greenhouse gases";

part (to state 4) in the following edition:

"(4) When calculating the public organization on support of gross final consumption of the electric power from renewable sources according to Regulations on calculation of energy consumption from renewable sources considers the following:

a) the electric power from renewable sources developed by the power plants belonging to users of the mechanism net - accounting, to all categories of professional consumers, communities on energy from renewable sources, including their own consumption provided from renewable sources by use of available data on production by the power plants equipped with the measuring equipment, information provided directly by users of the mechanism net - accounting, and also using the methods allowing to estimate most precisely quantity of the made electric power and to avoid the double entry accounting is estimated;

b) the electric power made by pumped storage power plants at the expense of the water which is earlier repumped on higher level is not taken into consideration;

c) in case of the hybrid power plants using renewable and traditional power sources only that part of the electric power which is made from renewable sources is considered. For the purpose of these calculations the contribution of each power source is calculated on the basis of its energy content;

d) the electric power developed by hydroelectric power stations and wind installations is considered according to the rules of normalization provided by the provision specified in this part.";

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