ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of October 30, 2024 No. 728

About approval of the Regulations on emergency situations in the sector of natural gas and the Action plan in emergency situations in the sector of natural gas

According to Item e) parts (1) Article 4 and articles 103-108 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

This resolution partially shifts (shifts Article 1, Article 2, of part (1) - (5) Articles 3, of part (2) - (4) Articles 4, of part (1), (2), (4) - (8) Articles 5, Article 6, article 6c, parts (3) - (7) Articles 7, of part (1), (2), (4), (7) - (12) Articles 8, of part (1), (3) - (11) Articles 9, Article 10, of part (1), (2), (4) - (9) Articles 11, of part (1), (3), (4), (6) - (12) Articles 14, Article 15, of appendix II, V, VI, VII and VIII) Regulations of the European parliament and Council of the European Union 2017/1938 of October 25, 2017 about measures for safety of supply of gas, and also about cancellation of Regulations (EU) of 994/2010, European Union published in the Official Magazine of L 280 of October 28, 2017, in option, adapted and approved by the Decision of Council of Ministers of Energy Community No. 2022/01/MC-EnC of September 30, 2022 which included the changes made by Regulations (EU) 2022/1032 European parliament and Council of June 29, 2022 on change of Regulations (EU) of 2017/1938 and (EU) No. 715/2009 about gas storage.

1. Approve:

1.1. Regulations on emergency situations in the sector of natural gas, according to appendix No. 1;

1.2. The action plan in emergency situations in the sector of natural gas, according to appendix No. 2.

2. Declare invalid the Order of the Government No. 207/2019 about approval of the Regulations on emergency situations in the natural gas market and the Action plan in case of emergency situations in the natural gas market (The official monitor of the Republic of Moldova, 2019, Art. No. 148-158, 260), with subsequent changes.

3. In item 4 of appendix No. 2 to the Order of the Government No. 1340/2001 about the Commission on emergency situations of the Republic of Moldova (Official monitor of the Republic of Moldova, 2001, Art. No. 150-151, 1387), with subsequent changes, shall be replaced with words the words "in the market" "in the sector".

4. To impose control of execution of this resolution on the central industry body of public management in the field of power.

Countersign: Minister of Energy of the Republic of Moldova

Victor Parlikov

Minister of Internal Affairs of the Republic of Moldova

Adrian Efros

 

Appendix № 1

to the Order of the Government No. 728/2024

Regulations on emergency situations in the sector of natural gas

Chapter I. General provisions

Section 1. General provisions

1. The regulations on emergency situations in the sector of natural gas (further - the Provision) establish the regulations aimed at safety of supply with natural gas by providing proper and uninterrupted and functioning of the natural gas market, allowing to apply exclusive measures when the market is not able to provide necessary amount of natural gas any more, accurately determining and distributing obligations between the gas companies, the Government and National regulation agency in power (further – NARE) in the relation of both preventive measures, and response to interruptions in supply with natural gas. In the Provision transparent mechanisms of coordination of planning of measures and emergency response at the national level and in other member countries of Energy community and/or member states of the European Union for prevention, mitigation and management of crises in the field of natural gas are established.

2. Main objectives of the Provision:

2.1. exhaustive establishment of obligations of bodies of the public power and the gas companies, in particular the operator of the transferring system (further – OPS), and also coordination of their actions in emergency situations in the sector of natural gas (further – emergency situations);

2.2. establishment of criteria for identification of the protected consumers;

2.3. establishment of the criteria for risks assessment connected with safety of supply with natural gas;

2.4. establishment of the standards connected with infrastructure and safety of supply with natural gas;

2.5. establishment of contents of the Action plan in emergency situations in the sector of natural gas (further – the Action plan in emergency situations), two-piece: Plan of preventive actions and Plan of emergency situations.

2.6. ensuring proper and continued operation of the natural gas market and application of non-discriminatory, transparent and specific procedures for safety of supply with natural gas in case of emergency situations.

2.7. creation of necessary conditions for monitoring of safety of supply with natural gas.

3. For the purpose of this provision the concepts determined in the Law No. 108/2016 on natural gas (further – the Natural Gas Act), and also the following concepts are applied:

3.1. extremely great demand on natural gas - daily demand for the natural gas in cold season (from October to March) exceeding minimum for 20% the level of the average daily consumption registered during statistically observed cold climatic periods once in 20 years;

3.2. the interrupted consumers are not residential customers who are not belonging to the category of the protected consumers concerning whom application of measures for restriction and (or) interruption of supply of natural gas in case of emergency situation is possible, acknowledged that according to the procedure determined according to the Action plan in emergency situations.

3.3. Coordination panel of Energy community on safety of supply with natural gas – the group created for assistance of coordination of measures for safety of supply of natural gas within Energy community.

3.4. the major social service – the service provided in connection with medical care, the major public assistance, emergency relief, the help in safety issues, in connection with education or public administration.

Section 2. Responsibility for safety of supply with natural gas

4. Safety of supply with natural gas represents the responsibility distributed between the gas companies, the Government (by means of the Commission on emergency situations of the Republic of Moldova (further – the Commission)) and the central industry body of public management in the field of power (further – the central industry body) and NARE, according to institutional and functional competences and includes determination, monitoring of accomplishment of the preventive and emergency measures necessary for the prevention of emergency situations, accomplishment of measures during emergency situations, and also for elimination of effects of emergency situations. For this purpose the Government, NARE and the operator of the transferring system perform the powers provided by the Natural Gas Act and help bilateral and regional cooperation in the field of safety of supply with natural gas.

5. In the Republic of Moldova, the competent authority responsible for ensuring accomplishment by responsible subjects of the measures provided by this Provision and the Action plan in emergency situations is the central industry body. Consideration of the notification on emergence of emergency situation in the sector of natural gas and establishment of existence of emergency situation in the sector of natural gas is entrusted to the commission.

6. The central industry body informs the Secretariat of Energy community on the name of the body appointed by the Government in the context of Item 5.

Section 3. Powers of the Commission

7. The commission which structure is determined according to Appendix No. 1 to the Order of the Government No. 1340/2001 about the Commission on emergency situations of the Republic of Moldova performs the following powers connected with safety of supply with natural gas:

7.1. considers the notification on emergence of emergency situation in the sector of natural gas and states emergence of emergency situation in the sector of natural gas;

7.2. assumes, in case of establishment of emergency situation in the sector of natural gas, obligation on management of emergency situation and coordinates all actions which shall be undertaken by the gas companies, in particular OPS, other participants of the natural gas market, and also action of NARE, action of the central industry bodies or bodies of the central public management, according to this Provision and the Action plan in emergency situations;

7.3. makes decisions on application of the exclusive measures necessary for settlement of emergency situation, including for elimination or minimization of effects of emergency situation;

7.4. makes the decision on complete or partial use of natural gas from reserve stocks, according to Article 108-1 of the Natural Gas Act No. 108/2016;

7.5. makes the decision on input in turnover on the natural gas market within year, in parts or in full, of the available amount of the natural gas provided by obligation on storage according to Articles 108-2 and 108-3 of the Natural Gas Act;

7.6. represents to the Government the report on need of introduction of emergency state according to the Law No. 212/2004 on the modes of emergency, obsidional and warlike situation depending on gravity of the situation which developed in connection with restriction or the termination of supply with natural gas and nature of measures which need to be accepted for settlement of the created situation;

7.7. analyzes nature, the reasons and effects of emergency situations, efficiency of the taken measures for ensuring supply with natural gas of the protected consumers, for mitigation of consequences of emergency situations, and also estimates other important information;

7.8. appoints, if necessary, for providing continuity of supply with natural gas, in particular, the protected consumers, the supplier who will buy natural gas in emergency situations for the purpose of its resale to suppliers in the retail market of natural gas or – based on the decision of the Commission on emergency situations – to final consumers. In case of need, for implementation of these purchases, the Commission can dispose about allocation of financial resources;

7.9. assigns, as necessary, to the suppliers and traders of the wholesale market of natural gas, suppliers of the retail market of natural gas performing the activities for supply of natural gas for regulated prices or for contract prices and also to traders, to sell obligation to the supplier appointed according to subitem 7.8 natural gas in quantities and at the prices established in their agreements on purchase and sale of natural gas existing at the time of the announcement of emergency situation or to yield the rights which they have according to purchase and sale agreements of natural gas;

7.10. obliges, as necessary, owners of licenses to sign agreements, to make other actions necessary for ensuring supply with natural gas of final consumers, and establishes terms of their execution;

7.11. makes decisions on application of the exclusive measures (which are not provided by the Plan of emergency situations) for accident elimination in system of natural gas and ensuring protection of the population and property;

7.12. informs the population, by means of mass media, on the reasons and scales of emergency situations, on the measures taken by the gas companies and bodies responsible for their prevention and liquidation of their effects, protection of the population and property for acquaintance of the population with rules of conduct in emergency situations, and also with the measures taken for supply with natural gas of the protected consumers;

7.13. can make the decision on priority supply of natural gas to the certain power plants, combined heat and power plants and/or boiler rooms making electrical and/or heat energy from natural gas to the detriment of supply with natural gas to certain categories of the protected consumers;

7.14. establishes the termination of emergency situation in the sector of natural gas;

7.15. carries out other powers established by the Natural Gas Act, the Law No. 212/2004 on the modes of emergency, obsidional and warlike situation, the Provision of the Commission on emergency situations of the Republic of Moldova, approved by the Order of the Government No. 1340/2001, in this Provision and in the Action plan in emergency situations.

8. Record keeping of the Commission on emergency situations of the Republic of Moldova provides the General inspectorate on emergency situations in subordination of the Ministry of Internal Affairs, according to regulations of Article 6 of the Order of the Government No. 1340/2001 on the Commission on emergency situations of the Republic of Moldova.

9. According to Item 13 of Appendix No. 2 of the Order of the Government No. 1340/2001 on the Commission on emergency situations of the Republic of Moldova, in case of threat of origin or elimination of effects of emergency situations activities of the Commission are provided with the Center for regulation in emergency situations formed in case of the General inspectorate on emergency situations in subordination of the Ministry of Internal Affairs.

Section 4. Role in NARE in safety of supply with natural gas

10. NARE promotes safety of supply with natural gas and development of measures for safety of supply with natural gas.

11. NARE cooperates with the central industry body of public management in the field of power in connection with development of the Regulations on emergency situations in the sector of natural gas and control over the implementation of the preventive and emergency measures established in the Action plan in emergency situations in the sector of natural gas.

12. In case of emergency situation in the sector of natural gas, NARE performs the following powers:

12.1. assigns to the gas companies of the obligation for rendering public service according to Item a) parts (3) Article 11 of the Natural Gas Act and monitoring of their observance performs;

12.2. stops according to part (3) articles 16 action of the license which owner does not submit to decisions of the Commission on emergency situations of the Republic of Moldova, decisions and resolutions NARE, and appoints other owner of the license for implementation of the licensed activities instead of the owner of the license whose license was suspended;

12.3. approves regulated rates and the prices according to the procedure, established by part (7) Article 9 of the Natural Gas Act;

12.4. according to Article 105-2 of the Natural Gas Act establishes the payments which are subject to payment by owners of licenses in connection with accomplishment of decisions of the Commission;

12.5. provides that the investment projects connected with the new infrastructure of the transferring networks of natural gas provided in the development plan for the transferring network of natural gas of the operator of the transferring system of natural gas promoted safety of supply with natural gas by development of properly connected network of natural gas, including, if necessary, enough cross-border entrance and output Items, depending on demand for natural gas in the market and the revealed risks;

12.6. performs monitoring of observance by owners of licenses of decisions of the Commission on emergency situations of the Republic of Moldova, including accomplishment of the signed agreements, realization of other actions according to its decisions, and according to the established law to powers takes necessary actions for ensuring proper observance and accomplishment by owners of licenses of adequate measures;

12.7. performs monitoring and provides accomplishment of obligations by the gas companies for creation and maintenance of the reserve stocks of natural gas necessary for ensuring reliability of supply with natural gas, including the obligations connected with payment procedure of the financial contributions established according to the Natural Gas Act;

12.8. performs other powers which it is allocated according to the Natural Gas Act, in that measure in what they do not contradict decisions of the Commission on emergency situations of the Republic of Moldova.

Section 5. Powers of the central industry body for safety of supply with natural gas

13. The central industry body has the following powers:

13.1. carries out national risks assessment according to the criteria stated in Section 3 of Chapter IV on the basis of information provided by the gas companies and NARE;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info