ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 29, 2024 No. 365

About approval of obligation on storage of natural gas

Based on part (2-1) Articles 4 and articles 108-2 and 108-3 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: the Government

1. Appoint Energocom joint-stock company - the company having the license for supply of natural gas and having experience of transactions with natural gas and its storages, the obligation carrier on storage.

2. The amount of natural gas to which the obligation on storage extends is determined proceeding from total quantity of natural gas which shall be provided in the form of inventories in storages in member countries of Energy community, and/or in member states of the European Union what corresponds to the level at least 15% of annual average consumption of natural gas by the final consumers in the Republic of Moldova connected to networks of the natural gas of licensed system operators determined for the last 5 calendar years less amount of the natural gas which is stored in quality of reserve stocks, established according to regulations of the Order of the Government No. 668/2022 on creation and maintenance of reserve stocks of natural gas.

3. The total quantity of natural gas corresponding to the level of 15% of annual average consumption of natural gas of the final consumers in the Republic of Moldova connected to networks of natural gas of licensed system operators, determined for the last 5 calendar years (2019-2023) is calculated at the 149,5 level of one million cubic meters. In case of determination of amount of natural gas to which the obligation on storage extends the amount of natural gas in the amount of 47,1 of million cubic meters which is subject to storage as reserve stocks since October 1, 2024 is subtracted from the total amount of natural gas in the amount of 149,5 of million cubic meters.

4. Based on parts (3) and (4) article 108-2 of the Law No. 108/2016 on natural gas to assign to Energocom joint-stock company obligation on storage of natural gas of 50 million cubic meters in storages of member countries of Energy community and/or in member states of the European Union. The obligation on storage provided by this Item is the obligation assigned in general economic interests.

5. the Energocom joint-stock company acquires the natural gas intended for discharge of duty on storage during the competitive procurement procedure or according to the rules applied in the natural gas markets and on trading floors on which natural gas is bought. In exceptional cases the Energocom joint-stock company can buy natural gas by means of directly the approved agreements provided that it will prove to National regulation agency in power that purchase price on the basis of directly the approved agreements is competitive in comparison with the price on the basis of the competitive procedure of purchases.

6. For the purpose of accomplishment of obligation on storage, stipulated in Item 4, the Energocom joint-stock company undertakes necessary measures for reservation of capacity in installations for storage and the transferring capacity in cross-border intersystem Items, and also signs the relevant agreements with operators of the transferring systems, operators of installations for storage and/or with other participants of the natural gas market from member countries of Energy community and/or member states of the European Union where there are such installations for storage.

7. the Energocom joint-stock company shall keep separate account of the bargains concluded in connection with accomplishment of obligation on storage and inform the Government and National regulation agency in power on each concluded bargain, with submission of related documents according to their requirement. Information on the concluded bargains shall include:

1) amount of the purchased natural gas;

2) purchase price;

3) data on the seller;

4) the accompanying devolution agreements and storage of natural gas;

5) other important data.

8. The expenses connected with creation and content of the inventories of natural gas which are obligation subject of storage include the cost of natural gas, cost of the conclusion of the service agreement on storage, the expenses connected with leave and transfer of the corresponding inventories and also other costs of the carrier of obligation on storage in connection with creation and maintenance of the inventories of natural gas provided by obligation on storage.

9. For accomplishment of the obligation on storage established in Item 4, Energocom joint-stock company can use own means or use the external loans which are directly attracted with it - the financial resources refinanced at the expense of the external state loans attracted with the Government on behalf of the Republic of Moldova and/or the financial resources allocated from the government budget with their return after introduction into circulation of natural gas according to Items 10-17. For accomplishment of obligation on storage the Energocom joint-stock company can receive grants or other non-paid means. In case of establishment by the National agency on regulation in power of regulated price according to part provisions (7) article 108-3 of the Law No. 108/2016 on natural gas the costs connected with creation and maintenance of the inventories of natural gas provided by obligation on storage which were covered at the expense of grants or other non-paid means are not considered.

10. The natural gas which is stored in the context of accomplishment of the obligation on storage established in Item 4, can be introduced into circulation in the natural gas market by Energocom joint-stock company during the period from November 1, 2024 to March 31, 2025. The exact amount of natural gas which can monthly be on sale during the corresponding period shall correspond as of the 1st day of every month to amount of the natural gas which is subject to storage in the context of accomplishment of obligation on storage which is divided into the number of the months which remained till April 1, 2025.

11. No later than October 10, 2024 the Energocom joint-stock company sends to all suppliers of the retail market the standard agreement developed on sample of EFET (The European Federation of Energy Traders - the European federation of the electric trading utility companies). Suppliers of natural gas in the context of the obligation on rendering public service, the stipulated in Article 89 Laws No. 108/2016 on natural gas, sign the corresponding standard agreements till October 20, 2024.

12. the Energocom joint-stock company till October 1, 2024 represents to the National agency of regulation in power request about approval of regulated price at which the natural gas provided by obligation on storage will be on sale (further - the regulated price of inventories of natural gas), and the proved and documentary confirmed calculation of the costs specified in Item 8.

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