LAW OF THE REPUBLIC OF MOLDOVA

of December 28, 2023 No. 429

About modification of some legal acts

The Parliament adopts this organic law.

This law shifts:

- Articles 2, 5, 6c, 7, 9, 10 and appendix III to Regulations (EU) 2017/1938 of October 25, 2017 the European parliament and Council about measures for guaranteeing safety of supply of gas and about cancellation of Regulations (EU) No. 994/2010, of the European Union published in the Official magazine of L 280 of October 28, 2017, in the option adapted and approved by the Decision of Council of Ministers of Energy community No. 2022/01/MC-EnC of September 30, 2022;

- articles 3a and 13 Regulations (EU) No. 715/2009 of July 13, 2009 the European parliament and Council about conditions of access to gas transmission networks and about cancellation of Regulations (EU) No. 1775/2005, of the European Union published in the Official magazine of L 211 of August 14, 2009, in the option adapted and approved by the Decision of Council of Ministers of Energy community No. 2011/02/MC-EnC, and No. 2022/1032 of the European parliament and Council changed by Regulations (EU) of June 29, 2022 about modification of regulations (EU) No. 2017/1938 and No. 715/2009, published in the Official magazine of the European Union by L 173 of June 30, 2022 in the option adapted and approved by the Decision of Council of Ministers of Energy community No. 2022/01/MC-EnC of September 30, 2022.

Art. I. - In the Natural Gas Act No. 108/2016 (Official monitor of the Republic of Moldova, 2016, Art. No. 193-203, 415), with subsequent changes, to make the following changes:

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

"This law shifts:

- Article 1-42, 44-48, and also appendix I to the Directive 2009/73/EU of the European parliament and Council of July 13, 2009 about general rules of the domestic market of natural gas and cancellation of the Directive 2003/55/EU published in the Official magazine of the European Union by L 211 of August 14, 2009 in the option adapted and approved by the Decision of Council of Ministers of Energy community No. 2011/02/MC-EnC of October 6, 2011;

- Articles 2, 5, 6c, 7, 9, 10 and appendix III to Regulations (EU) 2017/1938 of October 25, 2017 the European parliament and Council about measures for guaranteeing safety of supply of gas and about cancellation of Regulations (EU) No. 994/2010, of the European Union published in the Official magazine of L 280 of October 28, 2017, in the option adapted and approved by the Decision of Council of Ministers of Energy community No. 2022/01/MC-EnC of September 30, 2022;

- articles 1-3a, 13, 15-22, 24 and appendix I to Regulations (EU) No. 715/2009 of July 13, 2009 the European parliament and Council about conditions of access to gas transmission networks and cancellation of Regulations (EU) No. 1775/2005, of the European Union published in the Official magazine of L 211 of August 14, 2009, in the option adapted and approved by the Decision of Council of Ministers of Energy community No. 2011/02/MC-EnC, and No. 2022/1032 changed by Regulations (EU) of June 29, 2022 the European parliament and Council about modification of regulations (EU) No. 2017/1938 and No. 715/2009, published in the Official magazine of the European Union by L 173 of June 30, 2022 in the option adapted and approved by the Decision of Council of Ministers of Energy community No. 2022/01/MC-EnC of September 30, 2022;

- Articles 3, 6, 10, 12, 14, 17-20 and 34 Regulations (EU) No. 2017/460 of the Commission of March 16, 2017 about approval of the Network code concerning the harmonized structures of rates for gas transportation, the European Union published in the Official magazine L 72 of March 17, 2017, in the option adapted and approved by the Solution of the Standing group of high level of Energy community No. 2018/07/PHLG-EnC of November 28, 2018;

- Regulations (EU) No. 1227/2011 of October 25, 2011 the European parliament and Council about fair behavior of participants and transparency of wholesale energy market published in the Official magazine of the European Union by L 326 of December 8, 2011 in the option adapted and approved by the Decision of Council of Ministers of Energy community No. 2018/10/MC-EnC of November 29, 2018.".

2. In Article 2:

state the concept "certification" of the following edition:

"certification - the procedure within which observance by the operator of the transferring system, the operator of installation for storage of the requirements concerning their department and independence and also other major requirements imposed to the operator of the transferring system, the operator of installation for storage by this law and which is the precedent condition of appointment of the operator of the transferring system, the operator of installation for storage by licensing is considered;";

state the concept "account of operational balancing" of the following edition:

"the operational account of balancing - the account between operators of the adjacent transferring systems used for management of difference of the direction of flow to intersystem Item for the purpose of simplification of accounting of natural gas for the users of system concerning intersystem Item;";

after the concept "installation for connection" to add Article with concept of the following content:

"installation for underground storage - installation for storage which belongs and/or is operated by the gas company is used for storage of natural gas, including balancing inventories, and is connected to the transferring or distribution network, except for land spherical reservoirs or the storage which is built in in the pipeline;";

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

"task on creation of inventories of natural gas - the task, obligatory for accomplishment, connected with the inventory level of natural gas in relation to cumulative capacity of installations for underground storage, determined for member countries of Energy community or member states of the European Union in which there are installations for underground storage;";

state the concept "operator of gas storage" of the following edition:

"the operator of installation for storage - the gas company having the license for storage of natural gas performing activities for storage of natural gas and operating installation for storage;";

in the concept "member of Energy community" of the word", and also" to exclude the European Union and its state members;

in the concept "energy products of the wholesale market":

in Item a) words "Energy community;" shall be replaced with words "Energy community, member states of the European Union;";

in Item b) words "Energy community;" shall be replaced with words "Energy community, member states of the European Union;";

state the concept "small economic society" of the following edition:

"small enterprises - the companies in the sense determined in the Law on the small and medium companies No. 179/2016;";

after the concept "gas control Item" to add Article with concepts of the following content:

"balancing inventory - amount of not liquefied natural gas, which:

a) it is bought, controlled and stored in installations for underground storage by operators of the transferring systems or the subject appointed only for accomplishment of functions of operators of the transferring systems and safety of supply with natural gas; and

b) it is used only in case it is necessary for maintenance of safe and reliable system operation of natural gas;

the reserve stock - amount of the not liquefied natural gas which is stored in installations for storage which is bought, controlled and stored by the subject appointed for creation and maintenance of reserve stocks according to Article 1081, and can be used in accordance with the terms, provided by part (8) the specified Article;".

3. In Article 4:

in Item k) parts (words of "artificial gas storages" shall be replaced with words 1) "installations for storage of natural gas";

add Article with part (2-1) following of content:

"(2-1) Government take necessary measures for ensuring use till November 1 of each calendar year of capacities on storage of natural gas in installations for storage of other member countries of Energy community, member states of the European Union which correspond to the level at least 15 percent of annual average consumption of natural gas by the final consumers of the Republic of Moldova connected to networks of the natural gas of licensed system operators determined for the period, consisting of the last five calendar years. The inventories of natural gas which are subject to creation for this purpose include the inventories provided by Articles 108-1-108-3.".

4. In part (1) Article 7:

Item e) after the word of "relations" to add with the words "and exchange of information";

Item f) to state in the following edition:

"f) approves agreements, agreements between the candidate for operators / the independent system operator and owners/owners of the transferring networks of natural gas, including lease agreements, or the resolutions establishing contents of the relevant agreements in provided by part (6) Articles 26 cases;";

add part with the Items e-1), f-1) and f-2) of the following content:

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