ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 29, 2025 No. 253

About approval of the Regulations on realization of joint projects in the field of the electric power from renewable sources with one or several agreement parties about creation of Energy community, member states of the European Union or the third countries

Based on the part Item k 4) (1) article 10 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, DECIDES: the Government

This Resolution shifts Article 8-12 of the Directive (EU) 2018/2001 of the European parliament and Council of December 11, 2018 about promotion of energy use from renewable sources (CELEX: 32018L2001), published in the Official magazine of the European Union by L 328 of December 21, 2018, in the option adapted and approved by the Decision of Council of Ministers of Energy community No. 2021/14/MC-EnC of November 30, 2021.

1. Approve Regulations on procedure for realization of joint projects in the field of the electric power from renewable sources with one or several agreement parties about creation of Energy community, by member states of the European Union or the third countries it (is applied).

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

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

Approved by the Order of the Government of the Republic of Moldova of April 29, 2025 No. 253

Regulations on realization of joint projects in the field of the electric power from renewable sources with one or several agreement parties about creation of Energy community, member states of the European Union or the third countries

Chapter I. General provisions

Section 1 Subject of Regulation and Basic Concepts

1. The regulations on realization of joint projects in the field of the electric power from renewable sources with one or several agreement parties about creation of Energy community, member states of the European Union or the third countries (further - the Provision) establish the mechanism of international cooperation on realization of joint projects in the field of energy from renewable sources.

2. The mechanism of international cooperation creates possibility of cost reduction, necessary for accomplishment of the national task provided in Item b) parts (1) article 6 of the Law No. 10/2016 on promotion of energy use from renewable sources and flexibility in respect of observance of obligations assumed according to the Agreement on creation of Energy community provides.

3. For the purposes of this provision the concepts determined in the Law No. 10/2016 on promotion of energy use from renewable sources and also the following concepts are used:

3.1. state member - the member state of the European Union;

3.2. the third country - the country which is not the agreement party about creation of Energy community and not being the member state of the European Union;

3.3. the agreement party - the country which is agreement party of Energy community according to the Agreement on creation of Energy community;

3.4. joint project - the project jointly financed by one or several agreement parties, state members or the third countries in the field of renewable energy in electric utility sector or the sector of heating and chilling in which the made renewable energy is distributed between one or several agreement parties, state members or the third countries, with physical flow of the made energy or without it therefore the made energy joins in calculation of share of energy from renewable sources;

3.5. the agreement on joint project - the agreement signed on behalf of the Government with one or several agreement parties, state members or the third countries for realization of joint project.

The Section 2 Purpose and tasks of cooperation on joint projects

4. Depending on the level of accomplishment of the national task established in Item b) parts (1) article 6 of the Law No. 10/2016 on promotion of energy use from renewable sources, the central industry body of public management in the field of power determines need of joint project with the following parties:

4.1. with one or several agreement parties or state members for production of electricity, energy from renewable sources for heating or chilling; or

4.2. with the third country for production of electricity from renewable sources, and also with sales opportunity of joint project in cooperation with other agreement parties.

5. The private sector can be attracted to the cooperation provided in item 4, the cooperation is performed in full accordance with international law.

6. Joint projects are based on objective, transparent and non-discriminatory criteria.

Chapter II. Determination of need of joint project

7. For the purpose of determination of need of joint project according to item 4 the central industry body of public management in the field of power annually analyzes data on development of the sector of renewable energy on the basis of the annual statements prepared by the public organization giving support in realization of state policy in the field of energy efficiency and promotion of energy use from renewable sources including data on progress in achievement of the national purpose in the field of the power from renewable sources provided in the Integrated national plan for power and climate for 2025-2030 approved by the Order of the Government No. 86/2025.

8. If there is risk of failure to carry out or probability of overfulfillment of the national task established in Item b) parts (1) article 6 of the Law No. 10/2016 on promotion of energy use from renewable sources, and also need of realization of joint project, the central industry body of public management in the field of power within 60 working days from the moment of detection of need of realization of joint project develops the preliminary feasibility statement which includes:

8.1. the analysis of sales opportunities of joint project in the territory of the Republic of Moldova;

8.2. determination of parties/agreement parties, the states-chlena/of state members or the third country / the third countries for realization of joint project;

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