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

of May 28, 2024 No. 321

About approval of the Regulations on confirmation of the small status of the competent producer

Based on the part Item b 1) (1) Article 14 and part (2) article 36 of the Law No. 10/2016 on promotion of energy use from renewable sources (The official monitor of the Republic of Moldova, 2016, Art. No. 69-77, 117), with subsequent changes, the Administrative board of the National agency on regulation in power DECIDES:

1. Approve Regulations on confirmation of the small status of the competent producer it (is applied).

2. Declare invalid the Resolution of Administrative board of the National agency on regulation in power No. 251/2019 about approval of the Regulations on confirmation of the status of the competent producer (The official monitor of the Republic of Moldova, 2019, Art. No. 239-240, 1319), registered in the Ministry of Justice at No. 1474 of July 11, 2019.

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

4. This resolution becomes effective from the date of its publication in the Official monitor of the Republic of Moldova.

Approved by the Resolution of the National agency on regulation in power industry of the Republic of Moldova of May 28, 2024 No. 321

Regulations on confirmation of the status of the small competent producer

Section 1. Scope of application

1. The regulations on confirmation of the status of the small competent producer (further – the Provision) establish the transparent and non-discriminatory procedures and requirements applied in case of confirmation and withdrawal of the status of the small competent producer.

2. For the purpose of the Provision the determinations provided by the Law No. 10/2016 on promotion of energy use from renewable sources, the Law No. 107/2016 on the electric power and also the concept determined as follows are applied:

the applicant – the individual entrepreneur or the legal entity registered in accordance with the established procedure in the Republic of Moldova who owns or will become the owner of one or several power plants making the electric power from renewable sources with the cumulative installed capacity equal or smaller, than the capacity limit set by the Government according to Item e) article 10 of the Law No. 10/2016 on promotion of energy use from renewable sources, but component at least 10 kW, and petitions for confirmation of the status of the small competent producer.

3. The individual entrepreneur or the legal entity has no right to petition for confirmation of the status and/or to have the status of the small competent producer for the investment projects providing development of two or more power plants in production of electricity from renewable sources and using identical type of the production technology if their cumulative installed capacity exceeds the capacity limit set by the Government according to Item e) article 10 of the Law No. 10/2016 on promotion of energy use from renewable sources. In that case the individual entrepreneur or the legal entity registered in accordance with the established procedure in the Republic of Moldova shall/shall participate in the biddings on assignment of the status of the large competent producer according to article 35 of the Law No. 10/2016 on promotion of energy use from renewable sources. Replacement of the subject having the status of the small competent producer is not considered violation of provisions of this Item from the moment of acceptance of power plant by the creditor and/or the financing subject, according to part (4-4) articles 37 of the Law No. 10/2016 on promotion of energy use from renewable sources, no more than for 12 months.

4. The capacity limit set by the Government according to Item e) article 10 of the Law No. 10/2016 on promotion of energy use from renewable sources, is applied in total in case of the individual entrepreneurs and/or legal entities registered in accordance with the established procedure in the Republic of Moldova of the applicants and/or owners of the status of the small competent producer having the that/same physical person / physical persons who eventually own or control the corresponding individual entrepreneurs and/or legal entities by direct or indirect implementation of the property right to share in the number of shares either in voting powers, or by participation in the authorized capital (founders / shareholders / associated persons), irrespective of the size of contribution of each of them to the authorized capital and/or from the share belonging to them in the authorized capital; or by control by other means; on circumstances, the administrator(s) according to the paragraph of b) the subitem 1) parts (2) article 5-2 of the Law No. 308/2017 on the prevention and anti-money laundering and terrorism financing.

5. In case of the state companies, the municipal companies and commercial societies in which the state is participant or the shareholder requirements of Items 3 and 4 reckon as the executed bodies of public management with powers in the field of management of public property on condition of observance by the applicant of the limits of capacity set by the Government.

Section 2. Procedure of confirmation of the status of the small competent producer

6. Confirmation of the status of the small competent producer is performed by National Regulation Agency in Power (further – the Agency) by the principle "the first came, is serviced by the first", with observance of the requirements provided by the Provision.

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