ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 21, 2023 No. 1060

About the organization and functioning of public organization "National Center for Steady Energy"

(Extraction)

Based on Items b) and e) article 7 of the Law No. 136/2017 on the Government (The official monitor of the Republic of Moldova, 2017, No. 252, the Art. 412), with subsequent changes, parts (7) Article 14 and part (2) article 32 of the Law No. 98/2012 on the central branch public management (The official monitor of the Republic of Moldova, 2012, Art. No. 160-164, 537), with subsequent changes, Item h) parts (1) Articles 9, article 11 of the Law No. 139/2018 on energy efficiency (The official monitor of the Republic of Moldova, 2018, Art. No. 309-320, 476), with subsequent changes, DECIDES: the Government

1. Reorganize the Agency administrative authority on energy efficiency, subordinated to the Department of Energy, by transformation to public organization "National Center for Steady Energy".

2. To transfer property of the Agency administrative authority on energy efficiency in full to public organization "National Center for Steady Energy" according to the Regulations on procedure for transfer of objects of public property approved by the Order of the Government No. 901/2015.

3. Release of personnel in connection with reorganization of the Agency administrative authority on energy efficiency in case of impossibility of its translation and/or employment to perform according to the legislation on the state position and the status of the government employee and, on circumstances, with the labor law. To cover expenses on release of personnel for the expenditure account on compensation, provided in the budget of the Agency for energy efficiency or public organization "National Center for Steady Energy", allocated from the government budget.

4. Approve:

1) the Charter of public organization "National Center for Steady Energy", according to appendix No. 1;

2) Structure of public organization "National Center for Steady Energy", according to appendix No. 2;

3) to Organigramm of public organization "National Center for Steady Energy", according to appendix No. 3;

4) Changes which are made to some orders of the Government, according to appendix No. 4.

5. Establish the extreme number of public organization "National Center for Steady Energy" in number of 50 units.

6. To Department of Energy:

1) within one month from the date of entry into force of this resolution:

a) approve staff of Council of public organization "National Center for Steady Energy";

b) approve Regulations on Council of public organization "National Center for Steady Energy";

2) till 30 days from the date of publication of this resolution to create the commission on cession of property of public property. The transfer commission in 30-day time from the date of creation to submit for approval to the Department of Energy the property deed, specified in Item 3;

3) in 3-month time from the date of publication of this resolution:

a) develop and submit for approval to the Government the Program of financing of Fund of energy efficiency in the residential sector of the Republic of Moldova in value of Item e) parts (2) article 10 of the Law No. 139/2018 on energy efficiency;

b) develop and submit for approval to the Government methodology of calculation of rates, the list of services and the size of rates for the services provided by public organization "National Center for Steady Energy";

c) provide to the Government of the offer on modification of regulations to compliance with this resolution.

7. To the Minister of Energy in 3-month time from the date of publication of this resolution to appoint the director of public organization "National Center for Steady Energy". Before appointment of the director of public organization "National Center for Steady Energy" it is temporary to director of the Agency administrative authority of energy efficiency to take up this position and to take all stipulated by the legislation measures for reorganization process realization.

8. Declare invalid the Order of the Government No. 45/2019 about the organization and functioning of the Agency for energy efficiency (The official monitor of the Republic of Moldova, 2019, Art. No. 38-47, 71), with subsequent changes.

9. To impose control over the implementation of this resolution on the Department of Energy.

10. This resolution becomes effective since January 1, 2024.

Appendix No. 4

to the Order of the Government of the Republic of Moldova of December 21, 2023 No. 1060

Changes which are made to some orders of the Government

1. In the Order of the Government No. 118/2023 about the organization and functioning of the Department of Energy (Official monitor of the Republic of Moldova, 2023, Art. No. 85-86, 171), with subsequent changes, to make the following changes:

1) in the resolution:

a) 4) of Item 1 to declare the subitem invalid;

b) in Item 2 of figure "60" to replace with figures "73";

c) state Item 3 in the following edition:

"3. In the Ministry three state secretaries, one secretary general of the ministry, one deputy secretary general of the ministry and board act.";

d) add with Item 3-1 of the following content:

"3-1. Management of the Ministry of the property relating to the public sphere of the state, used in the course of implementation of activities for transmission of electricity, being on financial accounting of the operator of the transferring system of GP "Moldelectrica" is performed by the personnel functionally separate of government employees who perform the rights and obligations as the founder of GP "Moldelectrica". The ministry develops the internal regulations providing separation of functions, including mutual obligations on non-interference and prohibition of exchange of information, received by any of employees of the Ministry.

1) the Ministry uses independence in decision making when implementing to function of the founder of operator of the transferring system of GP "Moldelectrica", and other bodies of public management cannot influence the decisions made with respect thereto by the Ministry.

2) Function of the founder of operator of the transferring system

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