Chapter I GENERAL PROVISIONS
Article 1 The purpose and objectives of the Law This law aims to establish a legal framework for the promotion and use of renewable energy and sets mandatory national targets for the share of energy from renewable sources in gross final energy consumption and the share of energy from renewable sources final energy consumption in transport. The law defines the rules on support schemes, guarantees of origin, administrative procedures, access to renewable energy producers to networks.
Article 2 Scope This Law regulates the field of renewable energy, namely:
b) calculating the share of energy from renewable sources;
c) the principles and objectives of state policy in the field of renewable energy;
e) conditions for the integration of renewable energy into national energy system ;
f) conditions of the manufacture, transport, distribution and marketing of electricity from renewable sources, biogas and biofuels;
h) the arrangements for information on renewable energy sources;
Article 3 main notions in this law the following terms shall mean: biofuel - liquid or gaseous fuel for transport produced from biomass. The mixture of a biofuel and fossil fuel in proportions determined by the laws in this area, it is considered biofuel, biofuel solid - solid fuel produced directly or indirectly from biomass, biogas - fuel gas produced from biomass that can be used as fuel for energy or can be purified to be nbrought to the quality parameters of natural gas; bioliquids - liquid fuel produced from biomass for energy purposes other than for transport, including electricity production, energy for heating and cooling; biomass - the biodegradable fraction of products, waste and residues from agriculture (including plant materials and animal), forestry and related industry sectors, as well as the biodegradable fraction of industrial and municipal waste; certificate of conformity - document issued under certification rules, which It demonstrates true that biofuel identified properly, conforms to standards or other normative documents in the field; gross final consumption of energy - energy commodities delivered for energy purposes to industry, transport, households, services including public services, agriculture, forestry and fisheries, including the consumption of electricity and heat generation sector of electricity and thermal energy and technological consumption and losses of electricity and heat in electricity networks and heating networks; maximum rate of capacity - total installed capacity of power plants, which use the same technology for producing electricity from renewable sources admitted at national level for the implementation of the support scheme in question, established for each type of technology for producing electricity from renewable sources; aerothermal - energy stored as heat in the ambient air, renewable energy - energy produced by harnessing renewable non-fossil energy sources, namely wind, solar, aero thermal, geothermal, hydro-thermal and ocean energy, hydropower, biomass, biogas, gas from landfill (landfill gas) and landfill gas treatment plant wastewater, electricity from renewable sources - electricity produced by power plants using only renewable energy sources, and the share of electricity produced from renewable energy hybrid power plants using fossil fuel. Electricity produced in hydroelectric storage of water previously pumped upward is not considered to be electricity from renewable sources, privileged energy producer - energy undertaking that generates electricity from renewable energy sources or high-efficiency cogeneration and is entitled to the support scheme/incentive measures pursuant to this Law; competitive bidding procedure - a non-discriminatory bidding process that provides for the participation of a sufficient number of producers and where the incentives are granted on the basis of either the initial bid submitted by the bidder or a clearing price. In addition, the budget or volume related to the bidding process is a binding constraint leading to a situation where not all bidders can receive incentives; contract for difference - an agreement between the supplier and the producer of energy from renewable sources, who was declared the successful bidder in the competitive bidding process to profit from the support scheme; geothermal energy - energy stored in form of heat beneath the surface of solid earth; guarantee of origin - electronic document issued order demonstrate a final customer that a quantity of electricity supplied to it has been produced from renewable energy heating or cooling - distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network to multiple buildings or sites for the use of heating or cooling space or industrial process heating or cooling capacity limit - the amount of installed power plant, set, depending on the technology used to production of electricity from renewable energy sources, in defining the applicability support schemes, producer of biofuel - legal entity that manufactures and markets biofuel under the conditions laid down in laws and other regulations in the field; producer eligible - producer of electricity renewable sources, which won the right to have purchased the entire volume of electricity fed into electricity grids prices / tariffs established in accordance with this law support scheme - any instrument, scheme or mechanism applied to promote the use of energy from renewable sources by reducing the cost of that energy, increasing the price at which it can be sold or increasing through obligations on renewables or otherwise, the volume purchased this type of energy actual value - the value of reducing emissions of greenhouse saving for some or all of the steps of a specific process for the production of biofuels typical value - the estimated value of the representative of the emissions of greenhouse gases for a given production pathway biofuels default value - the value derived from a value typically by applying pre-determined factors and that can be used in place of an actual value.
Article 4 legal framework
(1) activities in the field of renewable energy sources are covered by this law, other legislation and regulations, and treaties international field to which Moldova is party.
(2) If an international treaty to which Moldova is party contains provisions other than those stipulated in this law, the rules of the international treaty.
Chapter II PRINCIPLES OF STATE POLICY AND OBJECTIVES. POWERS OF ADMINISTRATIVE AND REGULATORY
Article 5. Principles of state policy in the field of renewable energy
(1) The state policy in the field of renewable energy is implemented in the state sector and local programs, monitored by the central body of public administration in the energy field.
(2) the state policy in the field of renewable energy is based on the following principles: a) adjusting the national legislation to the norms and standards of the European Union; b) promoting renewable energy through the application of support schemes in accordance with this law and State aid legislation; c ) exercise of state administration in the field of renewable energy; d) transparency to activities in the area under this law; e) ensuring non-discriminatory access to networks; f) ensuring individuals and businesses to information on the production and use of energy from renewables; g) provide information and educate the public about the production and use of renewable energy; h) overseeing the cultivation and use of varieties of genetically modified plants designed to produce solid biofuel and biofuels in terms of a technological cycle closed.
Article 6. the objectives of state policy in the field of renewable energy
§ 3 the objectives of state policy in the field of renewable energy are: a) diversification of primary energy resources; b) providing a renewable energy share of at least 17percent in gross final consumption of energy in 2020, calculated in accordance with this law; c) a share of energy from rene wable sources by at least 10percent of final energy consumption in transport in 2020, calculated in accordance with this law; d) promoting cooperation between the central and local government; e) ensure safety of health and safety in the production of energy from renewable sources; f) promoting the use of renewable energy; g) p romoting research and technical cooperation scientific level national and international implementation of best practices to promote the use of scientific results and technical development in the field of renewable energy; h) e nsuring communication and informing the public about renewable energy.
§ 4 Other objectives of state policy in the field of renewable renewable establish a national action plan on energy from renewable sources approved by the Government.
Article 7. Calculation of the share of energy from renewable
§ 5 gross final consumption of energy from renewable sources is calculated as the sum of: a) gross final consumption electricity from renewable sources; b) gross final consumption of energy from renewable sources for heating and cooling; c) final consumption of energy from renewable sources in transport.
§ 6 in calculating the share of energy from renewable sources in gross final consumption of energy biogas, electricity from renewable sources and hydrogen from renewable sources is taken into account only once.
§ 7 Biofuels and bioliquids that do not meet sustainability criteria established in accordance with this law shall not be taken into account when calculating the share renewable energy.
§ 8 i n calculating gross final consumption of electricity from renewable sources is taken into account electricity produced by hydro accumulation of water previously pumped upwards. If hybrid power plants using renewable and conventional energy, consider only the part of electricity produced from renewable sources. For the purpose of this calculation, the contribution of each energy source shall be calculated on the basis of its energy content.
§ 9 gross final consumption of energy from renewable sources for heating and cooling is calculated as the sum of the quantity of district heating and district cooling produced renewable and consumption of energy from renewable sources in industry, in the domestic sector, the services, agriculture, forestry and fisheries, for heating, cooling and processing. In the case of hybrid plants using renewable and conventional energy sources, consider only the part of heating and cooling produced from renewable sources. For the purpose of this calculation, the contribution of each energy source shall be calculated on the basis of its energy content.
§ 10 In calculating gross final consumption of energy from renewable sources for heating and cooling, geothermal energy produced by heat pumps shall be taken into account provided that the final energy output significantly exceeds the primary energy used for operating the heat pump.
§ 11 thermal energy generated by passive energy systems, where low power consumption is achieved passively through building design or from heat produced by non-renewable energy use, is not taken into account when calculating the gross final consumption of energy from renewable sources for heating and cooling.
§ 12 the energy content of fuels used in transport specified in Annex. 2 take into account as set out in that Annex.
§ 13 The final consumption of energy from renewable sources in transport are calculated by the central body of public administration in the field of transport in accordance with regulations approved by the Government and art. 8 of this law.
§ 14 The share of energy from renewable sources is calculated as a ratio of gross final consumption of energy from renewable sources and the gross final consumption of energy from all energy sources, expressed as a percentage.
§ 15 In calculating final consumption gross energy purposes of measuring compliance with national targets and the indicative trajectory set out in Annex. 1, the amount of energy consumed in aviation as a proportion of gross final consumption of energy, be considered to be no more than 6.18percent.
§ 16 The methodology and definitions used in calculating the share of energy from renewable sources must be energy statistics consistent with the standards adopted by the Government.
Article 8. Calculation of the share of renewable sources in final energy consumption in transport
§ 17 share of renewable energy in final energy consumption in transport is calculated as the ratio of final energy consumption renewable for all types of transport and total final consumption of energy in transport.
§ 18 in calculating the total final consumption of energy in transport are taken into account only petrol, diesel and biofuels consumed for transport by road and rail, and energy consumed by transport electricity.
§ 19 in calculating the final consumption of energy from renewable sources in transport are taken into account all types of energy from renewable sources consumed in all types of transport.
§ 20 in calculating the quantity of electricity from renewable sources consumed by electric road vehicles, that consumption is considered to be 2,5 times the energy content of electricity from renewable energy sources.
§ 21 in calculating the quantity of energy from renewable sources consumed in all forms of transport, energy content of biofuels made from wastes, residues, non-food cellulosic and lignocellulosic materials is multiplied by 2.
§ 22 to implement the provisions of this Article, the main importers of petroleum products are required to submit quarterly Energy Efficiency Agency and the National Agency for Energy Regulation on paper and electronically submit information for the previous quarter of the quantities of biofuels used in combination with main petroleum products imported oil market.
Article 9. national action Plan in the field of renewable energy
§ 23 in developing the national action plan on energy from renewable sources taking into account the impact of measures taken to promote energy efficiency on final energy consumption and introduced or proposed by any natural or legal action taken to achieve the national objectives set, including socio-economic development, cooperation between central and local statistical transfers or joint projects planned national development policies of the existing resources of biomass and mobilize new biomass resources for use for various purposes and the measures to be taken to meet the requirements of this law.
§ 24 the process of drafting a national action plan on energy from renewable sources includes an assessment of the need for infrastructure development of district heating and cooling in order to achieve the goal national share of energy from renewable sources in gross final consumption of energy.
§ 25 unless otherwise decided by the Government on a proposal from the specialized central body of public administration in the energy field, modify national action plan on energy sources where renewable share of energy from renewable sources falls below the indicative trajectory in the immediately preceding two-year period set out in Annex. 1. The draft national action plan changed energy from renewable sources is presented to the Government by 30 June of the following year and establishes adequate and proportionate measures to achieve, within a reasonable trajectory referred.
§ 26 In modification of the national action plan on energy from renewable sources is taken into account all the assessments made pursuant to art. 17 para. (3) and. (4) and includes an updated assessment of the need for infrastructure development of district heating and cooling in order to achieve the national target for the share of energy from renewable sources in gross final consumption of energy.
Chapter III MANAGEMENT OF STATE
Article 10. Powers of Government Government:
§ 27 sets the priority objectives of state policy in the field of renewable energy;
§ 28 establish the organization and management of the business of renewable energy;
§ 29 approve the National Action Plan renewable energy produced by the central public administration specialized in the energy field;
§ 30 establish mechanisms, support schemes and incentives to achieve the objectives of state policy in the field of renewable energy;
§ 31 define, approve and update, if necessary , capacity limits and maximum rates of capacity to implement the support schemes provided for in art. 34;
§ 32 establishes the necessary measures to achieve within the renewable energy target in accordance with the indicative trajectory set out in Annex. 1;
§ 33 organize tenders for providing privileged producer status, in accordance with art. 35;
§ 34 designate the central electricity supplier in accordance with art. 30.
§ 35 establishes the obligation for energy companies clearly defined, transparent, non-discriminatory and verifiable on renewable energy, as determined by law;
§ 36 approve the rules on verifying the manufacturer eligible persons who hold or will hold power plants with a cumulative power that does not exceed the capacity established in Article 35(7);
§ 37 approve the regulations on auctioning to provide eligible producer status to individuals who have or will have power plants with a cumulative power capacity greater than the limit determined under subparagraph e)
§ 38 approve other regulations in accordance with this Law.
Article 11. Powers of central specialized body of public administration in the energy body specialized central public administration in the energy field:
§ 39 develop a national action plan in the field of energy renewable sources and proposes the Government for approval;
§ 40 draw support schemes and measures in the field of renewable energy and proposes the Government for approval after review and approval of the State aid authority;
§ 41 develop regulations referred to in art. 10 letter j) and k);
§ 42 develop programs and agreements necessary for the work of the Energy Efficiency Fund, in accordance with the regulations;
§ 43 monitor the compliance measures taken to achieve the objectives in the field of renewable energy.
Article 12 Powers of central body specialized public administration in the field of environmental protection central specialized body of public administration in environmental protection:
§ 44 develop rules on sustainability criteria for biofuels, the procedure for checking compliance with sustainability criteria to biofuels is also developing the methodology for calculating impact of biofuels on emissions of greenhouse gases;
§ 45 monitor the achievement of objectives in the field of sustainability criteria for biofuels, the procedure for checking compliance with sustainability criteria to biofuels, and the methodology for calculating the impact of biofuels on greenhouse gas greenhouse.
Article 13 Powers Efficiency Agency
§ 46 energy Efficiency Agency: a) develop, in cooperation with local authorities, public information programs on the benefits and practicalities of developing and using energy from renewables; b) provide advisory assistance and information on support measures consumers, builders, installers, architects and suppliers of equipment and systems for heating, cooling and electricity and of vehicles compatible with the use of energy from renewable sources; c) provide information to the public on the availability and environmental benefits of different energy sources in transport; d) promote the use of heating and cooling from renewable energy infrastructure planning unit; e) promote the installation of equipment and systems for the use of electricity, heating and cooling from renewable sources energy planning, designing, building and renovating industrial or residential areas; f) adequate information, particularly urban planners and architects, about the optimal combination of renewable energy technologies with greater efficiency heating and cooling when planning, designing, building and renovating industrial or residential areas; g) activities relating to the certification system referred to in art. 23; h) provides information about installers of equ i) confirms the status of eligible producer under Regulation art. 10 letter j) j) shall establish and maintain a register of producers eligible under Art. 37 para. (6) k) provide public information in accordance with Chapter. VI.
§ 47 In order to exercise the powers established by this Law, Energy Efficiency Agency cooperate, particularly through the mutual provision of information with the central body of public administration in the energy field, with regulators in the field, with the national accreditation, conformity assessment bodies, other authorities and public institutions.
Article 14 Powers of the National Agency for Energy regulation
§ 48 the National Agency for Energy regulation: a) d evelop and approve necessary normative acts regulating legal relations between the parties the renewable energy market, including rules on guarantees of origin in accordance with this law; b) issue licenses for the production of electricity from renewable thermal energy from renewable sources for biogas production to be delivered into natural gas networks and for the production of biofuel to be purchased by importers of petroleum products main; c) develop mandatory clauses of the contract to purchase electricity and heat produced from renewable sources and biofuels; d) sets out the division between participants electricity market energy purchased from supplier central electricity requirements set out in rules electricity market approved by the agency; e) establish quotas allocated among importers of petroleum products main volumes of biofuel to be purchased from producers according to the present law; f) propose to the Government the ceiling price for electricity from renewable sources to be used for procuring and calculations, carried out according to the production technology; g) establishes and approves the tariffs fixed for producers eligible provided art. 10 letter j).
§ 49 ceiling prices and fixed charges mentioned in para. (1) f) and g) is calculated in accordance with the methodology approved by the National Agency for Energy Regulation for each type of technology for producing electricity from renewable sources, using data from international practice on the period of operation of the system costs investment, maintenance and operation costs of the plant, the return on investments, determined based on the weighted average cost of capital method, and depending on the amount of electricity expected to be produced.
Article 15 Powers of the State energy Inspectorate
Article 16 Powers of central government and local construction
§ 50 central specialized body of public administration in the construction sector, in cooperation with local authorities, proposing or introduce any amendments to codes and regulations construction, measures for increasing the share of energy from renewable sources.
§ 51 regulations and building codes, public authorities and local promote the use of equipment and heating and cooling energy from renewable sources that achieve a significant reduction energy and take measures to promote equipment and systems that correspond to art. 24.
§ 52 The central and local public authorities take measures to ensure that new public buildings and those undergoing major refurbishment meet minimum energy performance, in accordance with the regulations in the field.
§ 53 The central public authorities local and published annually on their official web page, information on compliance with minimum energy performance requirements.
Article 17 Powers of central government and local authorities on heating and cooling
§ 54 local and central public authorities include heating and cooling from renewable renewable energy infrastructure planning of the village, taking into account technical and economic feasibility.
§ 55 in planning, designing, building and renovating industrial or residential areas, public authorities and local care of the installation by natural and legal persons responsible for the equipment and systems the use of electricity from renewable sources for heating and cooling from renewable energy.
§ 56 in order to achieve the objectives of state policy in the field of renewable energy, local authorities assess the need to assign status for public sector enterprises DH respective localities. This assessment shall be communicated to the specialized central body of public administration in the energy field and is considered in the development or modification of the national action plan on energy from renewable sources.
§ 57 Local authorities cooperate with the central body of public administration energetics, in accordance with art. 9 paragraph. (2) to assess the opportunity to build a new infrastructure for heating and cooling from renewable energy sources.
§ 58 Based on the assessment referred to in para. (4) the central body of public administration in the energy field, in coordination with local authorities, develop support schemes and other measures to develop infrastructure for heating and cooling biomass, solar, geothermal and proposes Government approval.
Article 18 Duties Protection Agency Consumer Protection Agency Consumer solid biofuel market surveillance carried out in accordance with Regulation on solid biofuel approved by the Government.
Article 19 Fund for Energy Efficiency
§ 59 Energy Efficiency Fund is legal entity independent and autonomous financially, it has settlement accounts in banks and seal its name and operate in accordance with existing legislation and on the basis of the organization and functioning of the Energy Efficiency Fund, approved government.
§ 60 the main objective of activity of the energy efficien
Chapter IV ADMINISTRATIVE PROCEDURES OF LICENSING LICENSING AND CERTIFICATION
Article 20. General requirements
§ 62 L icenses energy from renewable sources shall be issued in accordance with the procedure laid down in the law on licensing of entrepreneurial activity and special laws.
§ 63 The documents required for initiating and conducting energy activity renewable issued by public authorities on the basis of objective rules, transparent, proportionate and non-discriminatory.
§ 64 to facilitate licensing procedures, licensing and certification, Energy Efficiency Agency proposing, where appropriate, specialized central body of public administration in the energy field that change the regulatory framework.
Article 21. the activities for which licenses are granted
§ 65 the production of electricity from renewable thermal energy production from renewable sources, biogas production to be delivered into natural gas networks and production biofuel to be purchased by importers of major petroleum products is subject to licensing.
§ 66 the activity of producing electricity from renewable sources is conducted under the license to produce electricity, issued by the National Agency for energy Regulation pursuant to the provisions law on electricity. The license for electricity can be obtained from the applicant, on request, to the construction of the power, the submission by it all documents stipulated in the Law on electricity, except document confirming that it has the power station. In this case, if within two years from obtaining the license the licensee has completed construction of the power, the license issued to it withdraws from office by the decision agency.
§ 67 The activity of thermal energy production from renewable sources is conducted in the license issued by the National Agency for energy Regulation in accordance with the law on the promotion of cogeneration and thermal energy. The license for production of thermal energy can be obtained from the applicant, on request, to the construction of the boiler, the submission by it all documents stipulated in the Law on heat and promotion of cogeneration, except document confirming that it has central heating . In this case, if within two years from obtaining the license the licensee has completed construction of the boiler, the license issued to it withdraws from office by the decision agency.
§ 68 CHPs in cogeneration mode operates the license to produce electricity.
§ 69 the activity of biogas to be delivered in natural gas networks are conducted under the license to produce gas, released by the National Agency for energy Regulation pursuant to the Law on natural gas. The license for biogas production to be delivered into natural gas networks can be obtained from the applicant, on request, to the construction of the production, the submission by it all documents stipulated in the Law on Natural Gas, except document confirming that it has production facility. In this case, if within two years from obtaining the license the licensee has completed construction of the production license issued it withdraws from office by the decision agency.
§ 70 A production of biofuels to be purchased importers of major petroleum products is carried out under a license issued by the National Agency for Energy Regulation to persons who meet the following conditions: a) are registered in Moldova, presents the document confirming this and are not in insolvency proceedings; b) present the report financial previous year, if the legal person acting, or extract bank account details when initiating business.
§ 71 the license for the production of biofuel can be obtained from the applicant, on request, to the construction of the facility for production of biofuels at presentation by it all documents in para. (6). In this case, if within two years from obtaining the license the licensee has completed construction of the facility for production of biofuels, the license issued to it withdraws from office by the decision of the National Agency for Energy Regulation.
§ 72 I ssuance of licenses for genres activities specified in para. (1) of this Article, extend the validity of their re-issuance of licenses, issue of duplicates, suspension and Renewal of licenses and the withdrawal of these licenses shall follow the procedure laid down in the law on licensing of entrepreneurial activity. The term examination of statements on licensing for activities in the field of renewable energy and the extension of their validity is 15 days.
§ 73 The period of validity of licenses for types of activities provided in par. (1) is 25 years.
Article 22. The technical means and devices that run on biofuel solid biofuel
§ 74 The technical means and devices in accordance with the technical documentation attached to consume at least one type of solid biofuel or biofuel or a blend with fossil fuel are part of the technical means and devices which burn solid biofuel or biofuel.
§ 75 t he operating characteristics based solid biofuel or biofuel technical means and devices are confirmed by documents issued by the manufacturer of such technical means and devices.
§ 76 the technical means and devices may be retooled to ensure their operation based solid biofuel or biofuel with environmental compliance and security.
§ 77 Re-equipment technical means and devices in accordance with paragraph. (3) confirmed by documents issued by the entity that executed retooling.
Article 23. The certification system in the field of renewable energy
§ 78 certification system in the field of renewable energy is based on criteria equivalent to EU standards.
§ 79 t he installers of boilers, furnaces or stoves, biomass, solar photovoltaic and solar thermal systems geothermal shallow and heat pumps with capacity not exceeding 50 kilowatts, is certified in accordance with the procedure laid down in regulation approved by the Government.
§ 80 the regulation referred to in para. (2) must contain mandatory requirements to installers of boilers, furnaces or stoves, biomass, solar photovoltaic and solar thermal systems Geothermal shallow and heat pumps, verification rules by the State Energy Inspectorate equipment and systems installed and certification procedures for recognition by Member States of the European Union and the Contracting parties to the energy Community Treaty.
Article 24. the technical energy from renewable sources
§ 81 specialized central body public administration in the energy field defines the technical requirements for equipment and systems that produce energy from renewable sources to benefit from support schemes.
§ 82 in developing the technical requirements take account of national standards, including ecolabels, energy labels and other systems technical references established by standardization bodies.
§ 83 In the case of biomass conversion technologies will be used with a yield of at least 85percent for commercial and domestic sector and at least 70percent for the industrial sector. In assessing the conversion efficiency technologies will take into account EU standards.
Article 25. Quality assurance of electricity and heat from renewable sources, biogas and biofuel power quality, renewable thermal energy from renewable sources, biogas which to be delivered in networks of natural gas and biofuels to be purchased by importers of major petroleum products is ensured in accordance with the technical and quality indicators established in accordance with the rules on production, distribution and consumer technology and under special laws.
Article 26. Ensuring quality solid biofuel
§ 84 solid biofuel placed on the market must comply with the quality requirements set out in the Regulation on solid biofuel.
§ 85 Placing on the market of solid biofuel is made only by holding information product quality (label).
Chapter V PRODUCTION AND MARKETING OF ENERGY PRODUCED FROM RENEWABLE. ACCESS NETWORK
Article 27. Obligations of producers of energy from renewable sources
§ 86 The producers of electricity from renewable sources and energy producers who use renewable heat also keep separate records of fossil fuels amount of energy produced for each source type.
§ 87 the producers of electricity from renewable sources, producers of heat from renewable sources, producers of biogas to be delivered to natural gas networks and producers of biofuel to be purchased by importers of major petroleum producing electricity , heat, biogas and biofuel according to indicators established under special laws.
Article 28. access to the network
§ 88 p roducers of electricity from renewable sources discriminatory access to energy grids and regulated to published tariffs, non-discriminatory, based on cost, transparent and predictable, calculated and approved in accordance with the Law on electricity.
§ 89 the producers of biogas to be delivered in natural gas networks discriminatory access and regulated natural gas networks on published tariffs, non-discriminatory, cost-based, transparent and predictable, calculated and approved in accordance with the Law on natural gas.
§ 90 t he connection of power plants using renewable energy sources and facilities for biogas to be delivered in networks natural gas is carried out in an objective, transparent and non-discriminatory, in accordance with the terms, conditions and procedure laid down in the Law on electricity, the Law on natural gas and the regulations developed and approved by the National Agency for energy Regulation.
§ 91 to ensure effective access to networks, network operators are obliged to provide applicants with sufficient information on the connection, including information on: a) the costs are expected to be incurred in connection with the connection; b) the term connection net work; c) planning network expansion in the area.
§ 92 the costs of building the plant connection which makes the link between the power plant using renewable energy sources and electricity grids or the installation of biogas to be delivered natural gas networks and natural gas networks shall be borne by the applicant under the terms established in a transparent and non-discriminatory, in accordance with the Law on electricity, the Law on natural gas and according to regulations developed and approved by the National Agency for Regulation energy.
§ 93 If the connection of the power plant using renewable energy sources or installation of biogas to be delivered in natural gas networks is necessary to extend the electricity grids or natural gas network operators carried expansion according to the Law on electricity, the Law on natural gas and regulations drafted and approved by the National Agency for energy Regulation also bear the costs of enlargement, which are included in the price provided the investment plans approved agency.
§ 94 in accordance with the Law on electricity, the transmission system operator and system operators of distribution networks are obliged to give priority to electricity from renewable sources dispatching capacities of electricity production as far as not affected safe operation of power system.
§ 95 If, in order to guarantee the security of the electricity system and security of supply have been undertaken measures to limit significantly the use of renewable energy, transmission system operator and the system is he must notify the National Agency for energy Regulation on the measures taken and indicate the corrective measures it intends to take to preîntîmpinarii limitations apply.
Article 29. the basic conditions on the marketing of electricity from renewable sources and biofuels
§ 96 supplier central electricity purchases from producers eligible entire volume of electricity from renewable sources fed into electricity grids prices / tariffs established in accordance with this law.
§ 97 e lectricity suppliers are obliged to purchase electricity monthly the central supplier of electricity to the rate approved by the National Agency for energy Regulation and volumes calculated according to the share established by the Agency in accordance with the rules of the electricity market. When determining the quota, the National Agency for Energy Regulation will take into account the market shares of suppliers of electricity. Eligible consumers who consume electricity exclusively from fossil fuels are obliged to purchase electricity monthly provider central electricity tariff approved by the National Agency for Energy Regulation and volumes calculated according to the share of eligible customer the total consumption of electricity in the country.
§ 98 Importers of main oil products are obliged to purchase biofuels from biofuel producers, with the quotas set by the National Agency for energy Regulation, provided that the prices offered by producers of biofuel to not exceed the average import price of petroleum products corresponding monthly published by the agency on its official website. In establishing quotas of biofuel to be purchased by importers of petroleum products Main National Agency for Energy Regulation will take account of import quotas held by them on petroleum products market.
§ 99 The sale of biofuel is with the certificate of conformity .
§ 100 petroleum products importers that sell petrol and diesel in Moldova must ensure the content correspondence deliver fuel mix with the rules laid down by the laws in this field.
Article 30. supplier central electricity
§ 101 supplier central electricity is appointed by the Government.
§ 102 the supplier central electricity have the following basic obligations: a) enter into contracts to purchase electricity from renewables producers eligible under draft contracts drawn up by the National Agency for Regulation energy, and purchase from them the entire volume of electricity fed into electricity grids, prices / tariffs established in accordance with this law; b) requires producers of electricity from renewable sources to present forecasts annual, monthly, weekly and day the following volumes of electricity to be supplied electricity networks, according to the Rules of the electricity market; c) collect and aggregate forecasts on electricity from renewable sources received from producers eligible establishes volumes of electricity to be delivered in electrical networks the next day and communicate daily this information transmission system operator system and / or distribution system operators, if any; d) calculate the monthly average price of electricity purchased and presents the National Agency for energy Regulation that information in conditions and terms established by it; e) based on information submitted by the transmission system operator and system operators of distribution networks, determine the monthly volumes of electricity to be purchased by each electricity supplier and every consumer eligible, which consume electricity exclusively from fossil fuels, according to their shares in the electricity market and presents the National Agency for energy Regulation information in the conditions and terms established by it; f) contracts for the supply of electricity renewables electricity suppliers, both in regulated tariffs as well as non-regulated and eligible consumers who consume electricity produced exclusively from fossil fuels at prices approved by the National Agency for energy Regulation; g) contracts to purchase electricity balancing to cover imbalances that may arise in electrical networks in connection with the supply of electricity from renewable sources; h) transfers electricity suppliers guarantees of origin, corresponding to the amount of electricity distributed them in accordance with this law ; i) presents the National Agency for energy Regulation, under the conditions and terms set by it, the information requested in connection with work performed in accordance with this law.
Article 31. guarantees of origin
§ 103 the origin of electricity from renewable sources attesting through guarantees of origin issued by the grid operator.
§ 104 guarantees of origin must be issued, transferred and canceled electronically in accordance with objective, transparent and non-discriminatory. The procedure for issuance, transfer, cancellation and use a guarantee of origin, as the application for issuing a guarantee of origin and form of guarantee of origin shall be determined in regulation developed and approved by the National Agency for Energy Regulation.
§ 105 The network operator shall release the security home requested by the producer of electricity from renewable energy sources by an expert from the manufacturer, order confirmation of the veracity of that electricity is produced from renewable energy.
§ 106 a guarantee of origin is issued by the network operator later than 30 calendar days from receipt of the request from the producer of electricity from renewable sources. For every unit of electricity from renewable sources (one megawatt-hour) shall not be issued more than one guarantee of origin so that the same unit of electricity from renewable energy to be calculated once.
§ 107 A guarantee of origin must contain accurate data be secure against fraud and specify at least: a) the energy source from which the electricity was produced and during its production (start date and end date); b) identity, location, type and capacity production plant where the electricity was produced; c) whether and to what extent manufacturer has received support for investment in the production plant, if and to what extent manufacturer has benefited in any other way a national scheme to support production of one unit namely electricity and type of support scheme concerned; d) date production plant was put into operation; e) the date and country of issue, a unique identification number.
Article 32. use and recognition of guarantees of origin
§ 108 guarantees of origin may be used by electricity suppliers within 12 months from the date of the relevant unit of electricity. After use, guarantees of origin shall be canceled.
§ 109 The guarantees of origin issued by the network operator at the request of eligible producer shall be transferred by the producer eligible central provider of electricity. Central electricity supplier electricity suppliers transfer the guarantees of origin corresponding amount of electricity distributed them under this law. GOs corresponding volumes of electricity from renewable sources that were purchased by eligible consumers shall be provided by supplier central electricity to eligible customers concerned and canceled.
§ 110 Electricity suppliers can use guarantees of origin, transferred by their supplier central electricity to end use contribution of renewable energy sources to the overall structure of the fuel.
§ 111 the guarantees of origin can not be used to justify achieve the national target set in the field of renewable energy.
§ 112 guarantees of origin issued by the authorities of the Member States of the European Union and the authorities of the Energy Community Treaty Contracting States may be subject to recognition under this Act and under regulations developed and approved by the National Agency for Energy Regulation. To this end, a participant in the electricity market submitted to the National Agency for Energy Regulation a request for recognition of guarantees of origin in Moldova, provided that their recognition is requested in order to demonstrate to a final customer that all electricity or some of it is produced from renewable sources.
§ 113 the National Agency for Energy Regulation shall, within 30 calendar days, the application referred to in para. (5) of this Article and take a decision on recognition of guarantees of origin issued by the authorities of the Member States of the European Union and the authorities of the Contracting States Energy Community Treaty only if the guarantee of origin shall contain the information specified in art. 31 para. (5) and there are no grounds for refusal in relation to the accuracy, reliability or veracity.
Article 33. Certificates of Suitability
§ 114 Authenticity certifying biofuel by a certificate of conformity issued by the Conformity Assessment Bodies.
§ 115 In order to benefit from the guarantees provided by this law, biofuel must meet sustainability criteria. The sustainability criteria for biofuels, the procedure for checking compliance with sustainability criteria to biofuels and the methodology for calculating the impact of biofuels on emissions of greenhouse gases will be established in the regulations approved by the Government.
§ 116 The methodology for calculating impact of biofuels on emissions of greenhouse gases must contain a list of values typical of defaults, the disaggregated default values for cultivation, processing, transport and distribution of biofuels and conditions of use of these values instead of actual values .
Article 34. support schemes to promote electricity from renewable sources
§ 117 to promote the production and use of electricity from renewable support scheme in line with this law applies.
§ 118 Support referred to in paragraph 1 shall be given in the form of premium, calculated as the difference between the price with which the renewable energy producer was declared successful in the competitive process for granting the aid (the strike price) and the market price for electricity (the reference price).
§ 119 The strike price is the final price that the privileged producer of electricity will benefit, as a result of being selected as beneficiary of a support scheme in a competitive process – it determines the maximum level of the reward that can be granted to each project of renewable energy. The Reference Price is the hourly day-ahead market price, which is based in the organised electricity market.
§ 120 These conditions as well as Article 37 do not apply to installations with an installed capacity of less than 500 kW or demonstration projects, except for electricity from wind energy where an installed capacity of 3 MW or 3 generation units applies.
Article 35. the tender procedure for giving the status of privileged producer
§ 121 in accordance with this law, the status of privileged producer manufacturer offering which won the competitive bidding procedure and signed a contract for difference.
§ 122 t he competitive bidding procedure is organized by the Government or its decision by a government commission in accordance with the Regulation on tendering to provide the status of privileged producers.
§ 123 The beneficiaries of the support scheme, under a contract for difference and the maximal level of the support, will be determined in a tendering process, open to all producers of electricity from renewable sources, on the basis of clear, transparent and non-discriminatory criteria, unless when: a. only one or a very limited number of projects or sites could be eligible ; b. a tendering process would lead to higher support levels; or c. a competitive process would result in low project realisation rates.
§ 124 The tendering process can be limited to a specific technologies, in cases when a process open to all producers would lead to a suboptimal result, which cannot be addressed in the process design, taking into consideration particularly: a. The longer-term potential of a new and innovative technology; b. The need to achieve diversification; c. Network constraints and grid stability; d. System (integration) costs; or e. The need to avoid distortions on the raw material markets from biomass support.
§ 125 A model of the contract for difference the tendering terms and procedures, as well as cases of restriction of this process according to paragraph 4 of this article, are proposed by the Minister and approved by a decision of the Government.
§ 126 the tender procedure is based on objective criteria transparent and non-discriminatory. Tender documentation establishes the terms and conditions, including ceiling prices, production capacities auctioned during construction, other criteria, conditions or requirements that can vary depending on the technology of producing electricity from renewable sources. The announcement of the tender shall be published in the Official Gazette of the Republic of Moldova at least two months before the deadline for submission of bids.
§ 127 In order to ensure transparency and non-discrimination, the documents placed on the website established by the organizer tender and indicated in the notice regarding the tender. Tender documents must contain the full list of criteria on which will determine the winners of the tender.
§ 128 T he organization, monitoring and control tender procedure will be taken all measures to ensure the confidentiality of the information on offer.
§ 129 The ministry in consultation with the Agency and the Energy Community Secretariat, prepares every proposal regarding support measures. Conditions and procedures for granting the support measures, are approved by the Government, with the proposal of the minister. These measures need to be notified to the State aid authority before their adoption for their compliance with the legislation on State Aid.
§ 130 The obligations under paragraph 3 of this article regarding a competitive bidding process do not apply to installations with installed capacity of less than 1 MW or demonstration projects, except for electricity from wind energy where an installed electricity capacity of up to 6 MW or 6 generation units.
§ 131 I f the potential producer of electricity from renewable sources not obtained the status of producer eligible by participating in the auction or not participate in the auction, it has the right to sell electricity produced under conditions negotiated with the participants in the electricity market.
Article 36. the procedure for confirmation of the status of privileged producer
§ 132 The status of a privileged producer shall be granted to the successful bidder in the competitive bidding process to profit from the support scheme, as defined in this law, and by signing a contract for difference.
§ 133 T he Agency will prepare a request form for obtaining of the status of the privileged producer and support scheme measures, which includes among others the applicant’s name and the type of company, a description of the project, including its location, start and completion date of the project, the amount of support needed to carry it out and the eligible costs. In the request form, beneficiaries must describe the chance of development of the project without the support scheme.
§ 134 t he status of privileged producers is confirmed by the Energy Efficiency Agency in accordance with the rules on verifying the manufacturer eligible, approved by the Government.
§ 135 A status of a privileged producer shall be established by the Contract for difference Agency’s decision for a maximum period of 12 years, but not longer than until the plant has been fully depreciated according to normal accounting rules.
§ 136 i n the conduct of the confirmation of the status of privileged producers will be taken all measures to ensure the confidentiality of information about the applicant and the specific data project it.
§ 137 I f the potential producer of electricity from renewable sources has not obtained the status of producer privileged accordance with the procedure provided for in this Article, he is entitled to participate in the auction and / or market the electricity produced under conditions negotiated with the participants in the electricity market.
§ 138 the State Energy Inspectorate assist the Government in establishing technical standards, requirements technical or other requirements applicable to the procedure of confirmation of the status of privileged producer.
Article 37. Rights and responsibilities of privileged producers
§ 139 after participating in the tender and obtained the status of privileged producer or after confirming the status of privileged producer, manufacturer benefits the right to have purchased the entire volume of electricity fed into electricity grids,and to conclude a contract for difference.
§ 140 If a manufacturer privileged build and operate the power plant equipment used or new equipment manufactured by more than 36 months until commissioning or breach other conditions laid down by this law, his right to have his purchase volume of electricity price or, where appropriate, the premium established in accordance with this law shall be withdrawn and the performance guarantee of the contract It will be transferred to the state budget. Capacity allocated to it will be returned and considered at the next auction or, where applicable, the procedure of confirming the status of eligible producers.
§ 141 Where a producer eligible not operate the power plant within 24 months the announcement of tender results or, as applicable, the date of confirmation of the status of eligible producers, his right to have his purchase volume of electricity price or, where appropriate, the premium established in accordance with this law shall be withdrawn and guarantee performance of the contract will be transferred to the state budget. Capacity allocated to it will be returned and considered at the next auction or, where applicable, the procedure of confirming the status of eligible producers.
§ 142 The modernization of production plant, equipment replacement and other components does not imply extension or resumption of period time for which eligible producers benefit from price or, where appropriate, the tariff set.
§ 143 E ligible producers are responsible for balancing, unless no liquid intra-day market exists. Producers become a responsible party for balancing, by signing a contract with the transmission system operator or by signing a contract for the transfer of the balancing responsibility to another responsible balancing party, thus becoming a member of a balancing group, in accordance with the respective Market Rules.
Article 38. Strengthening the capacity of power plants that produce electricity from renewable sources
§ 144 The volumes of electricity from renewable sources resulting from the increase in capacity of existing power plants are considered as produced by a power plant separate, which was put into operation on the date on which occurred the increase in capacity existing power plant.
§ 145 in case of increasing the capacity of the existing power plant by installing an additional capacity of electricity generation using the same type of renewable energy source, manufacturer, owner of the power plant is obliged: (a) to deliver the volume of electricity produced by the existing installation to the achievement increase capacity at the price set in the auction for capacity originally held up to increase; b) de liver the volume of electricity produced by the capacity of newly installed at the price set in the auction for capacity additional depending on the type of renewable source used, respectively, by category of capacity falling cumulative capacity of power plant expanded.
§ 146 If the record electricity produced by the power plant whose production capacity has been increased is through a single unit of measurement volumes referred to par. (2) a) and b) shall be calculated in proportion to the capacity of the power plant installed before the performance increase, respectively, after the increase.
§ 148 If two power plants using different technologies of production electricity from renewable sources using a single measuring equipment to record electricity supplied to the network for all energy produced will apply the lowest price established for the technology in the auction.
§ 147 I n case of increasing the capacity of the existing power plant by installing an additional capacity of producing electricity using a different type of renewable source of energy, eligible producers will deliver the volume of electricity produced by the capacity of newly installed at the price set in the auction depending on the type of renewable source used.
Article 39. Counting net electricity from renewable sources
§ 149 the end user, owner of the power plant that produces electricity from renewable sources for own use is entitled to deliver the grid surplus electricity. Supplier of electricity at regulated tariffs shall, at the request of the final consumer to enter into an appropriate contract for the implementation of net metering mechanism under this law.
§ 150 end user, owner of the power plant, which requires net metering of electricity from renewable sources must meet the following conditions: a) the electricity must be produced only from renewable energy sources; b) power plant must have an installed capacity of up to 100 kilowatts, but not higher than the contracted power supplier of electricity at regulated tariffs; c) power plant to be connected to the grid and operate in parallel and synchronous with it; d) central electricity must be equipped with a protective mechanism which automatically disconnects power plant to the grid and to interrupt the electricity supply network if that is interrupted supply of electricity to the final consumer, owner of the power plant.
§ 151 central system should be equipped with measuring equipment, installed from the end consumer, owner of the power plant, to record the difference between the amount of electricity delivered to the grid and the amount of electricity consumed from the power grid by the end consumer in question. To measure flows of electricity can be used either a counter bidirectional, which records the amount of electricity consumed from the grid and, respectively, the amount of electricity delivered to the grid or two counters unidirectional, to record separately the amount of electricity consumption of electricity grid and, respectively, the amount of electricity delivered to the grid.
§ 152 the calculation of electricity by applying metering net proceeds as follows: a) if, at the end, the amount of electricity consumed by final consumer, owner of the power plant exceeds the amount of electricity delivered to the grid, the final consumer pays the provider of electricity at regulated tariffs only difference between the amount of energy consumed and one delivered to charges that the supplier provides electricity consumers end of the same category; b) if, at the end, the amount of electricity that the final consumer, owner of the power plant has received from the supplier is less than the amount of electricity delivered to the grid, electricity supplier will balance the grid supplied energy consumed and the network and the remaining amount will be included in final consumer account respectively for use in the coming months. If, at the end, it shall establish that the final consumer, owner of the power plant, delivered into the power grid an amount of energy that exceeds the amount of electricity being consumed on the network, the provider is required to determine and pay the ultimate consumer ie the equivalent electricity used at the average price of procuring electricity on the market, included in the regulated tariff for supply of electricity to end users in the reporting year and published by the National Agency for energy Regulation on its official website.
§ 153 If the final consumer, owner of the power plant, terminates on net metering or disconnects from the grid, the electricity supplier is obliged to pay the final consumer equivalent electricity used at the average price of purchasing electricity market included in the regulated tariff for supply of electricity to end users in the reporting year and published by the National Agency for energy Regulation on its official website.
§ 154 provides the mechanism metering net on the 'first come, first served "final customers who hold power plants, which can deliver electricity grids volume of electricity that does not exceed a cumulative 1percent of the amount of electricity provided by the electricity supplier at regulated tariffs.
§ 155 the legal relationships between providers electricity at regulated tariffs and end consumers who hold power plants that do not wish to benefit from net metering or not fulfilling the conditions laid down in connection with the mechanism of counting net is determined in accordance with the principles and conditions negotiated by them jointly, by concluding appropriate agreements. In this case, the power plants in question must be equipped with protective facilities allowing their disconnection automatically from the mains in case of damage.
§ 156 annually before April 30, the suppliers of electricity at regulated tariffs will prepare and submit to the National Agency for energy Regulation a report on net metering of electricity from renewable sources. The report shall contain the following information for the previous year: a) the total number of end users who hold power plants that benefit from net metering, variable type used renewable source; b) the installed capacity of power plants; c) the amount of electricity ( in kilowatt-hours) of electricity supplier delivered at regulated tariffs by applying net metering mechanism.
Chapter VI INFORMATION AND PUBLIC AWARENESS
Article 40. I nformation on equipment and systems provider of equipment and systems for heating and cooling, electricity from renewable sources, access to information on the net benefits, cost and energy efficiency of such equipment and systems.
Article 41. Information the mixture of fuel at the point of sale
§ 157 Dealers retail main petroleum products are obliged to display the panel at points of sale, information on the quantities of biofuel used in the blend with petroleum products main market.
§ 158 Dealers with retail main petroleum products are obliged to submit quarterly National Agency for Energy Regulation information on the performance of the obligation in par. (1).
Article 42. I nformation on measures and schemes to support Energy Efficiency Agency ensure that information on support measures and schemes are made available to all applicants, such as consumers, builders, installers, architects and suppliers of equipment and systems for heating, cooling and electricity and of vehicles compatible with the use of renewable energy.
Article 43. public awareness energy Efficiency Agency disseminates information on renewable energy by:
§ 160 development of curricula energy from renewable sources included in the curriculum;
§ 161 transparency of activities, including information on the exemplary role of public buildings and promoting performance in the field by demonstrating high efficiency equipment and systems;
§ 162 creating a database for information distribution relating to the development of renewable energy and ensuring user access to the database through information networks.
Chapter VII INTERNATIONAL COOPERATION
Article 44. International cooperation
§ 163 programs to promote energy from renewable sources is made in accordance with applicable international standards.
§ 164 The main directions of international cooperation in the field of renewable energy are: a) adjusting the national legislation to the norms and EU standards; b) participation in international projects, including investment, participation in international organizations in the field; c) the exchange of information and technology with similar organizations in other countries and international organizations; d) participation in international seminars, symposia and conferences in the field; e) capacity building based on cooperation agreements; f) the harmonization of energy efficiency indicators established national standards with those set out in European standards; g) the mutual recognition of certification systems and equipment using renewable energy sources in the energy efficiency indicators.
§ 165 in order to create opportunities for reducing the costs of achieving national objectives and facilitate cooperation with the Member States of the European Union in the field of renewable energy can be implemented flexibility measures in particular in the form of statistical transfers or joint support schemes.
§ 166 statistical transfers will not affect the national target for the share of energy from renewable sources in gross final consumption of energy.
Chapter VIII FINAL AND TRANSITIONAL
Article 45. Final and Transitional Provisions
§ 167 This Law shall enter into force on the expiry of 12 months from the date of publication.
§ 168 The producers of electricity from renewable sources for which tariffs were approved before the entry into force of this law benefit tariff approved and guarantee the purchase of the entire volume of electricity fed into electricity grids until the expiration of 15 years from the date of approval of the tariff for this ending an appropriate contract supplier central electricity. ( 3) Notwithstanding any other provision of this law, the government will have the right to decide whether and to what extent Moldova will support renewable energy produced in another country. (4) the obligation to establish additional measures to referred to in art. 10 letter f) applies only if the 2-year period beginning 1 January 2017 and only if during indicative average target share of energy from renewable sources falls below the indicative trajectory set out in Annex. 1. (5) Until 31 December 2016, the central body of public administration in the construction sector and local authorities propose or initiate, where appropriate, regulations and building codes, or any other similar measures, the use of minimum levels of renewable energy in new buildings and in existing buildings undergoing a major renovation. This requirement applies to the armed forces only to the extent that its application does not cause any conflict with the nature and primary objective of the activities of armed forces and with the exception of material used exclusively for military purposes. Heating and cooling from renewable energy sources shall be taken into account to achieve minimum levels of energy from renewable sources in new buildings and in existing buildings undergoing a major renovation. (6) The Government, before the entry into force of this law : a) submit to Parliament proposals for bringing the legislation into conformity with this law; b) bring its normative acts in accordance with this law; c) approve the necessary regulations for the enforcement of this law. (7) the National Energy Regulatory until the entry into force of this law: a) bring its normative acts in compliance with this law; b) develop and approve the necessary regulations for the enforcement of this law. (8) on the date force of this Law, renewable energy Law no. 160-XVI of 12 July 2007 (Official Gazette of the Republic of Moldova, 2007, no. 127-130, art. 550), as amended and supplemented, shall be repealed. PRESIDENT OF PARLIAMENT Andrian CANDU Nr. 10. Chisinau, February 26, 2016. Annex. 1 trajectory Trajectory consists of the following shares of energy from renewable sources, calculated in accordance with art. 7:
