On Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea și completarea unor acte legislative

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    The Parliament adopts this organic law.
Art. I.-Law nr. 461-XV of 30 July 2001 on the petroleum products market (republished in the Official Gazette of the Republic of Moldova, 2003, no. 76, art. 342), as amended, is modified and completed as follows: 1. Article 2 shall be supplemented by five new concepts with the following content: "Argus-quotation for liquefied gas, according to Argus International LPG, recalculated in the national currency (lei);
Provider Platts quotation for petroleum-product, in accordance with the main European Marketscan, recalculated in the national currency (lei);
specific commercial margin amount of profit and expenses related to the business of import and marketing of petroleum products and liquefied gas main (including costs of transportation and insurance of petroleum products in the territory of other countries, the fee for performing customs procedures and payment for emission of pollutants), calculated from 1 litre of petroleum product;
import authorization Gasoil-permissive, issued by the National Agency for energy regulation, which confirms the right of agricultural producer registered as a legal entity to perform the import of diesel for own use as a fuel for transportation or equipment, agricultural machinery, used directly in the agricultural activity;
certificate of conformity-document issued by the main State Inspectorate for technical supervision of Dangerous Industrial Objects of the agricultural producer applying for the right to carry out imports of diesel oil for its own consumption, confirming its ability to carry out activities related to hazardous objects. "
2. In article 4: (2) the words ", in coordination with the Government," are mutually exclusive;
paragraphs (3) and (4) shall read as follows: "(3) retail prices of petroleum products and liquefied gas main will be calculated per 1 litre, for each type of product, in accordance with the methodology and application of formation of prices of oil products, which is based on the following components: a) the mean value of the average quotations:-petroleum products provider Platts main Cargoes FOB-MED (Italy) Cargoes FOB NWE or provider Platts Depending on the region from which importation is carried out;
-liquefied gas-Argus propane refilled DAF Brest-mix, according to Argus International LPG;
(b)) share, applied in accordance with the tax code of the Republic of Moldova;
c) share of value added tax, applied in accordance with the tax code of the Republic of Moldova;
d) commercial margin specified. The maximum value of this margin shall be fixed annually by the National Agency for energy regulation, depending on the structure of expenses of participants in average domestic oil products and the Member countries of the European Union.
(4) in determining the prices of petroleum products imported in the main report with the average provider Platts quotations will take account of the quality of oil products category main by using the multiplier coefficients for each type of product referred to in the methodology and application of formation of prices of petroleum products. Every two weeks, depending on the provider Platts and Argus quotations from the preceding period, the National Agency for energy regulation establishes the ceiling prices of petroleum products and liquefied gas main and publish them on its website. It prohibits the marketing of petroleum products and liquefied gas main at a price exceeding the ceiling price set by the National Agency for energy regulation. "
article is completed (41) with the following contents: "(41) National Agency for energy regulation has the right to adjust the specific commercial margin referred to in paragraph 1. (3) (a). d) in cases of occurrence of factors that cannot be controlled by the participants of the market of petroleum products (modification, generating artificial shortage on the national and international market of petroleum products, etc.) and which change by more than 5% of the previously set margin. "
3. Article 7: designation article shall read as follows: "Article 7. The authorities empowered to grant licences, authorizations and permits the import of diesel ";
paragraph 1 shall read as follows: "(1) With the right to grant licenses for the types of activities referred to in article 1. 11(2). (1) import authorizations and diesel is entitled National Agency for energy regulation. "
paragraphs (5) and (6) shall read as follows: "(5) the License Fee for the types of activities indicated in art. 11(2). (1) shall be paid annually in accordance with the annex to the law on regulation through licensing of entrepreneurial activity, and the fee for the issue of import authorization Gasoil-according to the Law on regulating the authorization through entrepreneurship. The fee for issuing the authorization shall be established in the amount of 200 lei. Proceeds from issuance of licences, permits and authorizations for technical import of diesel fuel flowing into the State budget (6) the main tasks of the authorities concerned with the right to grant the licenses, permits and authorizations for imports of diesel fuel are: a) licensing, technical approvals and permits the import of diesel fuel;
(b) keeping of the register of legal persons) who have been granted licences and permits and the technical register of importers of diesel fuel for own use;
c) monitoring compliance with by the holder of the license, authorization and technical import authorization license conditions of diesel fuel, technical and authorization authorization to import diesel, including compliance with special conditions for importers of oil products;
d) within the limits of its competence participation laid down in law, when carrying out checks on the activity of participants of the market of petroleum products;
e) examination and settlement within the limits of its competence, the dispute between the participants of the market of petroleum products;
(f) elaboration of the Agency) to balance oil products. "
4. Article 8 shall read as follows: ' article 8. Rights to the appropriate authorities with the right to grant the licenses, permits and authorizations for imports of diesel fuel (1) to fulfil its tasks effectively, the authorities empowered to grant licences, authorizations and permits the import of diesel have the right: (a) to have free access) in the spaces, buildings, to the assets of the holder of the licence, authorization and technical import authorization of diesel the documents relating to the activities, authorized to obtain copies of them;
b) require reports and explanations;
c) to develop and issue regulations and other normative acts related to licensed activities and objects authorized;
d) to modify, suspend, withdraw licenses in accordance with the present law and the law on the regulation through licensing of entrepreneurial activity;
e) to check irregularities and to conclude protocols in accordance with the provisions of the code of administrative offences of the Republic of Moldova.
(2) the organs of internal affairs are obliged to grant, upon request, support persons empowered authority empowered with the right to grant licences, authorizations and permits the import of diesel fuel, to accompany them on missions of control activity of participants of the market of petroleum products. "
5. The Act is supplemented by articles 151 and 152 with the following content: "in article 151. Imports of diesel fuel for own use are not subject to licensing imports of diesel fuel for own use made by agricultural producers, registered as juridical persons, on the basis of the authorization to import diesel as fuel for transportation or equipment, agricultural machinery, used directly in the agrarian activity.
Article 152. Issuance and withdrawal of approval of import of diesel (1) authorization to import diesel shall be issued by the Agency, at the written request of the manufacturer.
(2) the application for the authorization of import of diesel fuel shall be drawn up in accordance with the model set out in the annex to this law. The application, accompanied by the documents referred to in it, must be submitted to the Agency. Within 15 days of registration of the application, the Agency shall issue the authorisation of imports of diesel fuel if the agricultural producer meets the following conditions: (a) ownership or possession) to lease agricultural land;
b) holds property or use of diesel fuel storage depots;

c) holds property or use agricultural machinery that consumes diesel.
(3) The authorization of import of diesel fuel, the Agency shall determine the amount of diesel oil to be imported according to the surface of the land either owned or leased and the rules consumer of diesel fuel per 1 ha of agricultural land. It is forbidden to import a quantity of diesel fuel higher than that indicated in the import authorization Gasoil.
(4) in the case of import authorization Gasoil for own consumption of entrepreneurial cooperatives that include several members of agricultural producers, the conditions laid down in paragraph 1. (2) (a). ) and c) are required for each Member, and the condition laid down in paragraph 1. (2) (a). b) apply to cooperatives.
(5) the Agency shall withdraw approval of the import of diesel fuel in the following cases: a) agricultural producer has repeatedly committed acts that constitute violations of the excise goods in accordance with the tax code of the Republic of Moldova;
b) agricultural producer has used diesel fuel imported for purposes other than for own use.
(6) the decision to withdraw the authorisation of imports of diesel fuel shall be communicated to the holder and shall take effect from the date of service or at any other time in this.
(7) a new import authorisation of diesel can be obtained after 24 months from the date of withdrawal of approval.
(8) the import authorization Gasoil, renewal, CISR, suspension, resumption of validity or revocation, as well as issuing the duplicate thereof shall be carried out under this law and in accordance with the law on regulating the authorization through entrepreneurship.
(9) the Agency shall, within 5 days from the date of issue or withdrawal of the authorisations to import diesel, in order to monitor the use of diesel, presenting the Interior Ministry, the customs service, the State Tax Inspectorate information regarding authorizations to import diesel fuel issued or withdrawn. "
6. The Act is supplemented by an annex with the following contents: annex Art. II.-the annex to law No. 160 of 22 July 2011 resolution through the authorization of entrepreneurial activity (Official Gazette of the Republic of Moldova, 2011, no. 170-175, art. 494), with subsequent amendments, shall be supplemented by a new compartment with the following contents: National Agency for energy regulation









1





Import authorization Gasoil





200 lei





One year











Art. III.-in article 18 of law No. 116 of 18 may 2012 industrial safety of dangerous industrial objects (Official Gazette of the Republic of Moldova, 2012, nr. 135-142, art. 445), paragraph (9) shall be supplemented with the letter i) with the following content: "i) issue certificates of conformity of agricultural producers applying for the right to carry out imports of diesel fuel for own use in accordance with the law on fuels market."
Art. IV.-the Moldovan Criminal Code No. 985-XV of 18 April 2002 (reprinted in the Official Gazette of the Republic of Moldova, 2009, nr. 72-74, art. 195), with subsequent amendments, shall be added to article 2401 with reads: "Article 2401. Marketing of gas oil imported for own use or use contrary to the intended use (1) domestic Marketing of gas oil imported for own use or use them for purposes other than for own use, săvîrșită proportions exceeding 500 conventional units, shall be punished by a fine of from 500 to 1000 conventional units or with community service work community from 180 to 240 hours , or with imprisonment of up to one year, in all cases with (or without) deprivation of the right to occupy certain functions or to exercise a certain activity for a period of up to three years, and a legal entity shall be punished by a fine in the amount from 1000 to 3000 conventional units with deprivation of the right to exercise a certain activity.
(2) the same (2) the actions large or particularly large is punishable by a fine of from 5000 to 1000 conventional units or by imprisonment of up to three years, in all cases with (or without) deprivation of the right to occupy certain positions or to exercise a certain activity for a period of 2 to 5 years , and a legal entity shall be punished by a fine of from 5000 to 10000 conventional units with deprivation of the right to exercise a certain activity or with liquidation of legal person. "
Art. V.-amendments to the Code of the Republic of Moldova nr. 218-XVI dated October 24, 2008 (Official Gazette of the Republic of Moldova, 2009, no.4-6, art. 15), as amended, is modified and completed as follows: 1. article 277 shall be added to paragraph 9 with the following contents: "(9) domestic Marketing of gas oil imported for own use or use them for purposes other than for own use, if these actions do not constitute infringement , shall be imposed with a fine from 100 to 150 conventional units applied to a physical person, with fine from 150 to 300 conventional units applied to person with responsibility, with a fine of 150 to 500 conventional units applied to legal person. "
2. In article 400 (1), the words "art. 277 para. (1), (4), (5) and (7) "shall be replaced with the text" art. 277 para. (1), (4), (5), (7) and (9) ".
3. In article 402 (1), the words "art. 277 para. (2), (3) and (6) "shall be replaced with the text" art. 277 para. (2), (3), (6), (8) and (9) ".
Art. Vi.-(1) this law shall enter into force three months after the date of publication.
(2) the National Agency for energy regulation, within a period of 3 months from the date of publication of the present law, shall develop and approve a new methodology of formation and application of petroleum products prices and create register of importers of diesel fuel for own use.
(3) the Ministry of agriculture and food industry, within 3 months from the date of publication of the present law, shall develop and approve rules for diesel consumption per 1 ha of agricultural land under the terms of the application of technology standards.
(4) the Government, within 3 months from the date of publication of the present law, will bring its normative acts in compliance with this law.