of December 31, 2013 No. 1093
About approval of the Regulations on provision of energy services
According to Item c) article 7 of the Law No. 142 of July 2, 2010 on energy efficiency (The official monitor of the Republic of Moldova, 2010, Art. No. 155-158, 545), and also for the purpose of realization of state policy in the energy sector the Government DECIDES:
1. Approve Regulations on provision of energy services it (is applied).
2. Bodies of local public authority and the autonomous territorial entity Gagauzia are recommended to include agreements of energy efficiency in local programs for increase in energy efficiency.
3. To provide to the agency of energy efficiency the information help and methodological support of local public authority to bodies and suppliers of energy services for the conclusion of agreements of energy efficiency.
Deputy Prime Minister,
Minister of Economic Affairs
Approved by the Order of the Government of the Republic of Moldova of December 31, 2013 No. 1093
1. The regulations on provision of energy services (further - the Provision) are developed based on Item c) of article 7 of the Law No. 142 of July 2, 2010 on energy efficiency (The official monitor of the Republic of Moldova, 2010, Art. No. 155-158, 545), for the purpose of accomplishment of the Directive No. 2012/27/EU of the European Parliament and Council of October 25, 2012 about energy efficiency which makes changes to directives 2009/125/CE and 2010/30/EC and cancels the directive 2004/8/CE and 2006/32/CE published in the Official magazine of the European Union No. L/315 of November 14, 2012. The this provision purpose - creation of the regulatory base for implementation, developments of energy services and creation of the conditions necessary for agreement performance of energy efficiency in the country.
2. In the context of this provision concepts of the following content are used:
a) standard conditions - conditions, work-related all installations and the equipment provided in technical documentation, the legislation, regulating documents, standards, existing rules of specific consumption;
b) the guaranteed economy - the obligations undertaken by the supplier of energy services for the purpose of reduction of energy consumption and other operating expenses, creating, thus, the guaranteed economy level during the term of the agreement;
c) the supplier of energy services - the physical person or legal entity which is providing energy services or carrying out other measures for increase in energy efficiency for establishment of the device for the location of the final consumer;
d) cash flow - revenue stream or expenses during the certain period of time;
e) the established assumptions - quantitative parameters, data set and as necessary forecasts which were considered as reasons for calculation of future energy consumption and expenses in case of development of future scenario;
f) stable prices - the cost of all goods and services made in basis year, used in calculation of energy efficiency for the purpose of ensuring the corresponding calculations;
g) the basic scenario - the level of future energy consumption established in physical units which does not provide accomplishment of any measures for energy efficiency.
3. The agency of energy efficiency within powers, the stipulated in Article 9 Laws No. 142 of July 2, 2010 on energy efficiency and the Order of the Government No. 1173 of December 21, 2010. "About the Agency of energy efficiency", provides the following:
a) distribution of information on available agreements on provision of energy services and their conditions;
b) distribution of information on available financial instruments, incentives, grants and credits for support of development of energy services;
c) access for the public to the updated list of suppliers of energy services;
d) development of sample of the agreement of energy efficiency;
e) development of management under the agreement of energy efficiency;
f) informing the public on proper practicians of agreement performance of energy efficiency, including the analysis of costs benefits using lifecycle method.
4. The state bodies which signed the agreement of energy efficiency according to the local action plan in the field of energy efficiency, inform the Agency of energy efficiency about:
a) agreement signature of energy efficiency;
b) measures, costs and the expected energy economy.
5. Public bodies will organize the tender for purchase of energy services and sign the agreement of energy efficiency according to the Law No. 96-XVI of April 13, 2007 on public procurements. The draft agreement of energy efficiency is developed in advance and joins in documentation on the biddings.
6. The public body signs the agreement of energy efficiency with step-by-step accomplishment of all obligations to contracting parties, including payments for the agreement.
7. The duration of the agreement of energy efficiency does not exceed 10 years.
8. Basis for calculation of all quantitative parameters of the agreement of energy efficiency, including energy and financial parameters, the transparent methodology of calculation and set of the assumptions established in the agreement is.
9. Basis for provisions of energy and financial nature of the agreement of energy efficiency is the basic scenario. The cost of the agreement of energy efficiency includes all expenses connected with implementation of measures for increase in energy efficiency.
10. The corresponding scenario describes the analysis of energy consumption and cash flow with frequency no more than one year.
11. Cash flow and the corresponding calculations are established in real terms, except as specified, when exhaustive reasons which allow use in financial calculations of current prices, with appendix of accurate information on rates price indexation inflation/index for each cost category separately are provided.
12. The agreement of energy efficiency includes the following structural elements:
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