RESOLUTION OF PARLIAMENT OF THE REPUBLIC OF MOLDOVA

of October 26, 2012 No. 238

About approval of the Regulations on the organization and functioning of the National agency on regulation in power

The parliament accepts this resolution.

Art. 1 - Approve Regulations on the organization and functioning of the National agency on regulation in power according to appendix.

Art. 2. - To the government to bring the regulations into accord with this resolution.

Art. 3. - This resolution becomes effective from the date of acceptance.

Appendix

Regulations on the organization and functioning of the National agency on regulation in power

Chapter I. General provisions

Scope

1. The regulations on the organization and functioning of the National agency on regulation in power (further - the Provision) establish legal status, tasks, the main functions, obligations and the rights, and also determine the organization and transparency of activities of the National agency on regulation in power (further - the Agency).

Legal status of the Agency

2. The agency is the regulating and controlling central public body in the field of power and public service of water supply and the sewerage, has the status of the legal entity and the cases except for provided by the law do not submit to any other state or private body.

3. The agency has own balance, the current bank accounts, including in foreign currency, seal with the State Emblem and the name.

Regulatory base of activities of the Agency

4. In the activities the Agency is guided by the Constitution of the Republic of Moldova, the laws applied in the field of power and public service of water supply and the sewerage, international agreements which party is the Republic of Moldova, other existing regulations regulating the field of power and public service of water supply and the sewerage and also this Provision.

5. The structure and extreme number of personnel of the Agency, form and payment procedure of work are established and affirm Administrative board within the budget approved by Parliament.

6. For the purpose of fulfillment of requirements of this provision the Agency cooperates with the central industry body, with National agency on protection of the competition, in particular by mutual provision of information necessary for application of provisions of the legislation in the field of protection of the competition and in the field of power and public service of water supply and the sewerage, with the ministries and other interested bodies of the central and local public government, with associations of consumers.

7. In case of accomplishment of the obligations the Agency can use consulting services, researches and the specialized help within the country or from abroad or to sign agreements on cooperation with other authorities, and also to apply programs of professional training and advanced training of the employees.

Chapter II. Tasks, main functions, obligations and rights of the Agency

Tasks

8. The agency implements policy of the state in the field of power and public service of water supply and the sewerage, provides regulation and monitoring of effective functioning of the markets and activities in the respective areas from the point of view of availability, openness, reliability, uninterruptedness, competitiveness and transparency on condition of observance of regulations of quality, safety and environmental protection.

Main functions

9. For the purpose of realization of the tasks on ensuring nondiscrimination, fair competition and effective functioning of energy market and public service of water supply and the sewerage Agency performs the following main functions:

a) develops and approves regulations, methodologies and other regulations in the field of power and public service of water supply and the sewerage in the cases provided by the current legislation;

b) exercises supervision of sectors of power, water supply and the sewerage and procedure for observance by the companies of these sectors of regulations in these areas;

c) stimulates, performs monitoring and provides the loyal competition in regulated sectors;

d) grants licenses for implementation of the authorized activities on energy markets and in the field of public service of water supply and the sewerage according to the Law on power No. 1525-XIII of February 19, 1998, the Law on the market of oil products No. 461-XV of July 30, 2001, the Natural Gas Act No. 123-XVIII of December 23, 2009, the Law on the electric power No. 124-XVIII of December 23, 2009, the Law on public service of water supply and the sewerage No. 303 of December 13, 2013, the Law on regulation of business activity by licensing No. 451-XV of July 30, 2001;

e) according to the procedure and in the limits set specified in the subitem d) the laws, traces and controls observance by licensees of the established conditions of implementation of the permitted types of activity;

f) in cases and according to the conditions provided in the laws specified in the subitem d), makes changes to the granted licenses, stops their action or withdraws them;

g) pursues the adequate tariff policy corresponding to the principles of market economy so that equally to provide both protection of the rights of final consumers, and profitability of the companies of the energy sector and public service of water supply and the sewerage;

h) in the cases provided by the law approves the rates calculated according to the methodology approved by the Agency and performs monitoring of correctness of their application;

i) controls observance by the companies of the energy sector and public service of water supply and the sewerage of the principle of maximum efficiency in case of the minimum costs used during the calculating and representation on approval of rates for regulated types of activity;

j) promotes protection of the rights and legitimate interests of consumers and exercises control of observance of the rights of consumers, considers petitions and claims of consumers and permits within the competence of disagreement, arising between consumers and suppliers.

Obligations

10. For the purpose of accomplishment of the main functions assigned to it in cases and on the conditions provided by the law, the Agency performs the following powers:

1) in the field of power industry and natural gas:

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