LAW OF THE REPUBLIC OF MOLDOVA

of February 26, 2016 No. 10

About promotion of energy use from renewable sources

The parliament adopts this organic law.

This law creates necessary basis for application of the Directive of the European Parliament and Council 2009/28/EC of April 23, 2009 about promotion of energy use from renewable sources and change and the subsequent cancellation of directives 2001/77/EC and 2003/30/EC published in the Official magazine of the European Union No. L 140 of June 5, 2009.

Chapter I. General provisions

Article 1. Purpose and tasks of the law

This law is intended for creation of the legal base for promotion and energy use from renewable sources and establishes obligatory national tasks on energy share from renewable sources in gross final energy consumption, and also energy share from renewable sources in end use energy consumption on transport. The law determines regulations by schemes of support, origin guarantees, ministerial procedures, access for producers of energy from renewable sources to networks.

Article 2. Field of regulation

This law regulates area of energy from renewable sources, namely:

a) state administration;

b) calculation of share of energy from renewable sources;

c) the principles and tasks of state policy in the field of energy from renewable sources;

d) methods of achievement of national tasks;

e) conditions of integration of renewable energy resources into national power system;

f) conditions of implementation of activities for production, transportation, distribution and electricity sale from renewable sources, biogas and biofuel;

g) schemes of support for promotion of renewable energy resources;

h) methods of informing on renewable energy resources;

i) main directions of cooperation in the field.

Article 3. Basic concepts

For the purposes of this law the following concepts designate:

biofuel – the liquid or gaseous fuel made from biomass for transport. Biofuel mix with fossil fuel is recognized biocombustible the proportions established by regulations in the field;

solid biofuel – the solid fuel directly or indirectly made from biomass;

biogas – the fuel gas made from biomass which can be used as fuel for development of energy or can be purified to quality of natural gas;

bioliquids – the liquid fuel made from biomass used in the energy purposes except transport, including power generation, energies for needs of heating and chilling;

biomass – biodegradable fraction of products, waste and remaining balance of agricultural industry (including materials of vegetable and animal origin), forestry and the related production industries, and also biodegradable fraction of industrial and household wastes;

the certificate of conformity – the document issued on the basis of rules of certification, certifying compliance properly of the identified biofuel to standards or other regulating documents in the field;

gross final energy consumption – the energy carriers delivered in the energy purposes for needs of the industry, transport, households, services industry including public services, for agricultural industry, forestry and fish breeding, including consumption of electrical and heat energy in the sector of production of electrical and heat energy, and also technology consumption and losses of electrical and heat energy in power and thermal networks;

the contract for difference - the contract signed between competent producer and the central electric power supplier to which to the competent producer selling the made electric power in the competitive market the positive or negative difference between the market price and prices/rates established according to this law is provided;

the maximum level of capacity – the total value of installed capacity of power plants which use identical production technologies of the electric power from renewable sources, admissible at the national level for application of the corresponding scheme of the support established by each type of technology for production of electricity from renewable sources;

aero thermal energy – the energy which is kept in the form of heat in air;

energy from renewable sources - the energy received as a result of use of renewable not fossil sources (further - renewable sources), namely wind, solar, aero thermal, geothermal, hydrothermal and energy of the ocean, hydroelectric energy, biomass, biogas, the gas which is formed in case of decomposition of waste (landfill gas), and the gas which is formed at stations on sewage treatment;

the electric power from renewable sources – the electric power developed by the power plants using only renewable energy resources, and also that part of the electric power which is made from renewable energy resources by the hybrid power plants using also fossil fuel. The electric power made by pumped storage power plants at the expense of the water which is earlier repumped on higher level is not recognized the electric power from renewable sources;

geothermal power – the energy which is kept in heat form under the surface of the firm earth;

guarantee of proper execution of the agreement - the financial resources deposited by the electric power producer under control of the Government in case of provision of the status of the competent producer at the biddings or under control of the National agency on regulation in power in case of confirmation of the status of the competent producer for the purpose of ensuring accomplishment of the obligations as the competent producer, in particular, concerning construction of power plants;

origin guarantee – the electronic document issued with the purpose to prove to the final consumer that this quantity of the electric power delivered to it was made from renewable energy resources;

offer guarantee - the financial resources deposited by the applicant under control of the Government for the purpose of exception of its improper conduct throughout all proposal validity;

participation guarantee - the financial resources deposited by the applicant under control of the National agency on regulation in power for the purpose of exception of its improper conduct within and in connection with the procedure of confirmation of the status of the competent producer;

centralized heating or centralized chilling – distribution of heat energy in the form of vapor, hot water or the cooled liquids from the central source of production through network on several buildings or objects for the purpose of use for heating or chilling of space or in engineering procedures of heating or chilling;

capacity limit – the size of installed capacity of power plant established depending on the technology used for production of electricity from renewable energy resources for the purpose of delimitation of applicability of schemes of support;

producer of biofuel – the legal entity making and selling biofuel in accordance with the terms, established in the laws and other regulations in the field;

the competent producer – the electric power producer from renewable sources who acquired the purchase right at him all quantity of the electric power delivered in the power supply network on the prices/rates established according to this law;

the scheme of support – any tool, the scheme or the mechanism used to promotion of energy use from renewable sources due to reduction of cost of this energy, increase in the price at which it can be sold, or increases, by means of adoption of obligations concerning energy from renewable sources or otherwise, the purchased quantity of this type of energy;

the actual value – the size of emission reduction of greenhouse gases for some or all stages of specific production process of biofuel;

typical value – the estimative size of representative emission reduction of greenhouse gases for certain method of production of biofuel;

standard value – the size received from typical value by application of the set coefficients which can be used instead of the actual value.

Article 4. Legal base

(1) Activities in the field of energy from renewable sources are regulated by this law, others legislative and regulations, and also the corresponding international treaties which party is the Republic of Moldova.

(2) If the international treaty which party is the Republic of Moldova contains others, than provided by this law, provisions, are applied regulations of the international treaty.

Chapter II. Principles and tasks of state policy. Administrative and regulating powers

Article 5. The principles of state policy in the field of energy from renewable sources

(1) State policy in the field of energy from renewable sources is implemented within sectoral state and local programs, monitoriruyemy by the central industry body of public management in the field of power.

(2) State policy in the field of energy from renewable sources is based on the following principles:

a) reduction of the national legislation in compliance with regulations and standards of the European Union;

b) promotion of energy from renewable sources by application of schemes of support according to this law and with compliance with law about government assistance;

c) implementation of the state administration in the field of energy from renewable sources;

d) ensuring transparency when implementing activities in the field according to this law;

e) ensuring non-discriminatory access to networks;

f) ensuring access of physical persons and legal entities to information on production and energy use from renewable sources;

g) ensuring informing and training of the public concerning production and energy use from renewable sources;

h) supervision of process of cultivation and use of genetically modified plant varieties intended for production of solid biofuel and biofuel in the closed production cycle.

Article 6. Tasks of state policy in the field of energy from renewable sources

(1) Tasks of state policy in the field of energy from renewable sources are:

a) diversification of primary energy resources;

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