LAW OF THE REPUBLIC OF MOLDOVA

of April 11, 2024 No. 74

About actions in the field of climate

The Parliament adopts this organic law.

This law shifts:

a) Articles 1, 2, 3a, 3g, 3ga, 3gd, 3ge, 3h, 4–6, 10d, 12, 14, 15, 15a, 18, appendices I, IV and V of the Directive 2003/87/EU of the European parliament and Council of October 13, 2003 about organization of system of trade in quotas for emission of greenhouse gases in the Union and about change of the Directive 96/61/EC (the text concerning EEP) published in the Official magazine of the European Union by L 275 of October 25, 2003 (CELEX: 02003L0087), with the subsequent changes made by the Directive (EU) 2023/959 European parliament and Council of May 10, 2023 about change of the Directive 2003/87/EC installing system of trade in quotas for emissions of greenhouse gases within the Union, and Decisions (EU) 2015/1814, of the concerning creation and functioning of reserve of stability of the market for system of trade in quotas for emissions of greenhouse gases of the Union;

b) Articles 1, 15 and 16 Regulations (EU) 2018/1999 European parliament and Council of the December 11, 2018 for management of the energy union and fight against climate change changing regulations (EU) to No. 663/2009 and (EU) No. 715/2009 of the European parliament and Council, the directive 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/ES, 2012/27/ES and 2013/30/ES of the European parliament and Council, directives 2009/119/EC and (EU) 2015/652 of Council, and canceling Regulations (EU) No. 525/2013 of the European parliament and Council (the text concerning EEP) published in the Official magazine of the European Union by L 328 of December 21, 2018 (CELEX: 32018R1999), with the subsequent changes made by Regulations (EU) 2023/857 European parliament and Council of the April 19, 2023 changing Regulations (EU) 2018/842 about obligatory annual emission reduction of greenhouse gases state members during the period from 2021 to 2030 promoting actions in the field of climate for accomplishment of obligations under the Parisian agreement and the Regulations (EU) 2018/1999;

c) Articles 2, 4, 5, 9 and 11 Regulations (EU) 2021/1119 European parliament and Council of June 30, 2021 about establishment of framework for achievement of climatic neutrality and about modification of Regulations (EU) No. 401/2009 and (EU) 2018/1999 ("The law on the European climate") published in the Official magazine of the European Union by L 243 of July 9, 2021 (CELEX: 32021R1119);

d) Articles 1-4 and 16 of Regulations (EU) 2015/757 European parliament and Council of April 29, 2015 about monitoring, the reporting and check of emissions of the carbon dioxide on sea transport and modification of the Directive 2009/16/EC (the text concerning EEP) published in the Official magazine of the European Union by L 123 of May 19, 2015 (CELEX: 32015R0757), with the subsequent changes made by Regulations (EU) 2023/957 European parliament and Council of May 10, 2023 about modification of Regulations (EU) 2015/757 for the purpose of inclusion of activities in the field of sea transport to system of the EU on trade in quotas for emissions and also monitoring, the reporting and check of additional emissions of greenhouse gases and emissions from other types of vessel;

e) Articles 1 and 3-7 of the Directive 1999/94/EU of the European parliament and Council of December 13, 1999 about availability to information users about economy of fuel and amount of emissions of carbon dioxide concerning the realization of new cars published in the Official magazine of the European Union by L 12 of January 18, 2000 (CELEX: 31999L0094), with the subsequent changes made by Regulations (EU) No. 1137/2008 of the European parliament and Council of October 22, 2008 adapting for the Decision 1999/468/EU Councils some acts falling under the procedure, stipulated in Article 251 agreements concerning the procedure of regulation with check – Adaptation to the procedure of regulation with check – the Part one.

Chapter I General provisions

Article 1. Subject and purpose of the law

(1) This law establishes the regulatory base for the actions in the field of climate directed to accomplishment of task on achievement of climatic neutrality by 2050 for the purpose of accomplishment of the long-term task provided by the Parisian agreement ratified by the Law No. 78/2017, on global temperature and also the regulatory base for the purpose of achievement of progress in accomplishment of global task on adaptation to climate changes.

(2) the Purpose of this law is ensuring gradual and irreversible emission reduction of greenhouse gases for the purpose of protection of health of the population, integrity of ecosystems and biodiversity against the threats caused by climate changes, increase in adaptation potential and decrease in vulnerability of society to climate changes, increase in resistance to climate changes, using the financial mechanism of pricing on emissions of carbon dioxide (further also – CO2) and the principle "the pollutant pays".

Article 2. Scope of application

(1) Provisions of this law are applied to anthropogenic emissions from sources and to deduction by sequestration by absorbers of the greenhouse gases established by the National monitoring system and the reporting on emissions of greenhouse gases and other climate changes necessary information approved by the Government.

(2) Norma, conditions and the restrictions applicable to the fluorinated greenhouse gases are regulated by the Law on the fluorinated greenhouse gases No. 43/2023.

Article 3. Purposes of this law

This law pursues the following aims:

a) ensuring development and implementation of program documents and planning documents for accomplishment of the national tasks and purposes established according to the Parisian agreement and also tasks in the field of the power and climate established according to the Agreement on creation of Energy community which the Republic of Moldova joined the Law No. 117/2009 (further – the Agreement on Energy community);

b) ensuring planning of allocation of necessary financial resources for achievement of progress in development with the low level of emissions of greenhouse gases and increase in climatic stability according to the obligations established in the Parisian agreement and the Agreement on Energy community;

c) ensuring complete, urgent, transparent, exact, consecutive and comparable monitoring of emissions of greenhouse gases, and also the complex reporting on the made progress in development and realization of policy on mitigation of the consequences of climate changes and adaptation to them;

d) ensuring access of the public to information on planning in the field of emission reduction of greenhouse gases and adaptation to climate changes, development of program documents and planning documents in the field of mitigation of the consequences of climate changes and adaptation to them and assessment of their realization.

Article 4. Basic concepts

For the purposes of this law the following concepts are used in value:

absorption or deduction by sequestration – process, action or the mechanism which delete greenhouse gas, aerosol or precursor of greenhouse gases by absorption or sequestration from the atmosphere;

adaptation – process of adaptation of natural and anthropogenous systems determined by the person to the current variability of climate or future climate changes for the purpose of mitigation of damage or studying of opportunities of receipt of benefit;

adaptation on the basis of ecosystem – the decision based on natural environment, using biodiversity and ecosystem services for decrease in vulnerability and increase in resistance to climate changes;

shipowner – the physical person or legal entity operating the vessel irrespective of whether it exploits him as the owner or on other legal causes;

the new car – the car which was never on sale to person which purchased it with other purpose than to sell or deliver it to the third party;

adaptation potential – capability of system to adapt to climate changes, including variability of climate and extreme weather events, for the purpose of mitigation of potential damage and use of the arising opportunities or management of effects;

flight – movement of the vessel which begins or comes to an end in port of call and is used for transportation of passengers or goods for commercial purposes;

fossil fuel – unrenewable energy resources on the basis of carbon, and also solid fuel, natural gas and oil;

shipping company – the owner of the vessel or any other organization or person, for example, the managing director or the freighter of the vessel on bare-boat charter which assumed responsibility for operation of the vessel instead of his owner and which, assuming this responsibility, agreed to undertake all obligations and responsibility imposed by the International code on management of safe operation of courts and prevention of pollution;

the contribution determined at the national level (further – ONUV) – the obligation undertaken by the country on emission reduction of greenhouse gases and mitigation of the consequences of climate changes according to the Parisian agreement, the document in which the national purposes, tasks and measures for emission reduction of greenhouse gases and adaptation to climate changes for accomplishment of global tasks are stated;

carbon dioxide equivalent – unit used for comparison of emissions of different greenhouse gases on the basis of their potential of global warming;

adverse effects of climate changes – the changes of the physical circle or live organisms caused by climate changes, making essential harmful effects on structure, stability or productivity of natural and anthropogenous ecosystems, and also on functioning of social and economic systems or on health and wellbeing of the person;

anthropogenous removal – absorption of greenhouse gases from the atmosphere as a result of purposeful activities of the person;

anthropogenic emissions – the emission in the atmosphere of greenhouse gases or their precursors from stationary or diffusion sources connected with activities of the person;

greenhouse gases (further also – PG) – mix of gases (water vapor, carbon dioxide, methane, nitrogen oxide, hydrofluorocarbons (GFU), being gaseous components of the atmosphere of natural or anthropogenous origin, absorbing thermal or infrared radiation;

installation – stationary technical unit on which one or several types of activity listed in appendix 1, and also any kind of activities are performed, directly technically connected with the activities performed on the respective site, and capable to lead to emissions and pollution;

the mechanism of cross-border carbon adjustment (further – SVAM) – the regulation mechanism on border depending on emissions of carbon dioxide realized by the European Union for the purpose of emission reduction of carbon dioxide, establishment of fair price on the carbon dioxide emitted in case of production of the uglerodoyemky goods arriving to the European Union and encouragement of more net industrial production by means of methodology of calculation of the performed emissions according to the Parisian agreement;

climatic neutrality – achievement of balance between emissions of greenhouse gases and their deduction by sequestration from the atmosphere;

The national integrated plan for energy and climate (further also – NIPEK) – the main document of strategic planning determining national tasks by each of five directions specified in part (4) article 71 of the Law on power No. 174/2017, and also the corresponding politicians and measures necessary for accomplishment of these tasks;

national adaptation planning (further –
NAP) – method of planning and realization of actions for adaptation to climate changes at the national level in the medium and long term for the purpose of decrease in vulnerability and increase in resistance to climate changes;

potential of global warming – cumulative radiative effects by direct and indirect impact during the certain period of time owing to emission of one kilogram of greenhouse gas in comparison with the radiative effects resulting from emission of one kilogram of CO2 within 100 years;

the report on verification – the document developed by the independent verifier accredited according to standards of emission reduction;

emission reduction – removal or deduction by sequestration of one or several greenhouse gases from the atmosphere either prevention or emission reduction of one or several greenhouse gases;

resistance to climate changes – capability of social, economic or nature protection systems to manage climatic violations by the response or transformations keeping their main functions, identity and structure, and also capability to adaptation, training and transformation;

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