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Of Natural Gas

Original Language Title: cu privire la gazele naturale

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Parliament adopts this organic law.


GENERAL Chapter IDISPOZIŢII
Article 1. Purpose and scope
law (1) The purpose of this law is to establish a general legal framework to organize, regulate, ensure effective functioning and monitoring of the natural gas sector designed to supply consumers with gas under accessibility, availability, reliability, continuity, quality and transparency; free access to the natural gas market; ensure balance between supply and demand, the appropriate level of network capacity for natural gas, including interconnections; gas market development and integration in a competitive natural gas market, establishing measures to safeguard security of gas supply, proper performance of public service obligations, enforcement of consumer rights and environmental protection rules.
(2) The present law covers:
a) production of natural gas;
B) natural gas transmission, including cross-border flows of natural gas;
C) distribution of gas;
D) gas storage;
E) natural gas supply;
F) providing compressed natural gas vehicle filling stations;
G) determining and approving regulated prices for natural gas regulated tariffs related to access to natural gas networks, to storage depots, other regulated tariffs for services provided by natural gas undertakings in accordance with this Law;
H) licensing of activities in the gas market;
I) access to the natural gas market and gas market;
J) organization, operation and monitoring of the gas system;
K) security and reliability in supplying natural gas to final consumers;
L) access to public or private property for the construction, operation, maintenance, rehabilitation or modernization including re-engineering, the natural gas networks;
M) regulated third party access to gas networks;
N) consumer protection. Article 2. Basic

In this law the following terms mean:
access storage warehouse - as the user's system to inject and extract natural gas volumes and the period indicated in contract for service provision storage using storage warehouse in accordance with the terms of this law;
Network access - as the user's system, including the end consumer, retrieve and deliver natural gas volumes and the period indicated in the contract for transmission services, the contract for the distribution service using networks transportation of gas, natural gas distribution networks, in accordance with the terms of this law;
Access to upstream pipeline networks - as the user's system to use upstream pipeline networks, except for the parts of such networks and facilities which are used for local production operations in place of natural gas production;
Capacity - the maximum flow, expressed in unit volume per time unit or in energy unit per time unit, to which the user is entitled under the contract system for transmission services or the contract for the service storage;
Contracted capacity - capacity that the transmission system operator or operator of the warehouse storage allocated to a user of the system in accordance with the contract for the service of transport and storage contract for the service;
Available capacity - part of the technical capacity that has not yet been allocated and is still available to the system at that moment;
Firm capacity - the capacity of the gas transmission network, warehouse storage, guaranteed by the transmission system operator, the operator of the warehouse storage as uninterrupted;
Interruptible capacity - capacity that can be interrupted by the transmission system operator, the operator of the warehouse storage under the contract for transmission services, the contract for the service of storage;

Spare capacity - firm capacity on a user's system acquired in accordance with the contract for transmission services, the contract for the service storage system but the user has not nominated a till deadline specified in the contract;
Technical capacity - the maximum firm capacity that can be offered by the transmission system operator, the operator of the warehouse storage system users, taking into account the need to ensure system integrity and the need to respect the operational requirements of transport networks for natural gas storage depots;
Certification - procedure in which it examines the compliance of the transmission system operator requirements for separation and independence, as well as other relevant requirements imposed on the transmission system operator by this Act, which is a precondition for designating licensing the transmission system operator;
Direct pipeline gas - natural gas pipeline complementary to the interconnected natural gas networks;
Congestion - in which case a natural gas network can not handle all physical gas flows resulting from transactions requested by participants in the natural gas market due to lack of capacity or insufficient capacity of transport networks for natural gas cause;
Contractual congestion - a situation where the level of firm capacity demand exceeds the technical capacity;
Physical congestion - a situation in which demand for actual deliveries exceeds the technical capacity at some point;
Excessive consumption of natural gas - daily consumption of natural gas during the cold season (from October until March), which exceeds the 20% minimum average daily consumption levels recorded during cold weather statistically every 20 years, with the consequence of creating imbalances in the natural gas transmission network;
Consumer - consumer wholesale ultimate consumer or enterprise who buy natural gas natural gas;
Wholesale customers - individual entrepreneur natural person or legal entity that purchase natural gas resale of their order inside or outside the gas system;
Domestic consumer - who buy natural gas for their own household needs, excluding their use for commercial purposes for entrepreneurial activity or profession;
Eligible customer - the consumer of natural gas that is free to choose their supplier from whom to purchase natural gas;
Final consumer - consumer household or non-household consumers that purchase natural gas for own consumption;
Industrial consumer - Non-household customers using natural gas for manufacturing processes in industrial production and / or consumer goods as well as for production of electricity and thermal energy;
Non-household customers - natural or legal person who procures natural gas for purposes other than for their household needs;
Vulnerable consumer - consumer appliances that, in accordance with the regulations on social protection is defined as a person or a family member disadvantaged groups;
Protect consumers - households and other consumers who meet the conditions and criteria set out in the Regulation on emergencies in the gas market;
Natural gas supply contract - the contract under which natural gas is supplied to the consumer, but does not include a gas derivative;
Contract to supply long-term natural gas - natural gas supply contract concluded for a period exceeding 10 years;
Transmission service contract for natural gas - contract between transmission system operator and user of the system to achieve delivery of natural gas through transmission of natural gas;

Control over an undertaking - rights, contracts or any other means which, either separately or jointly and having regard to the circumstances of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by ownership or use of all enterprise assets or part thereof and / or rights or contracts which confer decisive influence on the structure of the undertaking, the voting or decisions of the management bodies of the enterprise;
Deliverability - flow to the user system that uses a storage warehouse is entitled to withdraw gas from storage warehouse respectively;
Flow injection - flow to the user system that uses a storage warehouse is entitled to inject gas into storage warehouse respectively;
Warehouse storage - storage facility used for natural gas, which is owned and / or operated by a natural gas undertaking, excluding installations and facilities used to manufacture exclusively for transmission system operator to perform his functions;
Development of natural gas distribution network - increasing the capacity of the existing network of natural gas distribution or construction of new networks or portions of natural gas distribution networks;
Developing the transmission of natural gas - increasing the capacity of the existing network of gas transmission or construction of new networks or parts of networks for transporting natural gas;
Natural gas distribution - transmission of natural gas through the natural gas distribution networks in order to deliver them to consumers without including supply;
Measuring equipment - equipment or system for measuring the volume of natural gas supplied and, where appropriate, the flow of natural gas billing purposes;
Outsourcing of a service or work - transfer of the license holder to a third party in favor of a service or work that must be met in accordance with this law and according to the license conditions, excluding divestment license to a third party;
Cross-border flow of gas - natural gas stream transmitted in the context of import, export and / or transit through points interconnecting the gas transmission systems belonging to several countries;
Natural gas supply - sale, including resale, of natural gas to consumers;
Provider - natural gas business license holder for natural gas supply which supply gas under this law;
Supplier of last resort - vendor in the context of public service obligations, is designed to provide, for a limited time, natural gas to final consumers who have lost their supplier under certain circumstances, regulated under specific conditions set by this law;
Compressed natural gas for vehicle (GNCV) - natural gas stored in containers compression pressure of over 20 MPa in order to use them as fuel for internal combustion engines;
Congestion management - portfolio management capabilities of the transmission system operator or operator's storage warehouse to optimal and maximum use of the technical capacity and the timely detection of future congestion and saturation points;
Natural gas plant to the ultimate consumer - connection and installation of plant use;
Plant production - assembly plant and pipe manufacturer's needed for the extraction of natural gas as a natural resource or natural gas production activity artificially bringing natural gas parameters in accordance with established legal conditions for delivery the natural gas network;
Connection facility - natural gas plant which connects the gas network and production plant, warehouse or storage facility usage;
Installation manual - Overall installation of the final consumer of natural gas for use in natural gas;

Derivative of natural gas - a financial instrument designed to ensure participants in the gas market against possible fluctuations in the price of natural gas on the market, where this tool keeps natural gas;
Integrity of the system - a network of state transport natural gas, a natural gas distribution networks, warehouse storage, including associated facilities, the gas pressure and the quality does not exceed the minimum and maximum limits set so that transportation, distribution or storage of natural gas is guaranteed from a technical standpoint;
Interconnection - natural gas pipeline crossing a border between Moldova and another country with the sole purpose of connecting the national transmission system of natural gas between Moldova and that of the country;
Enterprise natural gas - natural or legal person duly registered in Moldova as an enterprise, performing at least one of the functions of generation, transmission, distribution, storage and supply of natural gas and performing functions commercial, technical and / or maintenance related to the activities mentioned but not involving end users;
Enterprise integrated natural gas - natural gas enterprise integrated horizontally or vertically;
Enterprise horizontally integrated natural gas - natural gas undertaking performing at least one of the functions of generation, transmission, distribution, storage and supply of natural gas and other activity not related to the natural gas;
Undertaking vertically integrated natural gas - natural gas undertaking or group of undertakings that can exert control over another person or one in which the same person or persons are entitled, directly or indirectly, to exercise control as defined in this law, carrying out at least one of their transmission, distribution or storage of natural gas and at least one of the functions of production or supply of natural gas;
Related enterprise - related undertaking that holds the majority voting rights in another undertaking and / or has the right to appoint or remove a majority of the management members of another enterprise, which is also a shareholder, founder the undertaking and / or pursuant to an agreement with other shareholders, founders of that company, controls the voting rights in that undertaking; and / or dependent company in relation to the dominant undertaking; and / or associate who has significant influence on financial policy and management of other companies; and / or undertakings influenced by another enterprise; and / or undertakings belonging to the same / same shareholders, founders; and / or companies which, without depending on each other, are united under a single management or bodies are composed mainly driven by the same person; and / or other affiliated companies;
Place of consumption - site of the natural gas plant where the final consumer through a single user installation will consume natural gas delivered through one or more connection installations;
Management energy efficiency and / or demand - global or integrated approach in order to influence the volume and capacity, is correctly natural gas consumption to reduce consumption of natural gas and natural gas volumes supplied by sources top award priority investment in energy efficiency measures or other measures, such as interruptible supply contracts with gas investments to increase generation capacity, if they prove to be the most effective and economical option, but taking into account the positive impact it has economy natural gas consumption on the environment, security of gas supply and the cost of natural gas distribution service to these measures;
Nomination - prior reporting by the system user or operator of the transmission system operator of the actual flow warehouse storage system that the user wishes to inject into or withdraw from the system;

Public service obligation - obligation on the company's natural gas general economic interest which may relate to security, including security of gas supply, continuity, quality, prices of supplies and environmental protection, and that is not discriminatory and does not distort competition beyond what is strictly necessary to achieve the public service obligation in question;
Storage warehouse operator - gas enterprise license holder for storing natural gas has storage warehouse that it operates in relation to the activity of natural gas storage;
Facility operator GNCV - natural or legal person duly registered in Moldova as an enterprise which operates storage containers gas compression pressure of over 20 MPa and their subsequent marketing ;
Distribution system operator - undertaking gas distribution licensee for natural gas has gas distribution networks, performing functions of natural gas distribution and is responsible for operating, maintaining, upgrading, including refurbishment, and development of natural gas distribution networks in certain areas, and for ensuring the ability of natural gas distribution networks to meet the long term a reasonable level of demand on the service of natural gas distribution;
Transmission system operator - undertaking gas license holder to transport natural gas has gas transmission networks, performing functions of natural gas transmission and is responsible for operating, maintaining, upgrading, including refurbishment, and developing natural gas transmission networks and interconnections, as well as providing network capacity to transport natural gas to meet long-term demand a reasonable level of provision of gas transmission service;
System Operator - transmission system operator and distribution system operator;
Quality parameters - all the characteristics of natural gas established quality standards approved by the national standardization and indicated that mandatory regulation on natural gas supply, the Regulation on the quality of transmission and distribution, natural gas and the natural gas market rules;
Part of the Energy Community - a signatory to the Energy Community Treaty and the European Union and its Member States;
Natural gas market - organized framework for the sale of natural gas by market participants and service delivery system to ensure continuous and reliable consumer of natural gas in the gas system;
Primary market - the market of the capacity traded directly by the transmission system operator or operator of the warehouse storage;
Secondary market - the market of the capacity traded otherwise than on the primary market;
Long-term planning - long-term planning of the necessary investment in production and storage capabilities in the transmission and distribution of natural gas to meet demand for natural gas in the system, diversification of sources and guarantee the continuity natural gas supply to consumers;
Manufacturer - undertaking gas license holder to produce natural gas extraction operates gas as a natural resource in Moldova or artificially produced gas;
Point boundary - place where natural gas installations of final consumer is delimited on the basis of ownership, networks of natural gas, natural gas company installations or place where natural gas networks, installation firms natural gas is delimited on the basis of ownership;
Connection point - physical point in the network of natural gas that are connected via the connection installation, production plant, warehouse or storage facility usage;

Connection - achievement by the transmission system operator or the distribution system operator connection installation of a final consumer potential applicant and / or pressurizing the production plant, warehouse or storage facility usage;
Re-nomination - subsequent reporting of a corrected nomination;
Natural gas distribution network - a system consisting of gas at a pressure of 1.2 MPa including with regulating-measuring stations and other installations located downstream of the point of connection to the transmission network natural gas from storage facilities, manufacturing plants, as appropriate, which serves for distribution of gas;
Natural gas network - a network of transportation and distribution of natural gas;
Upstream pipeline network - any pipeline or pipeline network operated and / or constructed as part of a project to produce natural gas or used to convey natural gas from one or more production sites of its kind by a installation times to a processing terminal or to a coastal landing terminal;
Gas transmission network - a system consisting of gas pressure greater than 1.2 MPa, with compressor stations, delivery and measurement and other installations used to transport natural gas to except upstream pipeline networks;
Security - security of supply and supply of natural gas and technical safety;
Ancillary services - Additional services transport or distribution of natural gas system to users and third parties by the transmission system operator or distribution system operator in accordance with this Law and the Rules of connection to the natural gas and services transportation and distribution of natural gas, based on the tariffs approved by the National Agency for Energy Regulation in accordance with the methodology of calculation, approval and application of tariffs for ancillary services;
System services - services necessary for providing access to transmission and distribution of natural gas in storage facilities and their operation services including balancing, blending and injection of natural gas, but not related to facilities for the transmission system operator to perform his functions;
Interruptible services - services of the transmission system operator, the operator of the warehouse storage in relation to interruptible capacity;
Long-term services - services of the transmission system operator, the operator of the warehouse storage for a period of one year or more;
Short-term services - services of the transmission system operator, the operator of the warehouse storage for a period of up to one year;
Closed distribution system - a system approved under the conditions of this law, which distributes natural gas in an industrial, commercial or shared services in geographically;
Natural gas system - production facilities, storage warehouses, upstream pipeline network, transmission and distribution of natural gas businesses owned and operated natural gas related facilities required to ensure access to networks transport and distribution of gas and the storage facilities;
Interconnected system - a set of transmission and distribution of natural gas linked together through one or more interconnectors;
Lump sum system - the calculation method for determining the volume of gas consumed, depending on the flow rate of gas appliances gas and the number of hours of use of these devices, or by the heated surface, the method applied terms and conditions provided by law;
Exceptional situation on the gas market - the unpredictable situation at national level can lead to imbalance between supply and demand of natural gas is determined by:
a) the decrease in gas volumes imported more than 20 % compared to the demand for natural gas;
B) registration of extremely low temperatures throughout the country or in large regions of the country, within 7 consecutive days in cold weather periods statistically occurring every 20 years, which leads to excessive consumption of gas natural;

Small company - undertaking which has a number of employees up to 50 people and an annual turnover or balance sheet not exceeding the equivalent in RON of EUR 10 million;
Teaching station - assembly plants pressure control, flow measurement, filtering and odor by which natural gas transmission networks are taught natural gas distribution system operators and / or end consumer;
Regulating-measuring station - assembly plants pressure control, pressure measurement, temperature, flow, filtration, connected by a connection to the natural gas distribution network, through which natural gas networks of high or medium pressure are recorded in natural gas distribution networks with other levels of pressure and / or utilization installations;
Gas storage - a set of activities and operations carried out by firm natural gas or related to reserve storage capacity and storage facilities for injection, storage and extraction of these deposits of quantities of gas natural;
Storage pipeline - natural gas storage compression in the transmission and distribution of natural gas, excluding the facilities reserved for transmission system operator to fulfill their duties;
Cross-subsidies - use of a profit obtained in the course of a type of activity or related to a particular category of consumers, users of the system to cover expenses or losses incurred in the course of the undertaking, gas and other type of activity or in relation to other categories of consumers, system users;
Connection price - regulated tariff paid by the applicant transmission system operator or distribution system operator to cover connection costs, determined according to the methodology approved by the National Agency for Energy Regulation;
Gas transmission - transmission of natural gas through the gas transmission networks in order to deliver them to end users without including supply;
User system - natural or legal person that delivers the natural gas system, or who comes from the natural gas system;
Protection area natural gas networks - areas adjacent to natural gas networks, with special conditions of use established along the route of the gas network and other objects around the gas network within which, in accordance with the Regulation on protected areas for natural gas networks, introduce bans on access, performance of works and constructions regime established to ensure normal operating conditions and exclude the possibility of damage to the gas networks.

Article 3. Regulatory Objectives (1) In accordance with this law, natural gas is produced, transported, distributed, stored, supplied and consumed in the most efficient way.
(2) regulatory objectives of this Act are:
a) ensuring sustainable development of the national economy;
B) ensure safe, reliable and efficient natural gas system, designed to ensure uninterrupted supply of natural gas and natural gas to meet demand from final consumers, respecting the quality parameters and quality indicators established and system and ancillary services;
C) organization and the operation of the national gas market in a transparent, competitive and non-discrimination, integration into the regional and European market and creating the necessary conditions to ensure competition in the gas market;
D) ensuring regulated and non-discriminatory access for all individuals and businesses to market natural gas transmission networks and distribution of natural gas in storage facilities, as well as ancillary services;
E) definition of the powers of the National Agency for Energy Regulation, the rights and obligations of natural gas companies, mutual relations between gas companies and their relations with the National Agency for Energy Regulation;

F) to establish the necessary legal framework for regulating and monitoring the effective unbundling of transmission system operator, distribution system operator and the operator of the storage warehouse, and ensure their independence from natural gas undertakings carrying out production activities or supply of natural gas;
G) creating the conditions necessary for making adequate investment in the natural gas system, including ensuring sufficient capacity for the production of natural gas, natural gas storage, sufficient capacity in transmission and gas distribution natural, the interconnections required for stable operation and reliable gas system and to ensure the security of gas supply;
H) facilitating cross-border trade of natural gas on the basis of clearly defined mechanisms, transparent and non-discriminatory capacity allocation and congestion management to make effective use of the interconnection capacity, and promoting diversification and competitiveness on imports of natural gas;
I) establishing conditions for the fulfillment of public service obligations in the gas sector and to protect final consumers;
J) the establishment of measures to ensure security of gas supply to final customers;
K) increase efficiency and reduce the negative impact of natural gas activities on the environment and promote sector development in accordance with economic, environmental and social state;
L) regional and international cooperation of transmission system operators and the National Agency for Energy Regulation and cooperation between the relevant authorities of the state.

Chapter IICOMPETENŢE ADMINISTRATIVE AND REGULATORY


Article 4. Competence of Government (1) To ensure the sustainable development and gas sector, the Government:
a) sets the priority of state policy in natural gas;
B) provides the prerequisites necessary for the development and sustainable operation of the gas sector, taking into account the need for long-term planning;
C) develop energy strategy and submit it to the Parliament;
D) approves the development programs of the gas system, including interconnections, developed by the central public administration specialized in the energy field;
E) ensure energy security of the state, including the supply of natural gas to end consumers by creating, upon notification by the National Agency for Energy Regulation pursuant to art. 15 para. (8) of enterprises that operate transportation, storage, distribution or supply of natural gas in the context of public service obligations laid down in art. 89 and 90;
F) policy of the exploration and use of natural gas deposits in the Republic of Moldova and assigns, in accordance with regulations in the field, the right to use subsoil sectors for extracting natural gas;
G) The Regulation on emergencies in the gas market, the Action Plan for emergencies in the gas market and the composition of the commission for emergencies, also monitors through central body of public administration in the field of energy, respect this law on security of gas supply;
H) approve construction of gas transmission networks funded by the state, interconnection and transmission networks which cross the country;
I) adopt decisions on the construction of artificial deposits of natural gas storage capacity exceeding 0.1 million cubic meters, and on adaptation in the Ministry of foreign utilization of natural;
J) requires gas undertakings public service obligations in accordance with this Law;
K) promote, within the limit of available funds, social welfare policy;
L) The Regulation on protected areas for natural gas networks;
M) approves normative-technical documents developed by the State Inspectorate for Technical Supervision of Industrial Dangerous objects to ensure the security of the natural gas sector, including GNCV installations;

N) ensure environmental protection;
O) provides scientific research specific gas system and promotes the use of new techniques and advanced technologies in the field;
P) promotes the interests of the gas sector internationally.
(2) The Government shall ensure cooperation at different levels in order to harmonize the administrative practices in the natural gas sector and promoting regional cooperation.
(3) The Government performs other functions set out in this law.
Article 5. Jurisdiction of local authorities
(1) Local authorities shall, upon request, building permits for objects of the gas system in accordance with Law no. 163 of 9 July 2010 authorizing the execution of construction.
(2) When issuing building permits for dwellings, buildings and other structures, local government authorities are obliged to comply with requirements for protected areas for natural gas networks established in the Regulation on network protection areas of natural gas.
(3) Local authorities are responsible for drafting the construction of natural gas distribution networks with local destination based on issued notifications of connection and distribution system operators in accordance with urban plans and development plans territory also presents those projects distribution system operators.
(4) Land of public property and the administrative-territorial units are transmitted in use, free of charge, transmission system operators, distribution system operators for the necessary works construction and / or operation of natural gas networks. Article 6. The regulator

(1) The powers vested with regulatory and monitoring activities in the gas sector is the National Agency for Energy Regulation (hereinafter - Agency).
(2) The Agency is organized, administered and funded in accordance with the Law on Energy.
(3) In the gas sector, the Agency operates in accordance with this Law, the Law on Energy and Regulation of organization and functioning of the National Agency for Energy Regulation approved by Parliament.
(4) The Agency shall, to the Parliament and published on its website the official report on activity in the previous year, and terms established in the Law on Energy. Article 7. Powers Agency

(1) the regulation of activities of natural gas regulated through licensing and authorization Agency:
a) issue prolongs, update, suspend, resume or withdraw the validity of licenses issued , and duplicate copies thereof issued in accordance with this Law and the Law no. 451-XV of 30 July 2001 on regulating the licensing of entrepreneurial activity;
B) designate the licensee will operate under license holder whose license instead of natural gas transmission, natural gas distribution, natural gas or to store natural gas supply in the context of public service obligations laid down in art. 89 and 90 has been suspended, whose license was revoked or whose license has expired;
C) monitor compliance with the license obligations set out in this law on quality of services and performance of activities, and other conditions laid down for the conduct of licensed activities;
D) certifying transmission system operator and monitor the continued compliance of this separation and independence requirements, and other requirements stipulated by this law;
E) monitor, the appointment of the independent system operator, the relationship between the owner of the gas transmission networks and independent system operator, as well as their compliance with the obligations set out in this law;
F) approve contracts between the owner of the gas transmission networks and independent system operator and resolve any disagreements between them;

G) monitor the continued compliance of the distribution system operator, the operator of the warehouse storage requirements for separation and independence and other requirements prescribed by law;
H) monitors the distribution system operator is part of a natural gas company vertically integrated, taking steps to avoid or eliminate any practices that distort competition;
I) approves the Regulation on access to gas transmission networks and congestion management, the Regulation on access to storage facilities and congestion management and monitors compliance by transmission system operators and storage depots;
J) The Regulation on natural gas networks, storage depots regulations, monitor compliance of the system operators, storage operators to deposit the said regulations, as well as the maintenance of the natural gas networks system operators;
K) approve the Rules of connection to the natural gas and transportation services and distribution of natural gas (hereinafter - Regulation on connection), governing the terms and conditions for connection, disconnection and reconnection networks natural gas also monitors compliance by system operators;
L) develop and approve the Regulation on the quality of transmission and distribution of natural gas, operators monitor the system of quality indicators;
M) issue prolongs, update, suspend, or revoke authorizations for validity resume direct gas pipelines, duplicate thereof issued in accordance with the terms and conditions of this law and the Law. 160 of 22 July 2011 on regulating the licensing of entrepreneurial activity also monitors the work authorization holders for direct gas pipelines;
N) issue prolongs, update, suspend, or revoke authorizations for validity resume distribution systems closed their duplicate issued in accordance with the terms and conditions of this law and the law regulating the licensing of entrepreneurial activity, also monitors the distribution authorization holders for closed systems;
A) develop and approve mandatory terms for the supply of natural gas to final consumers, establish terms and conditions for natural gas supply to final consumers, including terms and conditions for natural gas supply in the context of public service obligations laid down in Article . 89 and 90 also monitors compliance by suppliers;
P) develop and approve the Regulation on procurement procedures of goods, works and services used in the activity license holders who are obliged to respect the principle of conducting licensed activities with minimal cost and maximum efficiency;
Q) develops and approves regulation on the planning, approval and investments in natural gas;
R) approve, under art. 42 and 49, plans to expand transmission and distribution of natural gas and annual investment plans of transmission system operators, monitors their achievement and presented in its annual report information on the achievement of annual investment plans;
S) develops and approves regulation on monitoring compliance programs;
T) establish economic and technical information relating to the operation of natural gas to be released by licensees, and how their publication, given the need for non-disclosure of official information with limited accessibility;
U) establishes the information system whose core license holders submit reports to the Agency and monitor the compliance by licensees of the disclosure obligations required of participants in the gas market, established by this law and normative acts approved by the regulatory agency.
(2) In the field of regulation of prices and tariffs, the Agency:

A) develop and approve methodologies for calculation, approval and application of tariffs for the transportation of natural gas for natural gas distribution service, including tariffs differentiated by the pressure natural gas networks , the regulated tariffs for natural gas storage, as well as regulated prices for the supply of last resort and for natural gas supply to certain categories of end users in the context of a public service obligation laid down in art. 89, including differentiated consumer prices;
B) develop and approve the methodology for calculation, approval and application of tariffs for ancillary services provided by the transmission system operator and distribution system operator, including tariffs for connection and reconnection charges;
C) develop and approve the Regulations on procedures for submission and consideration of applications for license regulated prices and tariffs;
D) approve regulated tariffs for the transportation of natural gas for natural gas distribution service, including tariffs differentiated by the pressure in natural gas networks, regulated tariffs for natural gas storage and regulated prices for the supply of last resort and for natural gas supply to certain categories of end users in the context of a public service obligation laid down in art. 89, including differentiated consumer prices, calculated in accordance with the respective methodologies for calculating regulated prices and tariffs;
E) approve regulated tariffs for ancillary services provided by the transmission system operator and distribution system operator, calculated in accordance with that methodology;
F) ensure that regulated prices and tariffs and methodologies for their calculation are approved prior to their entry into force, under the terms established by Law no. 173-XIII of 6 July 1994 on the publication and entry into force of official documents, as well as prices and regulated tariffs are justified, reasonable, transparent, performance-based, reflecting expenses necessary and justified to allow investing to ensure the continued operation of natural gas networks and provide incentives to increase efficiency and to ensure the security of gas supply;
G) monitor the correct application by license holders of approved methodologies, prices and tariffs, approved in accordance with those methodologies;
H) establishes, under this law, in order to avoid discrimination, cross subsidization and distortion of competition, accounting separation requirements on the types of activities undertaken by the natural gas undertakings governed by approving prices or rates, and class of consumers to whom gas supply is ensured in the context of public service obligations laid down in art. 89 and 90 also monitors compliance with these requirements;
I) ensure the exclusion of cross subsidies between generation, transmission, distribution, storage and supply of natural gas and monitor the undertakings of the principle of natural gas costs and expenses necessary and justified. Expenses that are not necessary and justified not taken into account in approving the prices and tariffs.
(3) the regulation of the natural gas market and cross-border trade of natural gas, Agency:
a) develop and approve the gas market rules, governing the terms and conditions of the natural gas market organization and rights and obligations of the gas market;
B) monitor the gas market and how the gas market participants meet their obligations set out in this law and the rules of the gas market;
C) promote, monitor and ensure transparency and competition in the gas market;
D) monitor the level and effectiveness of market opening natural gas, determine the level of efficiency, competition and transparency in the gas market;

E) monitor the development of competition in the gas market, including wholesale and retail markets, respect for freedom of contract, including long-term or interruptible supply the occurrence of restrictive contractual practices or exclusivity clauses which may prevent industrial consumers to conclude contracts with several suppliers and inform the competition Council if it finds instances of distortion or restriction of competition;
F) conduct inquiries gas market in accordance with the principles established in this law;
G) monitor the availability and quality of technical and commercial data on interconnections required by system users to participate discriminatory conditions in the gas market;
H) collaborates with the regulatory authorities in the countries of the Energy Community parties, with the Energy Community Regulatory Board and the regulatory authorities of other countries on border issues, on regional gas market development and the creation of necessary conditions for fair competition.
(4) Consumer end Agency:
a) promote the protection of rights and legal interests of end consumers, particularly by ensuring the provision of services by licensees quality by supporting and providing treatment discriminatory in relation to final consumers by preventing anti-competitive measures and by providing access to consumption data, the conditions of this law;
B) develop and approve regulations, rules, guidelines, monitoring compliance and make decisions and issue orders to ensure protection of rights and legitimate interests of end users in accordance with this Law;
C) develop and approve terms and conditions for eligible consumers change by the supplier and monitors compliance by license holders;
D) monitor compliance by licensees final consumer rights set out in this Act and Regulation on natural gas supply, connection Regulation, Regulation on the quality of transmission and distribution of natural gas, the Regulation on procedure changing supplier;
E) examines and solves the problems exposed in the final consumer complaints in accordance with this Law and the Law no. 190-XIII of 19 July 1994 on the petition;
F) collaborates with organizations that promote consumers' interests;
G) shall, upon request, to organizations that promote the interests of consumers and end consumers the necessary information regarding the activity of license holders, except the official information with limited accessibility;
H) examines and solves the case out of court disputes arising between end users and providers, system operators, storage operators deposits, including on natural gas grid connections and misunderstandings concerning the termination of supply contracts natural gas;
I) issue decisions on the prohibition of disconnection from the natural gas networks of natural gas installations final consumer or the reconnection of their examination during the final consumer complaints.
(5) In order to fulfill its tasks and execution of this law, the Agency shall cooperate with ministries and other central administrative authorities, other public authorities, local government authorities, civil society and consult, as appropriate, participants gas market. The provisions of this paragraph may be applied downwards or distortion of the principle of independence of the Agency.

(6) To achieve the goals set by this law, the Agency shall cooperate with the Competition Council, the central body of public administration in finance and financial market regulatory authority by establishing, by mutual agreement, the necessary platform for a mutual and continuous exchange of information and for initiating and conducting joint controls on the issues related to regulation of the gas sector. The principle contained in this paragraph shall prevent the authorities involved in joint inspections with the Agency to exercise their rights and responsibilities set out in the laws governing the work of authorities.
Article 8. Other duties and rights of the Agency
(1) For the effective discharge of its duties, the Agency:
a) controls whether the license holders comply with the conditions laid down for the conduct of licensed activities and the provisions of this law, including the rights and quality of services provided to end consumers;
B) monitor whether gas market participants applied correctly regulated prices and tariffs for natural gas;
C) has access to the accounts of participants in the gas market, seek access to information and documents concerning the activities subject to license the information and accounting documents, the information and documents containing information constituting a state secret , trade secret or other official information with limited accessibility, including the central bodies of public administration, the tax authorities, customs and other public authorities in connection with the activity of participants in the gas market;
D) obtain, under the law, the natural gas market participants copies, extracts of documents referred to c) and the additional information required;
E) implements the principle of maximum efficiency at minimum costs in the transportation, storage, distribution and supply of natural gas in the context of public service obligations laid down in art. 89 and 90;
F) requires gas undertakings public service obligations in accordance with this Law;
G) develop and approve, in accordance with the law, methodologies, regulations and other regulatory laws that establish rights and obligations of producers, transmission system operators, distribution system operators, storage depots operators, suppliers and consumers ;
H) adopts decisions and issues decisions within the powers provided by law;
I) initiate and conduct public consultation and cooperation in order to collect information and proposals necessary for evaluating solutions and adopting decisions and reasoned decision and to harmonize regulatory practices accordance with the national harmonization;
J) in the context of investigations in the gas market, carry out checks on the gas market participants, to take decisions and implement measures necessary for the organization and proper functioning of the gas market and to promote fair competition and efficient;
K) initiate investigations in the context of complaints received, including to settle disagreements between participants in the gas market;
L) presents prescriptions for finding a violation of the natural gas market participants to this law, the Law on Energy and the regulations approved by the regulatory agency make decisions and issue orders to eliminate violations detected;
M) by its Government in the cases provided for in art. 15 para. (8) in order to achieve the functions set out in this Article. 4 para. (1) e);
N) finds offense in gas and deposited in court the minutes of establishing contraventions;
A) impose financial penalties on natural gas undertakings in the manner and terms of art. 112 and 113;
P) participate in forums and international events in the field;
Q) cooperate with regulators from the countries of the Energy Community parties, with the Energy Community Regulatory Board and the Energy Community Secretariat.
(2) The Agency carries out the necessary controls and natural gas market participants to determine the length of time required for their performance, which, depending

Complexity control, shall not exceed 90 calendar days. The deadline for compiling of the control and presentation of the natural gas market participant subject to the control shall not exceed 30 working days of the closing date
control.
(3) The Agency shall exercise other powers and duties established in this Law and the Law on Energy.
Article 9. Transparency Agency's work.
The resolutions and decisions of the Agency
(1) Transparency Agency work provides a Management Board, which, for this purpose, publicize its meetings and stakeholder announces about holding of meetings in the manner and within the deadlines set in the Law on Energy.
(2) If the Board is proposing to review the draft normative acts regulating the natural gas demands on basic costs, prices and regulated tariffs or other decisions which may impact on the gas market and on public service obligations, the Agency is obliged to publish on its official website the draft decision and / or draft articles that are submitted for approval by a decision and relevant information in the manner and terms set out in Law no. 239-XVI of 13 November 2008 on transparency in decision making.
(3) Applications for license holders cost base, regulated prices and tariffs, and the materials justifying their levels are published on the official website of the Agency within 10 working days after the application in question. The agency offers the public 15 working days from publication of the applications mentioned and related materials to make recommendations thereon. The deadlines set out in the law on transparency in decision making, the Agency shall publish on its website the official results of the examination of applications and proposals license holders on the cost base of regulated prices and tariffs.
(4) Board of the Agency is obliged to consider requests based on costs, prices and regulated tariffs later than 180 calendar days from the date of registration corresponding request from a gas undertaking and after submission all necessary documents and information requested by the agency in accordance with Regulation on procedures for submission and consideration of applications for license regulated prices and tariffs.
(5) Except related to the examination and resolution of disagreements between participants in the gas market for the application of laws, the Board of Directors shall, on behalf of Agency decisions.
(6) To organize the execution of normative acts in natural gas and to resolve disagreements between participants in the gas market, a director of the Board shall, on behalf of the Agency, decisions regarding the legal relationship between a user and , a final consumer, a user of the closed distribution system and a licensee or permit or legal relationship between two licensees or authorization.

Chapter IIIORGANIZAREA AND LICENSING IN NATURAL GAS SECTOR ACTIVITIES CARRIED

Article 10. Activities in natural gas
(1) Natural gas is conducted and cover the following activities:
a) production of natural gas;
B) transportation of gas;
C) distribution of gas;
D) gas storage;
E) natural gas supply;
F) providing compressed natural gas vehicle filling stations.
(2) the companies performing the activities specified in para. (1) are organized and governed in accordance with the law and operate in accordance with the rules set in this Law, the Law on Energy and the regulatory legal acts issued by the Agency.
(3) The Government and the Agency shall, within powers set by law, as natural gas businesses to operate non-discriminatory basis, based on the principles characteristic of a competitive market in natural gas, safe and sustainable.

(4) natural gas undertakings operating in a single system. Producers, transmission system operators, distribution system operators, storage operators and suppliers collaborate deposits in accordance with the principle of technological operative stewardship single gas system.
(5) The legal relationship between the participants in the gas market are established by contract under the conditions stipulated in the licenses business in this Law, the Law on Energy and the regulatory legal acts issued by the Agency. Article

11. Public service obligations (1) general economic interest, in relation to security, including security of gas supply, continuity, quality and price of supplies and environmental protection in relation to undertakings natural gas may be required to fulfill public service obligations. Public service obligations are imposed by government or agency, according to the powers set out in this law, without discrimination, as a measure limited in time and may be reviewed regularly, ex officio, to determine the need to continue to do so. Imposition of public service obligations must guarantee equal access and reciprocal businesses of natural gas in parts of the Energy Community countries to final consumers in Moldova.
(2) In accordance with this law, public service obligations may be imposed in particular natural gas companies pursuing the following regulated activities:
a) transportation of gas;
B) distribution of gas;
C) storage of natural gas;
D) natural gas supply.
(3) Natural gas undertakings carrying out activities referred to in para. (2) may be imposed on public service obligations related to:
a) security of gas supply;
B) quality parameters and quality indicators established in accordance with this Law;
C) applying regulated prices and tariffs in accordance with this Law;
D) environmental protection and increased energy efficiency;
E) protecting the health, life and property;
F) measures to protect final consumers.
(4) Public service obligations to be fulfilled in a transparent, non-discriminatory and verifiable. Any form of financial remuneration or otherwise, and to be granted the exclusive rights for public service obligations imposed and carried out in a transparent and non-discriminatory.
(5) Every two years, the central body of public administration in the energy field, based on the information presented by the Agency is obliged to prepare and submit to the Government and the Energy Community Secretariat reports on compliance by enterprises natural gas public service obligations imposed under this law, which will comprise, including information on the measures taken under this Act relating to the conditions for ensuring provision of last resort, other public service obligations relating to consumer protection and information on the possible impact of these measures on competition in the gas market, nationally or regionally.
Article 12. General principles licensing activities

natural gas (1) The activities specified in Art. 10 para. (1) activities are regulated and are only conducted under licenses issued by the Agency in accordance with the law.
(2) The Agency issues the following types of licenses:
a) license for the production of natural gas;
B) license for transportation of gas;
C) license for distribution of gas;
D) license for storage of natural gas;
E) license for natural gas supply;
F) license for supply of compressed natural gas vehicle filling stations.
(3) natural gas production activity is conducted by the manufacturer under the license to produce gas.
(4) natural gas transportation activity conducted by the transmission system operator under the license for natural gas transmission.
(5) natural gas distribution activity is conducted by distribution system operator under the license for distribution of natural gas.

(6) natural gas storage activity conducted by the operator of the warehouse storage under the license for storing natural gas.
(7) natural gas supply activity, including natural gas supply in the context of public service obligations laid down in art. 89 and 90, conducted by the provider under license for natural gas supply.
(8) The activity of supplying compressed natural gas vehicle filling stations, which include storage containers gas compression pressure of over 20 MPa and their subsequent sale is conducted by plant operator in GNCV the license to supply compressed natural gas vehicle filling stations.
(9) licenses in par. (2) a) -e) shall be issued for a period of 25 years. The license for the supply of compressed natural gas vehicle filling stations shall be issued for a period of 10 years. On the expiration date, at the request of the license holder, the Agency extended the licenses issued under this Law and the Law regulating the licensing of entrepreneurial activity.
(10) The license is attached, necessarily, the conditions of the licensed activity which are in accordance with the law and forming an integral part of the license.
Article 13. Scope of licensing and outsourcing
services or works by holders

licenses (1) The license for natural gas transmission and natural gas distribution license grants the holder the right to carry out this type of activity within the territory specified in the license.
(2) The license for the production of natural gas, gas storage license grants the holder the right to carry out this type of activity production plant, warehouse storage specified in the license. The license for natural gas supply is valid throughout the country under the conditions specified in the license. The number of licenses issued for those activities is limited and gas market entry of new manufacturers, new operators and new deposits storage providers can not be restricted.
(3) natural gas suppliers are obliged to fulfill public service obligations laid down in art. 89 and 90 within the territory specified by the Agency in accordance with the terms and conditions of this law.
(4) The license for providing compressed natural gas vehicle filling stations entitle the holder to conduct that kind of activity at filling stations.
(5) prohibits the licensee to submit other natural or legal rights and obligations of activity for the performance of which the license was granted. Notwithstanding the principle stated, the license holder is entitled to outsource a service or work that must be met provided prior approval by the Agency and after showing that outsourcing the service of that work will reduce costs and streamline the work for the service, work outsourced without impairing the quality of service of that work, independence and separation of the transmission system operator, the distribution system operator, the operator warehouse storage with enterprises integrated natural gas or undertakings related . The list of works and services that can be outsourced by license holders are approved by decision of the Board.
(6) Outsourcing a service or a work has the effect of transfer of responsibility of the licensee to comply with the obligations incumbent under this law, normative acts and license held and not missing Agency the right to apply to the license holder that the penalties set out in this law if the contravention of its obligations.

(7) If the Agency finds that outsourcing a service or a work by the license holder had the effect of reducing costs and streamlined work that has been outsourced service or work related, incremental costs incurred by the licensee in connection with the outsourcing of a service or work is not taken into account by the agency to approve prices or tariffs.
(8) If, due to the outsourcing of a service or a work by the license holder, the Agency notes the worsening quality of service or work in question, the license holder is obliged to take all necessary measures to remedy this situation in due time established by the agency. If the license holder does not take such measures within the deadlines, the Agency is entitled to request that unfold within 3 months, the contract with the service provider or the work outsourced and take over provision of that service or performance respective work. Incremental costs incurred by the licensee contract is terminated as a result of this paragraph shall not be taken into account by the Agency to approve prices or tariffs.
(9) The finding by the agency that had violated principles of separation and independence of the transmission system operator, distribution system operator, warehouse storage operator with enterprises Integrated natural gas or related businesses the license holder is obliged to take all necessary steps to remedy the situation created within the deadlines set by the agency. If the license holder does not take such steps, it will unfold within 3 months from the Agency's request, the contract with the service provider or outsourced work and take the provision of that service or performing that job. Incremental costs incurred by the licensee contract is terminated as a result of this paragraph shall not be taken into account by the Agency to approve prices or tariffs.
(10) It prohibits the outsourcing of a service or a work by a licensee in order to evade control Agency. At the Agency's request, the license holder is obliged to submit the information and documents related to service or work outsourced, including documents related to the work or the work outsourced service provider. If the licensee refuses presenting information or documents related to service or work outsourced or presents delayed information or documents requested, or when presented incomplete by the licensee requested information, the Agency is entitled to initiate the misdemeanors for to penalties under the Code of Administrative Offences or licensee to apply that sanction determined in accordance with art. 113 of this law.
Article 14. Conditions and procedure for obtaining licenses
(1) Licenses for activities under Art. 12 para. (2) e) and f) shall be granted to natural or legal persons in the procedure prescribed in the Republic of Moldova as an enterprise, and licenses for activities under Art. 12 para. (2) a) -d) is granted exclusively to legal persons.
(2) To obtain a license for the production, transmission, distribution, supply and storage of natural gas compressed natural gas filling stations for vehicles, persons referred to in para. (1) shall:
a) be registered in Moldova and to present document confirming this;
B) submit financial statement for the previous year for legal entities acting, or extract bank account details when initiating business;
C) be technically equipped for the work, to hold production facility, transmission or distribution of natural gas or warehouse storage, as appropriate, and submit documents confirming technical equipment and production plant, natural gas networks or storage warehouse fully comply with the technical requirements established by law;
D) have qualified personnel necessary for activities requiring a license, and submit documents confirming this.
(3) To obtain a license for natural gas supply, the persons referred to in para. (1) shall:

A) be registered in Moldova and to present document confirming this;
B) submit financial statement for the previous year for legal entities acting, or extract bank account details when initiating business;
C) have qualified personnel necessary for activities requiring a license, and submit documents confirming this.
(4) Administrator license to the applicant must meet the following criteria:
a) have higher education;
B) have no criminal record related activities in gas or convictions for crimes of intent under the Penal Code.
(5) The Agency is entitled to refuse to issue a license to transport natural gas transmission system operator unless it is certified in accordance with art.
36 and 38. (6) Issue, renewal, updating, suspension and Renewal licenses, revocation of licenses for activities under Art. 12 para. (2) of this law and issuing duplicates are done with this law and the procedures established in the law regulating the licensing of entrepreneurial activity.
(7) The term examination of the declaration on the issue of licenses for activities in the gas sector and the statement on the extension of their validity is 15 days from the date of receipt by the Agency of the declaration and documentation established in this law.
Article 15. Rights and Obligations of the license holder
(1) The licensee shall:
a) fulfill license conditions and meet the entire duration of the licensed activity, conditions for its issuance;
B) not to allow discrimination natural gas market participants;
C) to provide continuous service and supply of natural gas, except in cases of default, the technical and security reasons stipulated in contracts and this Law;
D) to keep records in the manner and conditions stipulated by the legislation and carry out in accordance with this law, accounting separation, functional separation (organizational and decision) and legal separation type of activity carried out;
E) to publish information on the sources of natural gas purchased to meet demand for natural gas;
F) provide the Agency with the terms and conditions set by the reports, including the report on the work done on the gas market, as well as other information requested by the Agency, in carrying out its required by law;
G) to carry out quarterly, not later than 10 calendar days from the beginning of next quarter, regulatory fees established under the Law on Energy.
(2) While conducting the licensed activity, the licensee must fulfill the obligations relating to safety, quality, efficiency and continuity of gas supply and meet safety standards and occupational health and environmental protection, and the provisions of contracts with consumers.
(3) The license holder can not be obliged to continue the provision of services or supply of natural gas to the natural or legal person who does not honor its payment obligations under the contract or not meeting the requirements approved to provide these services, with the exceptions set out in art. 7 paragraph. (4) i) and art. 109 par. (4).
(4) The licensee may disclose information and data they obtained from the final consumer or third parties and information on the consumption and bills issued only after obtaining the written consent of the final consumer or third party, except as provided in art. 7 and 8 of this law or in other cases determined by Law no. 133 of 8 July 2011 on the protection of personal data.
(5) System operators and operators of storage deposits are obliged to publish on their websites the information needed to ensure efficient and non-natural gas networks, to storage depots and other information under this law.

(6) The license holder has the right of access to the equipment measurement on the final customer to achieve record volume of natural gas consumed for verifying the functionality and integrity of the measuring equipment, in accordance with the Regulation on natural gas measurement commercial purposes.
(7) Operating system operators, storage warehouses, suppliers fulfilling public service obligations laid down in art. 89 and 90 are obliged to conduct the licensed activity, the principle of maximum efficiency at minimum costs and provide the Agency argued calculations of costs incurred.
(8) System operators, storage operators or suppliers deposits that fulfill public service obligations laid down in art. 89 and 90 are obliged to inform the agency at least 3 months in advance of their intention to request the suspension or revocation of license or at least 3 months before the expiry of the license where it does not intend to extend it. If license holders mentioned announces intention to seek suspension or revocation of the license in a period of less than three months, the Agency will request them at the expiration of 3 months from the registration of such a request. An undertaking whose license has expired and has not complied with the provisions concerning the announcement Agency is obliged to perform the work for which he was granted a period of time determined by the decision of the Agency, but not exceeding 3 months. Where, due to lack of another licensee for the transmission, distribution or storage of natural gas or supply of natural gas in the context of public service obligations laid down in art. 89 and 90, the Agency may designate another license holder to operate licensed in place holder whose license has been suspended, whose license was revoked or whose license has expired, it notifies the Government to take the necessary steps to create a new enterprise.
(9) Suppliers are not mentioned in paragraph. (8) are obliged to inform the consumers whom they supply gas agency at least 3 months prior intention to seek suspension or revocation of license or at least 3 months before the license expires intention not to renew the license.
(10) The providers of compressed natural gas vehicle filling stations are required to sell GNCV only at filling stations.
Article 16. Updating, suspension and resumption

license validity (1) License Updating is performed in accordance with the Law regulating the licensing of entrepreneurial activity.
(2) Suspension of the license can be achieved directly by the Agency at the request of the license holder, by adopting a decision within 3 working days. In other cases, the license may be suspended by decision of the Agency adopted on the basis of a judgment issued pursuant to the law.
(3) If it is determined that the license holder has not met its obligations, including those prescribed by the Agency, which led to discontinuation of gas supply to consumers over a period greater than that set for removal causes motivated, being jeopardized national security, life and health, or if the actions or inaction of the licensee lead to violation of public order and require immediate remediation of the consequences occurred, the license may be suspended by the agency to address them later in court. Addressing the court must be made within 3 working days of the adoption of the Agency's decision to suspend the license. In case this term, the decision to suspend the license becomes null and void. Agency Decision to suspend the license applies to the issuance of a final and irrevocable decision. Simultaneously, the Agency is entitled to apply that financial penalty licensee established in Art. 113 par. (1) c).
(4) serve as grounds for license suspension:
a) application for license to suspend the license;
B) failure by the licensee for the submission of application for license duplicate lost or damaged;

C) failure by the license holder instructions to eliminate the time limit set by the Agency of abuse of licensed conditions of work;
D) temporary inability of the licensee to carry out type of licensed activity according to the law;
E) regulatory non-payment deadlines established in this law;
F) accordance with Art. 37 para. (8).
(5) In the circumstances referred to in para. (4) b) -f), the decision to suspend the license is adopted by the Agency within 3 working days from the date of entry into force of the court decision and announced to the licensee within 3 working days from the date of adoption. The Agency's decision to suspend the license indicating concrete term suspension, which may not exceed three months.
(6) For the period of suspension of license for transmission, distribution or storage of natural gas and for the period of suspension of license providers that deliver natural gas in the context of public service obligations laid down in art. 89 and 90, the Agency designates a new license holder within the public service obligations for the conduct of one of the types of activities indicated instead license holder who has been suspended. Natural gas undertakings whose license was suspended will not in any way hinder the activity of the license holder appointed by giving him all the information and documents required for their activities.
(7) The license holder must notify the agency in writing about the removal of the circumstances leading to the suspension of the license.
(8) The period of validity of the license is not renewed during its suspension.
(9) Reactivation of license shall be made in accordance with art. 20 para. (5) of the Act regulating the licensing of entrepreneurial activity. If the license was suspended under prescribed in para. (4) a) of this Article and the licensee failed to submit the license Renewal, Renewal Agency shall take the decision on the license no later than the day the deadline for its suspension.

License withdrawal Article 17. (1) The license may be revoked by court judgment rendered in accordance with the law, at the request of the Agency, except license revocation as provided in paragraph grounds. (2) a) and b) are carried out directly by the Agency.
(2) The reasons for license revocation serve:
a) the application for license withdrawal;
B) decision to cancel state registration of the license holder;
C) unauthentic data detected in the documents submitted to the Agency in connection with the issuance, extension or updating the license;
D) a declaration that the license holder does not meet the conditions for the issuing and renewal of the license;
E) a fact that the license or a copy thereof to another person for the purpose of carrying out the activity specified in the license;
F) failure to eliminate within the circumstances that led to the suspension of the license;
G) non instructions to eliminate repeated breach of the conditions of work licensed, issued by the Agency;
H) failure of the licensee to carry out the activity for which the license was issued.
(3) The Agency shall adopt a decision to withdraw the license within 5 working days from filing the request of the license holder, the date of entry into force of the judgment or the date of receipt of the decision on the cancellation of state registration of the holder license and acknowledgment by the fact that the state registration body. Decision on withdrawal of the license shall be notified to the licensee specifying grounds for revocation within 3 working days from the date of adoption.
(4) Where the license, the license fee is not returned.

(5) Where the license for transmission, distribution or storage of natural gas and the withdrawal of the license providers that deliver natural gas in the context of public service obligations laid down in art. 89 and 90, the Agency designates a new license holder within the public service obligations, for running one of the types of activities listed in place holder whose license was revoked. Natural gas undertakings whose license has been withdrawn will not impede in any way the work
license holder appointed by giving him all the information and documents required for their activities.
(6) The licensee whose license was revoked shall, within 10 days from the date the decision on withdrawal of the license, to submit to the Agency revoked license.
(7) The licensee whose license was revoked, can submit a new statement on the issue of licenses for operation in natural gas only after the expiry of 6 months from the date of withdrawal previous license. Article 18. Reorganization of enterprises


natural gas (1) The reorganization of the transmission system operator, distribution system operator, storage warehouse operator, including its merger with other companies, is carried out only with the Agency. In this case, the Agency shall, within one month, adopt a decision on the agreement or disagreement with the respective gas company reorganization. If the decision on the agreement to reorganize the company of natural gas, the Agency is entitled to modify license conditions. For good reason, the period of application processing natural gas company may be extended to as much as two months. The Agency may, where appropriate, the opinion of the Competition Council. If the Agency does not adopt the deadline decision on the reorganization agreement or disagreement to the gas company, the agreement is deemed to offer.
(2) transmission system operator, distribution system operator and storage warehouse operator does not have the right to buy shares of other licensees, directly or indirectly, individually or jointly with its affiliated persons without the consent of the Agency. In this case, the Agency shall, within one month, adopt a decision on the agreement or disagreement with the purchase of shares by natural gas undertaking in question. For good reason, the enterprise application processing period may be extended to as much as two months. The Agency may, where appropriate, the opinion of the Competition Council. If the Agency does not adopt the deadline decision on approval or disapproval to the purchase of shares by the company for natural gas, the agreement is deemed to offer.
(3) In cases provided by the Competition Law. 183 of 11 July 2012, reorganization of businesses of natural gas is carried out only after notifying the Competition Council and after their approval by the latter.
Chapter IVPRODUCEREA GAS


Article 19. General principles of production

natural gas (1) construction, operation, maintenance, higher capacity production facilities and their connection to the transmission or distribution of natural gas is carried out in accordance with this chapter, art. 61 and 62 of this Law, Law no. 116 of 18 May 2012 on industrial safety of dangerous industrial and Regulation on the connection.
(2) The construction and operation of production is carried out only if the award by the Government of the right to use subsoil sectors for extracting natural gas. Subsequently, the beneficiary must obtain from the local public administration building permit under the Act authorizing the execution of construction work.
(3) For the activity of natural gas production, the manufacturer is required to obtain a license from the Agency for Natural gas production in accordance with art. 12-14.
(4) The manufacturer participates in the natural gas market if it complies with technical requirements for connection to the gas network and the quality of gas delivered to the parameters of quality established.

(5) The manufacturer has the right to sell natural gas produced in the gas market subject to the conditions set out in this law. The manufacturer has the right to sell gas on the wholesale market for natural gas in the license for the production of natural gas and the natural gas retail market - subject to the license and supply of natural gas.
(6) The manufacturer must be independent from the legal point of view, any undertaking which operates transport, distribution or storage of natural gas. He can not hold a license for transmission, distribution or storage of natural gas.

Manufacturer's obligations Article 20. (1) The manufacturer must:
a) to operate in accordance with this law, subject to license conditions, the regulation on natural gas networks and gas market rules ;
B) install and use measuring equipment for measuring gas delivered into natural gas networks in accordance with Art. 69 of this Law and the Regulation on measuring natural gas for commercial purposes;
C) to operate and maintain production facilities so as to ensure the safe and continuous thereof;
D) comply with the requirements of environmental protection and promoting energy efficiency;
E) abide by the natural gas market and do not distort competition in the gas market;
F) to equip, operate, maintain and modernize production facilities, increase their capacity and related facilities used to deliver natural gas into natural gas networks in terms of this chapter and in documents normative-technical approved by the Government in accordance with art. 4 para. (1) m);
G) provide the transmission system operator or distribution system operator data necessary for operation of natural gas and natural gas management system;
H) grant staff access the transmission system operator and distribution system operator personnel and equipment at its production facilities, which are used to measure and delivery of natural gas to natural gas networks;
I) to provide access to upstream pipeline networks in accordance with art. 57;
J) submit to the Agency reports on the work done and any other information required under this Act and under the conditions of the license.
(2) The manufacturer is obliged to draw up and publish on its electronic annual plan of measures to be taken to enhance energy efficiency, report on the results obtained in relation to the realization of those measures and the report on the work held last year.
(3) manufacturer fulfills other obligations set out in this law and normative acts approved by the regulatory agency. Article 21. Rights manufacturer

(1) The manufacturer has the following rights:
a) to produce natural gas production facilities, in compliance with the quality parameters of the provisions aimed at ensuring environmental protection and requirements security provided by law;
B) have access to transmission and natural gas distribution, without discrimination, under this law;
C) sell natural gas produced in the wholesale market of natural gas;
D) sell natural gas produced in the retail market for gas.
(2) The manufacturer has other rights established in this law and normative acts in the field, including regulatory legal acts issued by the Agency.
Chapter VTRANSPORTUL GAS

Article 22.

transmission system operator (1) The transport natural gas transmission system operator performed under the license for natural gas transmission, issued by the Agency under the law.
(2) The transmission system operator is organized as natural gas undertaking specialized and independent legal entity status, certified art. 36.

(3) In the execution of its functions and duties, the transmission system operator is independent of any undertaking with the production, distribution, storage and supply of natural gas and can not hold a license for production, distribution, storage or supply of natural gas, except as provided in art.
50. (4) The independence of the transmission system operator shall ensure the implementation and compliance with the terms and conditions concerning the separation of the transmission system operator established in Art. 23. Article 23. Separation system operator

Transport
(1) If the natural gas transmission networks belonging to a gas undertaking vertically integrated transmission system operator shall be independent at least in terms of functional decision-making and legal form organization, from other activities not related to the transportation of natural gas.
(2) Independence of the transmission system operator is ensured by applying one of the following models:
a) ownership unbundling model, in terms of art. 25;
B) model independent system operator in terms of art. 26-28;
C) The independent transmission operator model in terms of art. 29-35.
(3) Prior to the effective separation in accordance with the requirements set out in para. (2) of this Article, the transmission system operator is obliged to implement and comply with the principles set out in para. (1) of this Article pursuant to Art.
24. (4) Natural gas undertakings which have already taken steps related to accounting separation, legal or functional, ensuring greater independence of the transmission system operator within the integrated natural gas undertaking can not cancel these measures or measures taken to separate the transmission system operator.
(5) In accordance with this Law, the Agency is to ensure the implementation and compliance of the transmission system operator of the principles of separation and independence.
Article 24. legal and functional separation
the transmission system operator
(1) To ensure the independence of the transmission system operator in accordance with art. 23 para. (1), to be followed the following minimum requirements:
a) persons responsible for the management of the transmission system operator not to participate in company structures of the integrated natural gas undertaking responsible, directly or indirectly, for carrying out everyday activities production, distribution and / or supply of natural gas;
B) to undertake the necessary measures to ensure that the professional interests of persons responsible for the management of the transmission system operator are taken into account so as to ensure that they are capable of acting independently;
C) transmission system operator shall have sufficient decision-making rights, independent from the integrated natural gas undertaking, with respect to operation, maintenance and development of natural gas transport networks;
D) the transmission system operator to develop and implement a compliance program with respect
principles and obligations set out in art. 34, including the reporting obligations and monitoring the implementation of the compliance program.
(2) Implement the established par. (1) c) should not prevent the existence of appropriate coordination mechanisms to ensure that rights are protected dominant undertaking economic surveillance and monitoring return on assets management firm transmission system operator dependent. In particular, it allows the dominant company to approve the annual financial plan of the transmission system operator or any other equivalent document, and to establish maximum indebtedness of the transmission system operator dependent enterprise.
(3) prohibits dominant undertaking to instruct the transmission system operator company dependent on its daily work, on decisions related to the modernization and development of natural gas transmission networks, which do not exceed the approved financial plan or any other equivalent document. Article 25. Ownership unbundling operator



transport system (1) Natural gas undertakings which holds title and operates natural gas transmission operates as transmission system operator's compliance with license conditions for natural gas transport.
(2) To ensure the independence of transmission system operator, the same person or persons are not entitled:
a) exercise, directly or indirectly exercise control over an undertaking carrying out an activity for the production or supply and exercise, directly or indirectly exercise control or exercise any right over the transmission system operator or a network transmission;
B) exercise direct or indirect control of the transmission system operator or a network of transportation and exercise, directly or indirectly exercise control or exercise any right over an undertaking performing any activity of production or supply;
C) to appoint members of the supervisory board, board of directors or other bodies representing the undertaking legally, if the transmission system operator or the transmission system, and to exercise, directly or indirectly control or exercise any right over an undertaking performing one of the functions of production or supply;
D) being a member / members of the supervisory board, board of directors or other bodies representing the undertaking legally, so if an undertaking performing any of the activities of generation and supply, as well if the transmission system operator or a transmission.
(3) The rights referred to in para. (2) a) -c) shall include in particular:
a) the power to exercise voting rights;
B) the power to appoint members of the supervisory board, board of directors or other bodies representing the undertaking legally;
C) holding a majority share.
(4) The obligation under Art. 23 para. (1) shall be considered satisfied if two or more undertakings which own transmission systems have created a joint venture which carries two or more countries parts of the Energy Community role of operator of the transmission system in relation to networks transport concerned. No other undertaking may be part of the joint venture, unless it has been designated as independent system operator or independent transmission operator in carrying out the relevant requirements of separation and has been certified in accordance with the terms and conditions of this law.
(5) If the person or persons referred to in para. (2) is a central specialized body of public administration, two central bodies of public administration, separate under the control of the transmission system operator or over a transmission system on the one hand, and on an undertaking carrying out one from the manufacture or supply, on the other hand, is not considered to be the same person or persons.
(6) prohibits the transmission system operator that is part of an undertaking vertically integrated natural gas to transmit information constituting a trade secret owned by the transmission system operator and / or his staff undertaking performing one from the manufacture or supply.
(7) For the purposes of this article, the term "undertaking performing one of the functions of production or supply" shall include "undertaking performing one of the functions of production or supply" within the meaning of Law no. 107 of May 27, 2016 on electricity, and the terms "transmission system operator" and "transmission system" refers to the notion of "transmission system operator" and "transmission system" with the meaning provided in the Act. Article 26.

independent system operator (1) Notwithstanding art. 25, at the request of the owner of the gas transmission networks, the Agency is entitled to appoint an independent system operator if transmission of natural gas undertakings belonged to a vertically integrated natural gas.

(2) An enterprise proposed to be designated as independent system operator (hereinafter - candidate operator) may be designated by the Agency as an independent system operator if the following conditions are cumulatively met:
a) operator demonstrates that the candidate meets the conditions laid down in art. 25 para. (2);
B) the candidate operator has demonstrated that financial, technical, physical and human resources to fulfill the functions and duties established in this law for the transmission system operator, especially in art. 39;
C) the candidate operator has committed to execute development plans for gas transmission networks for 10 years, the implementation of which is monitored by the Agency;
D) the owner of the gas transmission networks demonstrates that it has the capacity to fulfill the obligations in art. 27 para. (3). In this respect, he must provide copies of all contracts / pre-contracts concluded with the candidate operator and any other relevant entity;
E) the candidate operator has demonstrated that the capacity to fulfill the obligations regarding the granting of access to the gas transmission networks and on cooperation with transmission system operators at European and regional level.
Article 27. Obligations independent system operator
and owner of the transport networks

natural gas (1) Natural gas undertakings which fulfilled the conditions laid down in art. 26 and which has been designated independent system operator shall:
a) grant and manage third party access to the gas transmission networks, including connection charges collect charges for transmission services and other payments services rendered as operator of the transmission system;
B) operate, maintain, modernize and develop the natural gas transmission networks, to ensure long-term ability of natural gas transport networks to cover reasonable demands on natural gas transmission plans drawn up and implemented development of transport networks for natural gas for 10 years and annual investment plans. The modernization and development of natural gas transmission networks, the independent system operator is responsible for planning, construction and commissioning of the new infrastructure. In this regard, the independent system operator to perform the functions and duties are set out in art.
39. (2) The owner of the gas transmission networks can not perform the functions on granting and managing third party access to gas transmission networks in which it holds an ownership or on the preparation and execution of development plans the natural gas transmission networks and investment plans.
(3) Where the appointment of an independent system operator, the owner of the gas transmission networks must:
a) to cooperate with the independent system operator and to provide the necessary support for fulfilling functions and duties established by this law, and to provide the necessary information in this respect;
B) to finance investments decided on by independent system operator and approved by the Agency or express their consent for funding from any interested party, including the independent system operator. All relevant financial arrangements require approval from the Agency. Before approval, the Agency will consult with the owner of the gas transmission networks and other stakeholders;
C) assume responsibility in relation to current natural gas transmission networks, excluding the liability relating to the functions and duties independent system operator;
D) the guarantees, if necessary, to facilitate financing the development of gas transmission networks, except for investments which has given its agreement to financing by any interested party, including the operator independent system in accordance with subparagraph b). Article 28. Separation owner

networks transport gas

(1) If after the conditions set out in art. 26 was designated an independent system operator, the owner of the transport networks for natural gas is part of a gas undertaking vertically integrated should be independent, at least functionally, decision-making and legal form of organization, from other activities that are not related to transportation, distribution or storage of natural gas.
(2) To ensure the independence owner of the gas transmission network in accordance with paragraph. (1), to be followed the following minimum requirements:
a) persons responsible for the management of the owner of the gas transmission networks do not participate in company structures of the integrated natural gas that is responsible, directly or indirectly, achievement day operation of the production or supply of natural gas;
B) to undertake the necessary measures to ensure that the professional interests of persons responsible for the management of the owner of the gas transmission networks are taken into account so as to ensure that they are capable of acting independently;
C) the owner of the gas transmission networks to develop a compliance program which sets out measures taken to ensure the exclusion of behavior and discriminatory practices, and to ensure proper monitoring of the program. The compliance program must also contain information on the specific obligations of employees of the owner of the gas transmission networks to meet those objectives. The person or body responsible for monitoring the compliance program to operate in accordance with art. 34 and 35 and submit to the Agency an annual report to be referred to the measures taken to achieve compliance program. This report is published on the website of the owner of the gas transmission networks. Article 29.

Independent Transmission Operator (1) Notwithstanding art. 25, at the request of the owner of the gas transmission networks, the Agency is entitled to appoint an independent transmission operator if transmission of natural gas undertakings belonged to a vertically integrated natural gas.
(2) Independent Transmission Operator shall carry out the functions and duties set out in art. 39 and the requirements stipulated in Art. 30-35.
Article 30. Assets, equipment, staff and
the identity of the carrier

independent (1) Independent Transmission Operator shall have all the financial, technical, physical and human resources to fulfill its functions and fulfill its obligations in accordance with this law in connection with the activity of natural gas transmission, in particular:
a) the assets necessary to carry out transmission of natural gas, including natural gas transmission networks must be owned independent transmission operator;
B) personnel necessary for the activity of gas transmission, including the performance of all corporate tasks, shall be employed by the transmission independently;
C) prohibited the transmission of personnel and rendering of services to and from any part of the undertaking of the vertically integrated natural gas. An independent transmission operator the right to provide services company vertically integrated natural gas if:
- the services are not discriminate between system users, the services are available to all system users on the same terms and not restricting it, distort or prevent competition in production or supply of natural gas;
- Terms and conditions of supply of those services are approved by the Agency;
D) without prejudice to the functions of the supervisory body independent of the carrier, established in Art. 33 undertaking gas vertically integrated should provide carrier independent, timely financial resources for the development of new networks for the transport of natural gas or the modernization of the gas transmission available, based on a corresponding applications from independent transmission operator.

(2) In addition to the functions and duties set out in art. 39, in the activity of natural gas transmission, independent transmission operator is required to meet at least the following:
a) to represent their interests in relation to third parties and the Agency;
B) grant and manage third party access without discrimination between system users or between categories of system users;
C) collect fees for connection charges for transmission services and other payments for services rendered as operator of the transmission system;
D) to operate, maintain, modernize and develop the natural gas transmission networks safe, reliable and economically efficient;
E) to provide investment planning to guarantee the long-term ability of natural gas transport networks to meet reasonable demand and guaranteeing security of gas supply;
F) establish appropriate joint ventures, including with one or more transmission system operators with market operators and other relevant actors, for the creation and development of regional markets or to facilitate the liberalization process;
G) ensuring that, within the enterprise, all services necessary for its operation, including legal services, accountancy and IT services.
(3) Independent Transmission Operator to be organized in the legal form of a state enterprise, joint stock company or limited liability company.
(4) It is forbidden to create independent transmission operator, using its corporate identity, media, branding and premises, create confusion regarding its independence in relation to the undertaking of the vertically integrated natural gas or any enterprise within it.
(5) prohibits independent transmission operator to use the same computer systems or equipment, physical premises and security access systems with joint undertaking vertically integrated natural gas or any company within or involving the same consultants or external contractors for IT systems or equipment, and security access systems.
(6) The person who performs the audit of the company's economic and financial results of the vertically integrated natural gas or any other undertakings under its no right to audit the economic and financial results of independent transmission operator.
Article 31. Independence of the transmission

independent (1) Without prejudice to the functions of the supervisory body independent of the carrier, established in Art. 33, the carrier has independent powers such as:
a) the effective right to make decisions independently undertaking vertically integrated natural gas in terms of assets necessary to operate, maintain, modernize and develop transport networks natural gas;
B) the right to obtain financing on the capital markets, in particular through borrowing and capital increase.
(2) In carrying out its work, the carrier is acting independently so as to ensure it has the resources to fulfill its functions and duties properly and effectively, including the development and maintenance of gas transmission networks natural reliable and economically efficient.
(3) undertakings in the natural gas company engaged vertically integrated production of natural gas or natural gas supply can not, directly or indirectly, shares of independent transmission operator. Independent Transmission Operator is not entitled to hold, directly or indirectly, shares in any undertaking in the company's natural gas vertically integrated engaged in production of natural gas or natural gas supply, nor receive dividends or other benefits the financial undertaking.

(4) The overall management structure and the status of independent transmission operator should ensure its effective independence in accordance with Art. 30-33. Natural gas undertakings vertically integrated has no right to influence, directly or indirectly, the competitive behavior of independent transmission operator about daily activities thereof, in relation to operating activities, maintenance, modernization and development of networks transportation of natural gas or related to activities necessary for the development and implementation of development planning of transport networks for natural gas for 10 years and investment plans within the deadlines and conditions set forth in this law.
(5) In performing its functions and duties in accordance with this law, independent carrier is not entitled to discriminate between natural or legal persons or to restrict, distort or prevent competition in activities natural gas production or supply of natural gas.
(6) Any commercial and financial relations between natural gas company vertically integrated and independent transmission operator, including loans from the transmission company independent of vertically integrated natural gas shall be established in compliance with market conditions. Independent Transmission Operator is required to keep detailed information on commercial and financial relations of this kind and, upon request, to submit to the Agency.
(7) Independent Transmission Operator Agency is required to submit for approval all commercial and financial agreements concluded with the undertaking of the vertically integrated natural gas.
(8) Independent Transmission Operator shall inform the Agency of financial resources referred to in art. 30 para. (1) d) available to develop new natural gas transmission networks or networks of existing natural gas transportation.
(9) To prohibit undertaking vertically integrated natural gas to take any action that would impede or jeopardize the attainment of the carrier independently of the functions and duties set out in art. 30-33 and to seek independent transmission operator to ask permission for carrying out these functions and obligations.
Article 32. Independence of staff and management

independent transmission operator (1) Decisions regarding appointment and renewal, working conditions, including pay and decisions Retiring persons responsible for the management and / or members of management and the independent transmission operator shall be adopted by the supervisory body of independent transmission operator appointed in accordance with art.
33. (2) Independent Transmission Operator shall notify the Agency of identity and the conditions governing the term, the duration and the termination of office of the persons nominated by the supervisory body independent transmission operator as persons with management and / or members of the management bodies of independent transmission operator for the first time or in the renewal and to notify the Agency of the arguments justifying any proposal for a decision on termination of office of a person responsible for the management and / or member of the management bodies.
(3) Decisions taken in accordance with paragraph. (1) and the proposals made under paragraph. (2) shall be binding only if the Agency has not challenged within 3 weeks of notification.
(4) The Agency is entitled to challenge decisions and proposals referred to in paragraph. (1) and (2) if:
a) existence of reasonable doubt on the professional independence of a nominated person to perform a management and / or as a member of the management bodies;
B) the early conclusion of a warrant if there are reasonable doubts about the justification for this.

(5) can not be appointed as the person responsible for the management and / or member of the management bodies of the transmission independent candidate, during the three years preceding appointment, he held a position or had any professional responsibility or had an interest has been in business relationship, directly or indirectly, with the business of natural gas vertically integrated with any enterprise of its controlling shareholders or founders, except carrier independent.
(6) persons responsible for the management and / or members of management and employees of independent transmission operator can not hold any position or may not have any professional responsibility can not have any interest or relationship can not be business, directly or indirectly, with natural gas undertaking vertically integrated with any enterprise of its controlling shareholders or founders.
(7) persons responsible for the management and / or members of management and employees of the transmission can not be independent and shall not receive any interest, directly or indirectly, benefits, including financial benefits from undertaking vertically integrated natural gas from its undertaking from shareholders or founders, excluding independent transmission operator. Their remuneration can not depend on activities or results of the company vertically integrated natural gas, except of independent transmission operator.
(8) In the event of early termination of their appointments, people with management and / or members of the administration of independent transmission operator must have effective avenues of redress Agency.
(9) For 4 years after leaving office held in the independent transmission operator, the persons responsible for the management and / or members of its management bodies can not hold any position or may not have any professional responsibility can not have no interest or may not be in business relationship, directly or indirectly, with natural gas undertaking vertically integrated with any enterprise of its controlling shareholders or founders, except for independent transmission operator.
(10) The requirements set out in para. (5) applies to most persons responsible for the management and / or members of management of an independent transmission operator.
(11) persons responsible for the management and / or members of the administration of independent transmission operator which are not covered by the provisions of par. (5) shall not be exercised no management or other relevant activity within the company vertically integrated natural gas for a period of at least six months before their appointment.
(12) Para. (6) - (9) applies to all persons with executive and leadership, as well as those who are directly reporting to them, on issues related to the operation, maintenance, modernization or development of natural gas transmission networks.
Article 33. The supervisor operator
independent transmission
(1) Independent Transmission Operator shall have a supervisory body responsible for taking decisions which may have a major impact on the assets of the shareholders within independent transmission operator, in particular decisions regarding the approval of plans annual and long-term, the level of indebtedness of independent transmission operator and the size of dividends distributed to shareholders.
(2) The supervisory body independent of the carrier can not take decisions related to the current activities of independent transmission operator and on the operation of transmission of natural gas, and decisions about activities undertaken for plans development of transport networks for natural gas for 10 years, prepared in accordance with art.
42. (3) The supervisory body independent of the carrier is composed of members representing the undertaking vertically integrated natural gas from members representing third party shareholders and members representing other stakeholders such as employees of the transmission independent.

(4) The provisions of art. 32 para. (2) and (5) - (9) shall apply to at least half of the members of the Supervisory Body minus one independent transmission operator.
(5) The provisions of art. 32 para. (4) b) applies to all members of the supervisory body of independent transmission operator.
Article 34 Compliance program and agent
Compliance
(1) The transmission system operator is obliged to develop a compliance program which sets out measures taken to ensure the exclusion of behavior and discriminatory practices, and to ensure proper monitoring of compliance with that program. The compliance program must also contain information on the specific obligations of employees transmission system operator to achieve those objectives. The compliance program is subject to the approval of the Agency. Monitoring compliance by the transmission system operator shall ensure the compliance program by a compliance officer, who replaces the functions of the monitoring, established by this law.
(2) natural or legal person to exercise the functions of the Agency under proposed for approval by the transmission system operator. Simultaneously, the transmission system operator shall submit to the Agency the draft contract to be concluded by it with the compliance and must contain including provisions relating to the commencement, duration and termination, wage conditions, rights and obligations based on other rights and obligations.
(3) The compliance officer shall be independent in its actions in relation to the transmission system operator.
(4) To ensure the independence of the compliance officer must meet the following conditions:
a) the compliance officer can not hold any position or may not have any professional responsibility, can have no interest or may not be related business, directly or indirectly, with natural gas undertaking vertically integrated with any enterprise of its controlling shareholders or founders, except the transmission system operator;
B) at least three years before the appointment, the compliance officer may not hold any position or may not have any professional responsibility, can not have any interest or business relationship may be, directly or indirectly with natural gas undertaking vertically integrated with any enterprise of its controlling shareholders or founders, except the transmission system operator;
C) for four years after leaving office held within the transmission system operator, the compliance officer may not hold any position or may not have any professional responsibility, can not have any interest or relationship can not be in business directly or indirectly, with natural gas undertaking vertically integrated with any enterprise of its controlling shareholders or founders, except the transmission system operator;
D) the compliance officer may have no interest and can not receive, directly or indirectly, financial benefit from undertaking vertically integrated natural gas from its undertaking from shareholders or its founders, except the transmission system operator.
(5) The Agency shall examine the proposals received under par. (2) within one month of receipt. The Agency is entitled to reject the nominee as a compliance officer for reasons of lack of independence or professional capacity. When examining the draft agreement to be concluded between the transmission system operator and the compliance officer, the Agency is entitled to require the transmission system operator to amend the provisions of that contract if they affect the independence of the compliance.

(6) After completing the appropriate contract with the compliance officer, the transmission system operator is entitled to change contractual terms or release the contract only if it has obtained the prior approval of the Agency in this regard. At the request of the Agency, the transmission system operator is obliged to terminate the compliance officer for reasons of lack of independence or professional capacity. The Agency shall examine the request of the transmission system operator in relation to modification or termination by the compliance officer within one month.
(7) During his mandate, the compliance officer may not hold another position can not have another
professional responsibility or interest, directly or indirectly, in relation to any part of the integrated natural gas undertaking vertical, controlling shareholders or founders.
(8) The transmission system operator compliance officer must create the conditions necessary to carry out / ensure its independence, including through the provision of all resources necessary to fulfill its functions.
Article 35. The functions and duties of the agent
Compliance
(1) The compliance officer shall have the following functions:
a) monitors the implementation of the compliance program;
B) annually in the period up to March 31, draw up a report containing the measures taken by the transmission system operator in connection with the performance compliance program and submit that report to the Agency. The report on steps taken by the transmission system operator of the completion of the compliance program is published on the website of the transmission system operator;
C) reporting persons responsible for the management and / or supervisory body of the transmission system operator on the compliance program and the implementation of its recommendations in this regard;
D) notify the Agency of any serious violation in connection with the implementation of the compliance program within 7 calendar days from the day he learned of the breach;
E) report to the Agency on any commercial and financial relations between transmission system operator and undertaking vertically integrated natural gas.
(2) Where an independent system operator has been designated as the operator of the transmission system, the compliance officer will make recommendations on decisions on the appointment and extension of the mandate, working conditions, including remuneration, and termination of office of the persons responsible for the management and / or members of management and owner of natural gas transmission networks and independent system operator.
(3) The compliance officer must present the Agency's proposals for decisions on investment plans or on individual investments in the gas transmission network at the latest until the time of submission for approval of such decisions supervisory body of the transmission system operator transport by people in leadership positions.
(4) The compliance officer shall notify the Agency if, in the general assembly or through the vote of the members of the supervisory body of the company's vertically integrated natural gas was prevented approval of a decision and, therefore, it was blocked or impeded investment in connection with the execution in the next 3 years development plan of transport networks for natural gas for 10 years.
(5) The compliance officer may attend all meetings of governing bodies or management bodies of the transmission system operator and those of the supervisory body and the general assembly. Those organs are obliged to inform the compliance officer about all scheduled meetings and provide all the necessary materials about the topics to be discussed at those meetings. The compliance officer shall participate compulsorily in all the sessions to be discussed the following topics:

A) conditions for access to the network and use of gas transmission networks, in particular tariffs for transmission services of natural gas for granting network access services and those related to the use of gas transmission networks natural transmission capacity allocation and congestion management, transparency, balancing mechanisms and secondary markets;
B) projects undertaken in connection with the operation, maintenance, modernization and development of natural gas transport networks, including investment in interconnection capacity and increasing natural gas transmission networks or optimizing existing capacity;
C) purchases and sales necessary for the operation of natural gas transmission, including ancillary and balancing.
(6) The compliance officer is obliged to monitor compliance of the transmission system operator of the provisions on confidentiality in relation to both the transmission system operator, and in relation to the owner of the gas transmission networks.
(7) The compliance and ensure access to the premises of transmission system operator, including all data and information relevant to the performance of its functions. The compliance officer is entitled to access the premises of the transmission system operator without prior notice.
(8) The compliance officer shall furnish the Agency, in writing or verbally, quarterly reports and is entitled to report in writing or verbally, the supervisory body of the transmission system operator.
Article 36. Designation and operator certification

transport system (1) Before being appointed as the operator of the transmission system by licensing a natural gas transmission, natural gas company to be certified in accordance with the procedure referred to in this article.
(2) After fulfilling all requirements concerning the separation and independence of the transmission system operator, established in Art. 23, natural gas undertaking must notify in writing the Agency of this fact, require certification and submit all documents, data and appropriate information.
(3) Within 4 months from the filing date of the transmission system operator of the notification under par. (2) and provided that all documents, data and information demonstrating compliance by the transmission system operator requirements for separation and independence, the Agency shall take a decision on the certification of provisional transmission system operator.
(4) Where the deadline specified in para. (3) The Agency shall take a decision on certification is not temporary or does not communicate in writing about the refusal of the transmission system operator on the certification, it shall be deemed granted on the basis of tacit approval. By the deadline at the request of the transmission system operator, the Agency is required within 5 working days to take a decision on the provisional finding tacit approval on certification of transmission system operator.
(5) The Agency shall, no later than 5 working days, the Energy Community Secretariat on the provisional decision on the certification of transmission system operator, approved explicitly or tacitly, and submit its documents and relevant data in this regard. Within four months of receiving the notification, the Energy Community Secretariat Agency presents its opinion on the compliance of the transmission system operator certification conditions. If, by the deadline, the Energy Community Secretariat an opinion considered that it had no objections to the decision of the Agency on the certification of provisional transmission system operator.
(6) Not later than two months after receiving the opinion of the Energy Community Secretariat on the performance of the transmission system operator of the conditions for certification, the Agency shall take the decision regarding the certification of transmission system operator, taking into account opinion of the Energy Community Secretariat.

(7) Agency Decision on the certification of transmission system operator and the opinion of the Energy Community Secretariat shall be published in the Official Gazette of the Republic of Moldova, the official website of the Agency and the Energy Community. If the decision of the Agency on the certification of transmission system operator diverges from the Energy Community Secretariat, the Agency indicated in the decision and published together with the reasons for its decision divergent also inform accordingly the Energy Community Secretariat.
(8) Under the certification procedure, the Agency and the Energy Community Secretariat shall be entitled to require the transmission system operator, manufacturers and suppliers any information for the certification of transmission system operator. The Agency and the Energy Community Secretariat shall be obliged not to disclose information which constitutes a trade secret.
(9) The transmission system operator shall be considered certified only after publication in the Official Gazette of the Republic of Moldova on the certification decision adopted by the Agency to complete the procedure specified in this article.
(10) After completing the certification procedure at the request of the transmission system operator or of its own motion, the Agency is to decide on the issuance of new licenses for the transportation of gas or on updating the license issued to the transmission system operator entry into force of this law. Article 37. Monitoring of the principles of separation


transmission system operator (1) The Agency shall monitor compliance of the transmission system operator requirements for separation and independence stipulated in this Law. Under this article, the Agency carries out the monitoring function regardless of the level of independence required and / or the separation of the transmission system operator applied.
(2) During the implementation of the transmission system operator of the principles laid down in art. 24 provisions related to monitoring applies fully except those governing the procedure for certification.
(3) The Agency is entitled to repeatedly initiate the certification procedure for evaluating if requirements concerning the separation and independence of the transmission system operator in the following cases:
a) following the notification received from the transmission system operator pursuant to par. (4);
B) automatically when he learned that a planned change in rights or influence over transmission system operator may be contrary to the conditions of achieving separation and independence of the transmission system operator or when has reason to believe that would have produced such a breach;
C) upon reasoned request of the Energy Community Secretariat.
(4) The transmission system operator is obliged to notify the agency of any planned transaction which may require a reassessment of compliance of conditions for this separation and independence of the transmission system operator.
(5) The Agency shall take a decision on the certification of transmission system operator repeated within 4 months from the date specified in paragraph visible cases. (3).
(6) For the purposes of this Article, the Agency carried out repeated certification of transmission system operator pursuant to art.
36. (7) If the Agency finds that the unbundling requirements and / or independent transmission system operator were violated, the transmission system operator is obliged to eliminate these violations within the deadlines set in the Agency's decision. Transmission system operator shall submit to the Agency all documents, data and information proving the violations are.
(8) Where transmission system operator does not remove the deadlines, infringements found, the Agency is entitled to initiate proceedings to suspend the license for natural gas transmission in accordance with this law and enforce the financial penalty set art. 113 par. (3) c).
Article 38 Certification in relation to third countries

(1) If the Agency records a certification request from the transmission system operator which is controlled by a person or persons from one or more third countries, the Agency is required to notify the Energy Community Secretariat this connection.
(2) The transmission system operator is obliged to inform the Agency about the occurrence of any circumstances under which an individual or some individuals in one or more third countries could get control of the transmission system operator or over a transmission system gas. In this case, the Agency without delay notify the Energy Community Secretariat on the occurrence of circumstances referred to in this paragraph.
(3) Certification in relation to third countries shall be subject to the procedure laid down in art. 36, taking into account the specific requirements mentioned in this article.
(4) The Agency is entitled to refuse certification of transmission system operator which is controlled by a person or persons from one or more third countries where there is demonstrated that:
a) the system operator transport meets the requirements for separation and independence established by this law;
B) granting certification does not endanger the security of gas supply to Moldova and the Energy Community. In examining this issue, the Agency shall take into account:
- rights and obligations of the Energy Community to the third country, under international law, including the rights and obligations arising from any agreement concluded with one or more third countries that the Energy Community is a party and which are aspects related to security of supply of natural gas;
- Moldovan rights and obligations in relation to third country concerned, in accordance with agreements concluded with that country, in so far as they do not contravene the Energy Community Treaty;
- The rights and obligations arising from the Association Agreement between Moldova and the European Union or commercial agreements between Moldova and the European Union;
- Other specific circumstances of the present case and the third country concerned.
(5) central specialized body of public administration in the field of energy and / or other central public administration authorities are obliged to provide the Agency upon request, an opinion on the matters referred to in para. (4).
(6) The Agency, taking into account the opinion of the Energy Community Secretariat, the right to refuse certification where granting certification puts at risk the security of gas supply to Moldova or any other part of the Energy Community countries or whether granting certification puts threatening public security interests of the Republic of Moldova.
Article 39. The functions and duties of the operator

transport system (1) Regardless of the separation implemented, the transmission system operator must fulfill the following functions and duties:
a) operate, maintain, modernize and develop the natural gas transmission networks safe, reliability and efficiency, with respect to the protection of the environment. The operation, maintenance, modernization and development of transport networks for natural gas transmission system operator applies compulsorily, modern management methods of energy efficiency and / or demand management, in compliance with the minimum standards for the maintenance and development of networks gas transmission, including interconnections;
B) ensure the long-term ability of natural gas transport networks to cover reasonable requests for gas transmission, developed and applied development plans for gas transmission networks for 10 years, taking into account the weather production and consumption of natural gas;
C) contributing to security of gas supply through gas transmission and reliability of natural gas and provide central body of public administration in the field of energy related information in accordance with this Law;

D) manage gas flows in the gas transmission networks, taking into account exchanges with other systems that are interconnected. To this end, the transmission system operator ensures the safe, reliable and efficient transport networks for natural gas and the availability of all necessary ancillary services, including those provided on request, insofar as this availability is independent from another system transport is interconnected;
E) to prioritize the natural resource of natural gas extracted or produced artificially in Moldova, where quality compliance when dispatching natural gas production capacity, provided that the proposed prices do not exceed the average import price gas and insofar as it does not affect the safe operation of the gas system;
F) fulfill the function of managing congestion in the transmission of natural gas, including interconnections in accordance with Regulation on access to gas transmission networks and congestion and to ensure efficient use of network capacity transport natural gas, including interconnections;
G) not discriminate between system users or classes of system users, avoiding, in particular, discrimination in favor of related;
H) to present other transport system operators, distribution system operators and storage operators deposits sufficient information to ensure the security and efficient operation, coordinated development and interoperability and gas networks and storage depots interconnected;
I) to submit, in an understandable way, quantifiable and accessible system users all the information needed for efficient access to the gas transmission networks and use these networks as well as information on the services they provide and relevant conditions applied, including the contracted capacity and available capacity are not limited to technical information, except for information determined by the agency as official information with limited accessibility;
J) to answer any service request in the terms and conditions of this law, the Regulation on natural gas networks, the Regulation on access to gas transmission networks and congestion management, the Regulation on the connection, Regulation on measuring natural gas for commercial purposes, the Regulation on the quality of transmission and distribution of natural gas;
K) make the connection, disconnecting and reconnecting to the transmission of natural gas in the terms and conditions set out in art. 61, 62, 70 and 83 of this Law and the Regulation on the connection;
L) place daily on its electronic character operative and technical information on the operation of the gas transmission networks. List of information to be published shall be approved by the Agency;
M) to take other measures necessary for the service of natural gas transmission, including ancillary services, and to meet public service obligations under regulated terms, fair and non-discriminatory for all system users, according to conditions in the license, with this law, the Regulation on access to the natural gas transmission and congestion management, the Regulation on the connection, the Regulation on natural gas networks, the Regulation on measuring natural gas for commercial purposes of Regulation the quality of service transportation and distribution of natural gas, the natural gas market rules, other regulatory legal acts issued by the agency, respecting the principles of accessibility, availability, reliability, continuity, efficiency, quality and transparency;
N) provide the Agency, at least every 3 months or to request a report on the volume of natural gas supplied in the context of cross-border trade of natural gas during the previous months;

A) comply with the licensed activity, the normative acts on environmental protection, including the rules of construction, technical standards and normative-technical documents, established by law in order to reduce / limit / eliminate the impact of natural gas transmission networks on the environment.
(2) the activity of transporting natural gas transmission system operator can use natural gas networks sent it into use by third parties, subject to the conditions set out in the Civil Code, but without violating the unbundling requirements and independence set out in this law.
(3) The transmission system operator is obliged to build sufficient capacity to connect cross-border gas transmission system in Moldova with natural gas transportation systems in other parts of the Energy Community countries and / or to integrate regional market, responding to all requests justified technically and economically capacity and taking into account the need to ensure security of gas supply.
(4) The transmission system operator shall take the dispatcher to manage volumes of natural gas supplied by the natural gas transmission networks and provides natural gas system balancing and system services, while respecting the principle of maximum efficiency cost, in conditions of this law, the Regulation on natural gas networks in the gas market rules. The rules used by the transmission system operator for this purpose shall be objective, transparent and non-discriminatory, including the user charging system for causing imbalances in the natural gas transmission networks. Conditions, including rules and tariffs for services rendered by the transmission system operator shall be determined without discrimination. Prices should reflect costs and be published after approval by the Agency.
(5) The transmission system operator is obliged to supply natural gas transmission service under a contract for the service of gas transmission concluded in accordance with this Law and Regulation on the connection.
(6) The transmission system operator procures natural gas needed to cover technological consumption and losses of natural gas from gas transmission networks and maintain reserve capacity in their networks in accordance with established procedures transparent and non- discriminatory rules gas market in natural gas networks Regulation and the Regulation on access to gas transmission networks and congestion.
(7) The transmission system operator shall procure the energy and other goods, works and services required for carrying licensed in accordance with the procedures laid down in Regulation transparent and non-discriminatory procurement procedures of goods, works and services used in the activity holders license in the gas market rules and regulation on the planning, approval and investments in natural gas (hereinafter - Regulation on investment).
(8) Except as provided in art. 4, 8 and 15, the transmission system operator is obliged to refrain from disclosing official information with limited accessibility obtained from carrying out the licensed activity and the provision in a discriminatory manner information about their activity, which can be advantageous from the point commercially for system users. In order to fully respect the rules on information unbundling, the transmission system owner including, in the case of a controller combined distribution system operator, and the remaining part of the undertaking of natural gas do not use joint services (for example, does not use a service common legal ), except for purely administrative or IT functions.
(9) transmission system operator is prohibited to abuse of information obtained from third parties in connection with providing access to the gas transmission networks where the purchase or sale of natural gas is effected through related companies.

(10) The transmission system operator fulfills other functions and duties in conditions of this law and normative acts approved by the regulatory agency, respecting the principles of ensuring stability, reliability, security and efficiency of the gas system operation. In performing its functions and duties, the transmission system operator taking into account the need to facilitate the establishment of a regional market for natural gas in accordance with Moldova's energy strategy and the need to liberalize it.
Article 40. Presentation of data and information
by transmission system operator
(1) The transmission system operator is obliged to publish on its electronic information on services, the relevant conditions applied and technical information necessary for providing efficient access to users system to the transmission of natural gas.
(2) In order to ensure transparent, objective and non discriminatory and facilitate the efficient use of transport networks for natural gas transmission system operator shall publish on its electronic information on the formation of tariffs for services provided and on the method of calculation and the tariff structure.
(3) As regards services, the transmission system operator is obliged to publish on its electronic information on technical capabilities, contracted capacities and capabilities available at all relevant points including entry and exit points the gas transmission network, and other information necessary for providing efficient access to the gas transmission networks.
(4) The information referred to in para. (3) shall be published periodically, continuously and in a standardized manner, in compliance with Regulation on access to gas transmission networks and congestion. The transmission system operator shall submit all the information required under this law in a comprehensible, unequivocal, quantifiable, easily accessible and non-discriminatory.
(5) The relevant points of a transmission system for natural gas to be published information referred to in para. (3) shall be determined by the transmission system operator and submit to the Agency for approval after consultation with users of the system.
(6) The transmission system operator ex ante and ex post public information available on supply and demand based on nominations, forecasts and actual gas flows recorded at ports of entry and exit of the transport network gas. The Agency shall monitor compliance of the transmission system operator has the obligation to disclose information.
(7) The transmission system operator is obliged to publish information about the measures taken, about costs, as well as revenues in ensuring balance in the natural gas system.
(8) To ensure the security and operational gas transmission networks in the context of congestion management, TSO cooperates with transmission system operators in neighboring countries, including application of a continuous exchange of information mechanism. TSO exchange information on indications measurement equipment and other necessary information for pressure regulation and exchange of natural gas transmission system exploiting interconnected gas systems.

(9) The transmission system operator is obliged to develop and submit, before 31 March, the central organ of public administration in the energy field and the Agency an annual report containing information on the work done the previous year, on ensuring balance between supply and demand in the natural gas system, forecast demand and sources of coverage available, additional capacity planned or under construction, service quality natural gas transport and the maintenance of transport networks for natural gas , measures to meet demand for peak and shortages in natural gas supply in case of unavailability of one or more suppliers including emergencies gas market, the implementation of the regulation on natural gas networks and the Code of gas networks natural, technological consumption and losses of natural gas in the gas transmission networks, as well as on security of gas supply, including actions to be taken in case of reduction of volumes delivered by one or more providers. The report is published on the website of the transmission system operator.
(10) The transmission system operator is obliged to keep the documents related to the information referred to in this article for five years and submit them on request, public authorities, including the Agency and the Competition Council and the Energy Community Secretariat.
Article 41. Presentation of data and information

transmission system operator (1) At the request of the transmission system operator, producers, distribution system operators, operators storage warehouses, suppliers and end consumers connected to the transmission of natural gas transmission system operator shall submit data and information necessary for:
a) the development and operation of transmission of natural gas, and for recording and analyzing operational events;
B) examine consumer schemes and characteristics of natural gas consumption, other information necessary for pressure regulation and management of gas exchange;
C) providing access to the gas transmission networks and use of gas transmission networks;
D) forecasting demand for natural gas, as well as deviations from the investment plans;
E) service delivery system;
F) monitoring service quality natural gas transportation;
G) monitoring the security of gas supply.
(2) The participants in the gas market presents the TSO and other data and information necessary to the performance by the transmission system operator of the obligations and duties established in this law and other regulations in this field, including functions collection and aggregation of information.
(3) natural gas market participants shall provide the transmission system operator the information referred to in this article in accordance with the terms and conditions set out in the Regulation on natural gas networks.
Article 42. Developing gas transport networks
Natural and investment plans
(1) The transmission system operator performs better transport natural gas related to the increased demand for natural gas so as to ensure the reliability and continuity of supply to consumers of natural gas, in compliance with this laws. Development costs of natural gas transmission networks borne by the transmission system operator. These expenses are taken into account when setting tariffs for gas transmission where were performed in accordance with the license conditions, the methodology for calculating tariffs for the transportation of natural gas, the Regulation on Investment .

(2) In the context of the obligation laid down in Art. 39 para. (1) c) the transmission system operator is obliged, considering the energy strategy of the Republic of Moldova, the supply and demand of current and projected, to develop and, after consultation with all stakeholders, to submit to the Agency for approval a development plan gas transmission networks for 10 years (in this article, continue - development plan). The development plan must include effective measures to ensure the reliability of natural gas and security of gas supply and indicate the participants in the gas market major transport networks for natural gas is expected to be rebuilt or rehabilitated over the next 10 years, contain information on the investments already decided and identify new investments which have to be executed in the next three years and provide a time frame for all investment projects. The development plan should contain, but are not limited to:
a) description of existing infrastructure, its current status and the degree of wear, the list of interventions conducted over the past year and the results of studies on development gas transmission networks and installation of measuring equipment;
B) description of the natural gas transmission networks and related targets that need to be built or upgraded over the next 10 years;
C) the timing of investment projects planned to be executed in the next 10 years;
D) estimating the required capacity, import trends and forecast production, energy efficiency measures and forecast consumption;
E) description of the means and investments needed to meet forecasted demand of natural gas;
F) description of the investments that have been approved and to be approved and executed in the next three years, and the timetable for implementation of these projects;
G) the objectives and planned financial effects to be obtained following the implementation plan, in particular the impact of investments on tariffs for natural gas transportation and other ancillary services provided by the transmission system operator, capacity utilization, decrease the duration of interruptions, the stability of gas pressure in the gas transmission networks, technological consumption and reduce losses of natural gas in the gas transmission networks and performing other quality indicators of natural gas transportation service.
(3) The development plan, the transmission system operator shall make reasonable assumptions about the evolution of cross-border trade, especially imports, production, supply and consumption of natural gas, taking into account investment plans for adjacent networks. To this end, the transmission system operator cooperates with distribution system operators and the transmission system operators in neighboring countries.
(4) The transmission system operator is obliged to submit to the Agency for review and approval development plan. When examining the plan, agency, if necessary, request the transmission system operator to consult public authorities, business gas and users of the system, existing or potential, in connection with the development plan and provide the Agency with information on the results of consultations. Agency asks transmission system operator to amend the development plan, including if it fails to meet investment needs identified in the consultation.
(5) After examination and evaluation plan, including through the approach investment needs identified in the public consultation, the Agency approved the development plan concerned.
(6) The development plan shall be published on the website of the transmission system operator and the official website of the Agency. The Agency shall monitor and evaluate the implementation of the development plan approved. Every two years as required or requested by the Agency, the transmission system operator shall examine the opportunity of amending the development plan and after the procedure described in this article, submit for approval Agency development plan changed.

(7) Where the transmission system operator, for reasons not attributable to him, does not execute an investment that, in accordance with the development plan in question to be executed in the next 3 years and is still relevant according to the latest changes to the plan development Agency is required to take at least one of the following measures to ensure that the investment in question:
a) require the transmission system operator to execute the investments in question;
B) to organize the tender for the investment in question is open to all interested investors;
C) require the transmission system operator to fund the investments foreseen in the development plan, including the capital increase, and allow independent investors to participate in the capital increase.
(8) If the agency turned to his right, as in para. (7) b) it may oblige the transmission system operator to agree to one or more of the following measures:
a) financing by any third party;
B) construction by any third party;
C) construction of natural gas transmission network operator by himself;
D) exploiting new natural gas transmission network operator by himself.
(9) The transmission system operator is obliged to provide investors with all information needed to realize the investment, connect new network to transport natural gas to the transmission of natural gas available and make every effort to facilitate implementation of the investment project. Contracts on the implementation of such investment project, including the financing, subject to the approval of the Agency.
(10) If the agency turned to the rights under par. (7) and para. (8) costs of the investments are included in the price.
(11) Based on the approved development plan, taking into account the requests coming from existing or potential system users, as well as updated information on the state and wear of the gas transmission networks, the transmission system operator it is obliged to prepare and submit to the Agency for approval annually in the period up to September 30, the investment plan for next year. Annual investment plan is developed by the transmission system operator pursuant to the requirements of Regulation on investment.
(12) The Agency shall consider and approve within to November 30, the annual investment plan presented by the transmission system operator with the possibility of extending the period of examination by one month. When examining the annual investment plan, the Agency, if necessary, request the transmission system operator to consult public authorities, business gas and users of the system, existing or potential, in connection with the annual investment plan and submit to the Agency information on the results of consultations. If annual investment plan presented by the transmission system operator does not meet the requirements of Regulation on investment, the Agency is entitled to require the transmission system operator to make necessary changes.
(13) The transmission system operator shall publish on its electronic annual investment plan approved detailed project to be completed by the operator.
(14) annually before April 30, the transmission system operator shall submit to the Agency a report on the achievement of the development plan and investment plan for the previous year, in compliance with the requirements of Regulation on investment. The Agency does not approve, for purposes of recovery through tariffs, investments by the transmission system operator not complying annual investment plans approved by the Agency.
Chapter VIDISTRIBUŢIA GAS

Article 43.

distribution system operator (1) Natural gas undertakings which holds an ownership or use and exploit natural gas distribution networks operate as a distribution system operator pursuant gas distribution license issued by the agency under the law.
(2) the distribution system operator is organized as a natural gas company, specialized and independent legal entity.

(3) In performing its functions and duties, the distribution system operator is independent of any undertaking with the production, transport, storage or supply of natural gas and can not licensed for production, transport, storage or supply natural gas, unless set out in art. 50. Article 44. Separation system operator


distribution (1) distribution system operator is part of an integrated natural gas undertaking shall be independent at least in terms of functional decision-making and organizational legal form from other activities not related to the natural gas distribution activity.
(2) The principle of independence of the distribution system operator as in para. (1) does not impose an obligation to separate the ownership of assets of the enterprise distribution system operator vertically integrated natural gas.
(3) To ensure the independence of the distribution system operator to be followed the following minimum requirements:
a) persons responsible for the management of the distribution system operator not to participate in company structures of the integrated natural gas which is responsible directly or indirectly for carrying out daily activities of generation, transmission or supply of natural gas;
B) to undertake appropriate measures to ensure that the professional interests of persons responsible for the management of the distribution system operator are taken into account so that they are capable of acting independently;
C) the distribution system operator must have sufficient rights to make decisions independent natural gas company integrated on the operation, maintenance and development of natural gas distribution networks. To perform these functions, the distribution system operator must have the necessary resources including human, technical, physical and financial.
(4) The independence of the distribution system operator does not prevent dominant undertaking to approve the annual financial plan or any equivalent document, and to establish maximum indebtedness of the transmission system operator dependent enterprise.
(5) prohibits dominant undertaking to instruct the distribution system operator company dependent on its daily work, on decisions related to the modernization and development of natural gas distribution networks, which do not exceed the approved financial plan or any other equivalent document.
(6) the distribution system operator is prohibited from taking advantage of the fact that an undertaking is part of a vertically integrated natural gas to distort competition in the gas market. In particular, the activities of its communication and advertising distribution system operator is part of an enterprise natural gas vertically integrated has no right to create confusion about the separate identity of the supplier in the company of natural gas vertically integrated.
(7) Natural gas undertakings which have already taken steps related to accounting separation, legal or functional, ensuring greater independence of the distribution system operator within the integrated natural gas undertaking can not cancel these measures or measures taken separating the transmission system operator.
(8) The Agency shall monitor compliance of the distribution system operator of the conditions for separation and independence.
Article 45. Compliance program and agent
compliance

(1) the distribution system operator is obliged to develop a compliance program which sets out measures taken to ensure the exclusion of behavior and discriminatory practices, and to ensure proper monitoring of compliance with that program. The compliance program must also contain information on the specific obligations of employees of the distribution system operator to achieve those objectives. Monitoring compliance by distribution system operator shall ensure the compliance program by a compliance officer, who replaces the functions of the monitoring, established by this law.
(2) following natural or legal person to exercise the functions of the Agency under proposed for approval by distribution system operator. Simultaneously, the distribution system operator shall submit to the Agency the draft contract to be concluded by it with the compliance and must contain including provisions relating to the commencement, duration and termination of the contract, the wage conditions, rights and obligations based on other rights and obligations.
(3) The compliance officer shall be independent in its actions in relation to the distribution system operator. To ensure the independence of the compliance officer must meet the following conditions:
a) the compliance officer can not hold any position or may not have any professional responsibility, can not have any interest or business relationship can be, directly or indirectly, with natural gas undertaking vertically integrated with any enterprise of its controlling shareholders or founders, except the transmission system operator;
B) at least three years before the appointment, the compliance officer may not hold any position or may not have any professional responsibility, can not have any interest or business relationship may be, directly or indirectly with natural gas undertaking vertically integrated with any enterprise of its controlling shareholders or founders, except the transmission system operator;
C) for four years after leaving office held within the distribution system operator, the compliance officer may not hold any position or may not have any professional responsibility, can not have any interest or relationship can not be in business directly or indirectly, with natural gas undertaking vertically integrated with any enterprise of its controlling shareholders or founders, except the transmission system operator;
D) the compliance officer may have no interest and can not receive, directly or indirectly, financial benefit from undertaking vertically integrated natural gas from its undertaking from shareholders or its founders, except the transmission system operator.
(4) The Agency shall examine the proposals received under par. (2) within one month of receipt. The Agency is entitled to reject the nominee as a compliance officer for reasons of lack of independence or professional capacity. When examining the draft agreement to be concluded between the distribution system operator and the compliance officer, the Agency is entitled to require the distribution system operator to modify the conditions of that contract if they affect the independence of the compliance.
(5) After completing the appropriate contract with the compliance officer, the distribution system operator is entitled to change contractual terms or release the contract only if it has obtained the prior approval of the Agency in this regard. At the request of the Agency, the distribution system operator is obliged to terminate the compliance officer for reasons of lack of independence or professional capacity. Agency examines the distribution system operator's request of modification or termination by the compliance officer no later than 10 working days.
(6) During his mandate, the compliance officer may not hold another position can not have another professional responsibility or interest, directly or indirectly, in relation to any part of the undertaking of the vertically integrated natural gas, with shareholders or founders.

(7) The compliance officer shall have the following functions:
a) monitors the implementation of the compliance program;
B) annually, until March 31, draw up a report containing the measures taken by the distribution system operator in connection with the performance compliance program and submit that report to the Agency. The report on steps taken by the distribution system operator of the completion of the compliance program is published on the website of the distribution system operator;
C) report governing bodies of the transmission system operator on the compliance program and the implementation of its recommendations in this regard;
D) notify the Agency of any serious breach of the implementation of the compliance program within 7 calendar days from the day he learned of the breach;
E) report to the Agency on any commercial and financial relations between the distribution system operator and undertaking vertically integrated natural gas.
(8) the distribution system operator compliance officer must create the conditions necessary for the work and ensure its independence and to grant access to all relevant information for the performance of its owned distribution system operator in question and any related enterprise.
Article 46. The functions and duties of the operator

distribution system (1) the distribution system operator must fulfill the following functions and duties:
a) operate, maintain, modernize and develop natural gas distribution networks safe, reliability and efficiency, with respect to the protection of the environment. The operation, maintenance, modernization and development of natural gas distribution networks, the distribution system operator applies compulsorily, modern management methods of energy efficiency and / or demand management;
B) ensure the long-term ability of natural gas distribution networks to cover reasonable demands for natural gas distribution, development plans drawn up and implemented a natural gas distribution networks, taking into account, in particular, natural gas consumption forecast;
C) manage flows of natural gas from the natural gas distribution networks;
D) to prioritize the natural resource of natural gas extracted or produced artificially in Moldova, where quality compliance when dispatching natural gas production capacity, provided that the proposed prices do not exceed the average import price gas and insofar as it does not affect the safe operation of the gas system;
E) does not discriminate between system users or classes of users from the system, avoiding, in particular, discrimination in favor of related;
F) show transmission system operators, distribution system operators exploiting natural gas networks interconnected with network and storage operators deposits sufficient information to ensure the security and efficient operation, coordinated development and interoperability and gas networks natural and interconnected storage warehouses;
G) to submit, in a comprehensible, accessible and quantifiable system users all the information needed for efficient access to the natural gas distribution networks and use these networks as well as information on the services they provide and relevant conditions applied;
H) to respond to any service request in the terms and conditions of this law and the regulation on natural gas networks, development regulation of natural gas distribution networks, connecting Regulation, Regulation on natural gas measurement purposes commercial and Regulation on the quality of transmission and distribution of natural gas;
I) make the connection, disconnecting and reconnecting to the natural gas distribution networks in the terms and conditions set out in art. 61, 62, 70 and 83 of this Law and the Regulation on the connection;

J) undertake other measures necessary for the service of natural gas distribution, including ancillary services, and to meet public service obligations under regulated terms, fair and non-discriminatory for all system users, according to conditions in the license, with this law, the Regulation on the connection, the Regulation on natural gas networks, the Regulation on measuring natural gas for commercial purposes of the Regulation on the quality of transmission and distribution of natural gas, the Rules gas market, other regulatory legal acts issued by the agency, respecting the principles of accessibility, availability, reliability, continuity, efficiency, quality and transparency;
K) comply with the licensed activity, the normative acts on environmental protection, including the rules of construction, technical standards and normative-technical documents, established by law, to reduce the impact of natural gas distribution networks on the environment.
(2) the distribution system operator is obliged to supply natural gas distribution service under a contract for the service of natural gas distribution, concluded in accordance with this Law and Regulation on the connection.
(3) the distribution system operator procures natural gas needed to cover technological consumption and losses of natural gas in the natural gas distribution networks and maintain reserve capacity in their networks in accordance with the procedures set out in Rules transparent and non-discriminatory market Regulation on gas, and natural gas networks.
(4) Except as provided in art. 4, 8 and 15, the distribution system operator is obliged to refrain from disclosing official information with limited accessibility obtained from carrying out the licensed activity and the provision in a discriminatory manner information about their activity, which can be advantageous from the point commercially for system users.
(5) the distribution system operator is prohibited to abuse of information obtained from third parties in connection with granting access to the natural gas distribution networks where the purchase or sale of natural gas is effected through related companies.
(6) the distribution system operator fulfills other functions and duties in conditions of this law and normative acts approved by the regulatory agency, respecting the principles of ensuring stability, reliability, security and efficiency of the gas system operation.
Article 47. Presentation of data and information
by distribution system operator
(1) the distribution system operator is obliged to publish on its electronic information on services, the relevant conditions applied and technical information necessary for providing efficient access to users system to natural gas distribution networks.
(2) In order to ensure transparent, objective and non discriminatory and facilitate the efficient use of natural gas distribution networks, the distribution system operator shall publish on its electronic information on the formation of tariffs for services provided and on the method of calculation and the tariff structure.
(3) the distribution system operator is obliged to develop and submit before April 30, the central body of public administration in the energy field and the Agency an annual report containing information on the work done the previous year, quality of natural gas distribution, the maintenance of distribution networks for gas, measures to meet demand for peak consumption and technological losses of natural gas distribution networks for gas, the interruptions in supplies to consumers of natural gas and on connecting to and disconnecting from the natural gas distribution networks. The report is published on the website of the distribution system operator.
Article 48. Presentation of data and information
distribution system operator

(1) At the request of the distribution system operator, manufacturers, operators storage warehouses, suppliers and end consumers connected to the distribution network of natural gas distribution system operator shall submit data and information necessary: ​​
a) development and operation of natural gas distribution networks, and for recording and analyzing operational events;
B) examine consumer schemes and characteristics of natural gas consumption, data on natural gas production and fulfillment by distribution system operator of its functions;
C) providing access to the natural gas distribution networks and the use of natural gas distribution networks, and annual investment plans and development plans of natural gas distribution networks for three years;
D) monitoring service quality natural gas distribution;
E) monitoring the security of gas supply.
(2) the distribution system operator to exchange information on indications measurement equipment, other information necessary for pressure regulation and exchange of natural gas transmission system operators and other operators of distribution systems, as well as deposit storage operators.
Article 49. The development of distribution networks
natural gas and investment plans
(1) the distribution system operator carried out the development of natural gas distribution networks related to the increased demand for natural gas so as to ensure the reliability and continuity of supply to consumers of natural gas, with respect provisions of this law and the Regulation on the development of natural gas distribution networks. Development costs of natural gas distribution networks incur distribution system operator. These expenses are taken into account in establishing tariffs for natural gas distribution where were performed in accordance with the license conditions, the methodology for calculating tariffs for natural gas distribution, the Regulation on Investment .
(2) The development of natural gas distribution networks, the distribution system operator must take into account the interests of environmental and energy efficiency and to implement modern management energy efficiency and / or demand.
(3) the distribution system operator is obliged, taking into account Moldova's energy strategy, offer and demand of current and projected natural gas, develop and, after consultation with all stakeholders, to submit to the Agency for approval a plan to develop natural gas distribution networks for three years (in this article, continue - development plan). The development plan must include effective measures to guarantee the reliability of natural gas distribution networks of the distribution system operator concerned and, but not limited to:
a) description of existing infrastructure, its current status and the degree of wear, the list of interventions conducted over the past year and the results of studies on the development of natural gas distribution networks and installation of measuring equipment;
B) description of the natural gas distribution networks and related targets that need to be built or upgraded in the coming years, for each level of pressure, reflecting total investment volume and the number of networks;
C) energy efficiency measures and forecast consumption;
D) description of the means and investments needed to meet the projected demand of natural gas;
E) description of the investments that have been approved and to be approved and executed in the next three years, and the timetable for these projects;

F) objectives and planned financial effects to be obtained following the implementation plan, in particular the impact of investments on tariffs for the natural gas distribution system and for other services provided by the distribution system operator, connection of new system users, reducing the duration of interruptions, stability pressure natural gas distribution networks for gas, reducing consumption and technological losses of natural gas distribution networks gas and performing other quality indicators distribution service natural gas.
(4) The development plan, the distribution system operator shall make reasonable assumptions about the distribution of gas, taking into account investment plans for adjacent networks. To this end, the distribution system operator shall cooperate with the transmission system operator and other operators of distribution systems.
(5) the distribution system operator is obliged to submit to the Agency for review and approval development plan. When examining the plan, agency, if necessary, request the distribution system operator to consult public authorities, business gas and some system users, actual or potential, in connection with the development plan and provide the Agency with information on the results of consultations. Agency calls for the distribution system operator to amend the development plan, including if it fails to meet investment needs identified in the consultation.
(6) After examination and after evaluation plan, including through the approach investment needs identified in the public consultation, the Agency approved the development plan concerned.
(7) Development Plan is published on the website of the distribution system operator and the official website of the Agency. The Agency shall monitor and evaluate the implementation of the development plan approved. As needed or requested by the Agency, examines the distribution system operator the opportunity of amending the development plan and after the procedure described in this article, submit for approval Agency development plan changed.
(8) Based on the approved development plan, taking into account the requests coming from existing or potential system users, as well as updated information on the status and wear distribution network of natural gas distribution system operator it is obliged to prepare and submit to the Agency for approval annually in the period up to September 30, the investment plan for next year. Annual investment plan is developed by the distribution system operator in accordance with the requirements of Regulation on investment.
(9) The Agency shall consider and approve within to November 30, the annual investment plan presented by distribution system operator with the possibility of extending the period of examination by one month. When examining the annual investment plan, the Agency, if necessary, request the distribution system operator to consult public authorities, business gas and users of the system, existing or potential, in connection with the annual investment plan and submit to the Agency information on the results of consultations. If annual investment plan presented by distribution system operator does not meet the requirements of Regulation on investment, the Agency is entitled to require the distribution system operator to make necessary changes.
(10) the distribution system operator shall publish on its electronic annual investment plan approved detailed project to be completed by the operator. Annually or at the request of the transmission system operator, distribution system operator shall submit the development plan and investment plan to help develop the transmission system operator network development plan for gas transmission for 10 years.

(11) annually before April 30, the distribution system operator shall submit to the Agency a report on the achievement of the development plan and investment plan for the previous year, in compliance with the requirements of Regulation on investment. The Agency does not approve, for purposes of recovery through tariffs, investments by distribution system operator not complying annual investment plans approved by the Agency.

Article 50. The operator of the combined provisions laid down in art. 22, 23, 44 and 52 do not preclude the operation of networks combined gas transmission, distribution networks for gas and / or deposit storage by an independent operator, provided that it meets the requirements to ensure separation and independent transmission system operator established in this law.
Chapter VIISTOCAREA GAS

Article 51. The operator

warehouse storage (1) Natural gas undertakings which holds title to property and operating a storage warehouse operates as a storage warehouse operator under license for storing natural gas issued by the agency under the law.
(2) storage warehouse operator is entitled to participate in the natural gas market if it complies with the technical requirements of connecting networks of natural gas. Article 52. Separation warehouse operator


storage (1) Storage warehouse operator who is part of an undertaking vertically integrated natural gas must be independent, at least functionally, decision-making and organizational legal form from other activities not related to gas storage.
(2) To ensure the independence of storage warehouse operator under par. (1) follows that the following minimum requirements:
a) persons responsible for the management of warehouse storage operator not to participate in company structures of the integrated natural gas that is responsible, directly or indirectly, for carrying out daily activities natural gas production or supply of natural gas;
B) to undertake the necessary measures to ensure that the professional interests of persons responsible for the management of warehouse storage operator are taken into account so as to ensure that they are capable of acting independently;
C) storage repository operator has sufficient rights to make decisions, independent natural gas company integrated on the operation, maintenance and development of warehouse storage. This should not prevent the existence of appropriate coordination mechanisms to ensure that rights are protected dominant undertaking economic surveillance and monitoring return on assets management enterprise storage warehouse operator dependent. In particular, it allows the dominant company to approve the annual financial plan dependent enterprise storage warehouse operator or any other equivalent document, and to establish the maximum leverage enterprise storage warehouse operator dependent.
(3) prohibits dominant undertaking to instruct enterprise storage warehouse operator dependent on work daily on decisions related to the modernization and development of storage deposit, which do not exceed the approved financial plan or any equivalent document.
(4) warehouse storage operator is required to develop a compliance program which sets out measures taken to ensure the exclusion of behavior and discriminatory practices, and to ensure proper monitoring of compliance with that program. The compliance program must also contain information on the specific obligations of employees storage warehouse operator to achieve those objectives. The person responsible for monitoring the compliance program to submit to the Agency an annual report to be referred to the measures taken to achieve compliance program. This report is published on the website of the operator of the storage warehouse.

(5) The provisions of this Article shall apply to deposits which are needed for storage of technically and / or economically efficient access to the system for the supply of natural gas to consumers in accordance with the provisions governing organization of access to storage facilities of this law.
Article 53. Rights and Obligations of operator

warehouse storage (1) Storage warehouse operator must meet the following requirements:
a) operate, maintain, modernize and develop storage warehouse safely, reliability and efficiency with the provisions for the protection of the environment to help develop the open market, but also to ensure sufficient capacity for meeting its obligations;
B) to provide third party access to storage warehouse discriminatory conditions, regulated, established by this Law and regulatory legal acts issued by the Agency;
C) not discriminate between system users or classes of users from the system, avoiding, in particular, discrimination in favor of related;
D) provide transmission system operators, distribution system operators and other operators of warehouses storing sufficient information to ensure the security and efficient operation, coordinated development and interoperability warehouse storage and natural gas networks and the interconnected storage warehouses;
E) provides, in a comprehensible, accessible and quantifiable system users all the information needed for efficient access to storage facilities and their use, as well as information on the services they provide and the relevant conditions applied.
(2) The activity of natural gas storage, warehouse storage operator must observe the following principles:
a) security of gas supply to final customers;
B) harmonization of seasonal variations in consumption, daily and hourly with natural gas sources available;
C) ensuring permanent physical balance in natural gas networks.
(3) warehouse storage operator is required to develop the model contract for the service of storage and the draft regulation on storage warehouse, specifically their activities, and submit them to the Agency for approval.
(4) The operator of warehouse storage has the following rights:
a) to collect the charge for the service of gas storage and to limit and / or discontinue the service in the event of default, the terms and the conditions laid down in the Regulation on storage warehouse, approved by the agency;
B) to shut down deposits for a period strictly necessary storage contract maintenance and repair, in other cases prescribed by law and with prior announcement of system users which have concluded contracts;
C) justified to refuse third party access to storage facilities in case of lack of capacity. The refusal must be reasoned and justified accordingly.
Article 54. Presentation of data and information
the operator of the warehouse storage
(1) warehouse storage operator is required to publish on its electronic information on services, the relevant conditions applied and technical information necessary for providing efficient access to users system storage deposits.
(2) In order to ensure transparent, objective and non discriminatory and facilitate the efficient use of warehouse storage, warehouse storage controller available on its electronic sufficiently detailed and relevant information on the formation of tariffs services rendered and on the method of calculation and the tariff structure.
(3) As regards services, warehouse storage operator is required to publish on its electronic information on contracted and available capacities of storage deposits with related figures, periodically and continuously and -a standardized manner.
(4) storage warehouse operator transmits the information required under this Act and other regulations in this field in a clear, quantifiable, affordable and non-discriminatory.

(5) Each warehouse storage operator is required to publish information on the volume of natural gas in place in each warehouse storage or each group of storage warehouses, where it involves granting users access the system to storage depots, on inflows and outflows, and the available storage capacities, including for those facilities exempted from third party access. This information shall also communicate, the transmission system operator to publish consolidated the storehouses determined by the relevant points. The information will be updated at least once a day.
(6) If the storage warehouse used by a single user system, it may ask the Agency a reasoned request regarding the processing of confidential treatment of the information referred to in para. (5). If the Commission concludes that the request is justified, taking into account in particular the need to balance the interest of legitimate protection of business secrets, the disclosure of which could adversely affect the commercial strategy of the user's system, and the objective of creating a competitive internal gas market, the Agency may allow storage warehouse operator not to make public the information referred to in para. (5) over a period of one year.
(7) Para. (6) shall be without prejudice to the obligations operator warehouse storage information is communicated to the transmission system operator, distribution system operator and obligations publication by them of such information, except when the aggregated data are identical data individual storage system on which the Agency has agreed to the non-publication.
(8) storage warehouse operator is obliged to keep the documents related to the information referred to in this article for five years and submit them on request, public authorities, including the Agency and the Competition Council and the Energy Community Secretariat.

Chapter VIIIACCESUL NETWORKS TO NATURAL GAS STORAGE AND DEPOSITS
. Transport services,
distribution and gas storage

Article 55. Access to transmission and

gas distribution (1) The system operator is obliged to grant access to transmission and natural gas distribution system all existing or potential users transparently, objectively and without discrimination.
(2) Access to transmission and distribution of natural gas is granted based on tariffs determined in accordance with methodologies for calculating tariffs for the transportation of natural gas and natural gas distribution service approved Tour, published in the Official Gazette of the Republic of Moldova and applied to all system users in an objective and non-discriminatory.
(3) The provisions of this law do not prevent the conclusion of interruptible and short-term contracts for natural gas supply in the long term, provided they correspond to the principles and rules laid down in regulations governing competition.
(4) In order to fulfill its functions, including those related to the shipment of natural gas transmission system operator shall cooperate with the transmission system operators in neighboring countries in accordance with agreements concluded with them.
(5) To manage access to transmission and natural gas distribution system operator is obliged to keep records electronically to indicate for each access point, identified by a specific number, all data necessary to manage network access, including data on the identity of the person with whom the contract is concluded for the service of transmission or distribution of natural gas on existing supplier, the address of the consumer flow contracted, the connection point, point boundary delimitation point pressure, the characteristics of the measuring equipment and an indication of whether that place consumer is connected or disconnected.

(6) The data in the electronic register can be accessed by end users or the respective gas suppliers based end user acceptance in writing or on the basis of natural gas supply contract between the final consumer and the supplier of gas natural requesting access to information from the electronic register.
(7) The system operator is obliged to publish on its electronic information necessary to ensure effective access to transmission and distribution of natural gas and the use of these networks.
Article 56. Access to storage facilities
and linepack
(1) Access to storage facilities and linepack is paid to all existing or potential system users transparently, objectively and without discrimination.
(2) In order to ensure supplies to consumers of natural gas and to arrange access to ancillary services, access to storage facilities is granted based on rates established in accordance with the methodology for calculating tariffs for storage, approved by the Agency with the principles laid down in art.
99. (3) Regulation is drafted storage warehouse storage warehouse operator and submit to the Agency for review and approval. The Agency shall publish on its official website the draft regulation on storage warehouse and consult system users and the competent authorities in accordance with the regulations in the field. Proposals received, and the decision on their acceptance or rejection reflected in the summary of recommendations to be published on the official website of the Agency. Regulation on gas storage depot, approved by the Agency shall be published in the Official Gazette of the Republic of Moldova and placed on the official website of the Agency and on web sites of operators storage warehouses.
(4) warehouse storage operator is required to publish on its electronic information necessary to ensure effective access to storage warehouse that it operates and use of this deposit, and other information under this law.
Article 57. Access to pipeline networks

upstream (1) natural gas undertakings and final consumers are entitled to obtain access to upstream pipeline networks, except for the parts of such networks and facilities which are used for local production operations at the production site gas.
(2) To ensure the development of competitive gas markets and to prevent abuse of dominant position, access to upstream pipeline networks is granted in a fair, open and non-discriminatory, taking into account security and continuity of gas supply, the existing available capacity or capacity to be available, the need to respect rules on environmental protection in accordance with this law and the regulations approved by the regulatory agency. For this purpose must take account of the need:
a) to be denied access when justified when there is a technical incompatibility that can not be resolved in an acceptable manner;
B) of avoidable difficulties can not be overcome in an acceptable and could prejudice the efficient production, current and future, natural gas, including from fields of economic reliability is low;
C) needs to be respected accordingly reasonable and justified owner or operator of the upstream pipeline network on the transport and processing of gas and the interests of all other users of the upstream pipeline network or you main processing and handling facilities who may be affected;
D) to be applied provisions of this law and the Law on execution of construction authorization, licensing for production of natural gas or permission to construct an upstream pipeline networks.
(3) The Agency will notify the Energy Community Secretariat on measures for granting access to upstream pipeline networks. Article 58. Denial of access


(1) The system operator, warehouse storage operator may refuse access to the network, storage warehouse under lack of capacity, motivated by the fact that there are no natural gas network or the existing natural gas network, storage storage place does not have the technical capacity needed to satisfy the requirements of the applicant and where granting access to the transmission or distribution of natural gas or warehouse storage would prevent the system operator, the operator of the warehouse storage to meet its public service obligations established in accordance with this law.
(2) upstream pipeline network operator has the right to refuse access to upstream pipeline networks where there is an incompatibility of technical.
(3) Denial of access to the network, storage warehouse, an upstream pipeline network must be made in writing by the system operator, the operator of the warehouse storage, upstream pipeline network operator, stating reasons and arguments justified technically and economically. In case of refusal of access to the transmission or distribution of natural gas transmission system presents relevant information about the measures required to eliminate the grounds for refusal, including necessary steps to develop transmission and distribution of natural gas and about concrete terms the realization of their development.
(4) System operators refusing access to the transmission or distribution of natural gas on the basis of lack of capacity are obliged to take the necessary measures to ensure access to the network of the applicant, provided they are justified in economically or if the applicant is willing to bear the cost of measures to be taken.
(5) The transmission system operator is not entitled to refuse the connection of a new storage warehouse or production facilities on the grounds of possible future limitations on available transmission capacity, or by invoking that it will incur additional costs to increase the required transmission capacity. The transmission system operator is obliged to ensure its sufficient input and output for connection to the applicant.
(6) The transmission system operator is obliged to inform the Agency of any case where a market participant or an applicant is refused access to the gas transmission networks, as well as congestion, proposing ways to solve them .
(7) Applicants who have been denied access to the transmission or distribution of natural gas storage depot, to upstream pipeline networks have the right to refer a complaint to the Agency in this regard in accordance with this Law . When examining the complaint, the Agency checks the system operator, operator of the warehouse storage, network operator upstream pipeline to fulfill the obligations set out in this bill, including the presentation of relevant information about the necessary steps to develop gas networks and about concrete terms of achieving their development where system operators.
Article 59. The exemptions for new infrastructure
(1) For the interconnections or new storage warehouse - new infrastructure, the purpose of this article - may be granted, upon request, for a limited period, a derogation art. 7 paragraph. (2) the art. 23 para. (2) and Art. 55-57 if the following conditions are met:
a) investment in the context of boosting competition in gas supply and to improve safety conditions in the supply of natural gas;
B) given the degree of risk, the investment can be achieved only if an exemption is granted;
C) new infrastructure is owned natural or legal person which is separate at least in terms of its legal form from the system operators in whose networks will be connected to natural gas interconnection and storage warehouse;
D) charges to be paid by the users of that infrastructure;
E) exemption is not detrimental to competition or detrimental to the efficient functioning of the internal market in natural gas or detrimental to the efficient functioning of the regulated gas network which is connected to the new infrastructure.

(2) Para. (1) shall apply also to significant increases of capacity in existing infrastructure and to changing these infrastructures so as to be possible to develop new sources of natural gas supply.
(3) The exemption provided by paragraph. (1) and (2) shall be for each individual case by the decision of the Agency and following the decision of the regulatory authority of the neighboring country in question, where the exemption concerns an interconnection. Decision on granting exemption may cover all or part of the capacity or new infrastructure on the existing infrastructure, increased significantly.
(4) Upon receiving the request for granting the exemption, the Agency without delay notify the Energy Community Secretariat and the Energy Community Regulatory Board on the application received and forward them a copy of it. Energy Community Regulatory Board within two months, the Agency shall submit an advisory opinion, which may serve as a basis for adopting the decision of the Agency.
(5) In adopting the decision on granting an exemption, the Agency shall examine each case, the need to impose conditions regarding the duration of the exemption and non-discriminatory access to new infrastructure. In establishing these conditions, the Agency shall take into account, in particular, the additional capacity to be built or modified, the project duration and the nature of the gas system.
(6) Before granting an exemption the Agency shall decide on the rules and mechanisms to be used for the management and allocation of capacity. According to those rules, potential system users must indicate potential interest in the capacity it intends to use before new infrastructure capacity allocation, including whether to use it for their own use.
(7) One of congestion management rules is to establish the obligation to offer unused capacity on the natural gas market and new infrastructure users' right to trade their contracted capacities on the secondary market. In assessing the criteria in para. (1) a), b) and e), the Agency must take into account the results of the capacity allocation.
(8) The Agency is entitled to consult, if necessary, specialized central government on the adoption of decisions on granting the exemption. The opinions received by the Agency shall be published on the official website of the Agency.
(9) The Agency shall take a decision on the derogation if, within six months of receiving the request, reached an agreement with the regulatory authority of the neighboring country. Decision on granting exemption must be motivated, including the conditions established in accordance with paragraph. (6) shall be published in the Official Gazette of the Republic of Moldova and place it on the official website of the Agency.
(10) The Energy Community Secretariat sent a copy of the decision on the derogation or to reject the petition for granting the exemption, a copy of the request for the derogation, and other relevant information concerning:
a) detailed grounds under which it was granted or refused the exemption, including the financial information justifying the need for the exemption;
B) analysis conducted on the effect of the exemption on competition and the effective functioning of the gas market;
C) the reasons and duration share of the total capacity of the new infrastructure for which the exemption is granted;
D) the outcome of consultations with regulators involved, whether the derogation aimed at interconnection;
E) the contribution of new infrastructure to the diversification of gas supply.
(11) Within two months of receipt of the notification under par. (9) Energy Community Secretariat may issue a notice requiring the Agency to amend or withdraw the decision on the derogation. This period may be extended by two months by mutual agreement of the Energy Community Secretariat and the Agency or if the Energy Community Secretariat requests additional information.

(12) If the Energy Community Secretariat requested additional information, and no agency requested information within the deadline, the notification of the Agency shall be considered withdrawn, except in the following cases:
a) before the deadline set the period of review was extended by mutual agreement of the Energy Community Secretariat and the Agency;
B) by a duly reasoned statement, has informed the Agency that it considers the Energy Community Secretariat notification to be complete.
(13) Depending on the advice and recommendations of the Energy Community Secretariat, the Agency is required to revoke or amend its decision on the derogation and to notify this Energy Community Secretariat within one month after adoption of the relevant decision .
(14) Energy Community Secretariat is obliged to keep confidential the information that constitutes a trade secret.
(15) Decision Agency and the Energy Community Secretariat opinion on the derogation expires after two years from the date of adoption, where new infrastructure construction had not begun by that date, or after 5 years from the date of adoption , where new infrastructure has been put in operation by that date, unless the Agency, Energy Community Secretariat decides that any delay is due to major obstacles beyond the control of the person to whom the exemption was granted.
Article 60. Exemptions in connection with the commitments

payment (1) If a natural gas undertaking encounters, or considers that it could face serious economic and financial difficulties because payment commitments assumed under the terms of "take-or-pay" accepted by one or more contracts to purchase natural gas (clause whereby the buyer is obliged to pay for the volume of gas contracted, whether that quantity of gas was or was not consumed by the buyer), this lodge in address Agency a request for a temporary exemption from the obligation to grant access. Natural gas undertakings on temporary derogation applies before or after refusal of access to the system. If natural gas undertaking has refused access, the application for the temporary derogation is presented without delay. Applications on temporary exemption must be accompanied by all relevant information on the nature and extent of the problem and the efforts that natural gas undertaking to solve the problem raised.
(2) If the situation described in par. (1) there are no reasonable alternatives, the Agency is entitled to order by a decision granting temporary exemption. The agency is obliged to announce immediately the Energy Community Secretariat's decision to grant temporary derogation and present, in aggregate form, all relevant information about the decision. Within eight weeks of receiving such notification, the Energy Community Secretariat shall issue an opinion, recommending Agency, where appropriate, to amend or repeal hotătîrea on temporary derogation from the obligation to grant access.
(3) When taking the decision on granting temporary exemption from the obligation to grant access, the Agency must take into account, in particular:
a) the objective of creating a market for natural gas non-discriminatory, transparent and competition;
B) the need to fulfill public service obligations and to ensure security of gas supply;
C) the company's position in the gas market and competitive situation on the market;
D) the degree of seriousness of the economic and financial difficulties faced by businesses of natural gas transmission system operator or eligible customers;
E) the signature date and duration of the contract / contracts, including insofar as they enable the production of certain changes in the gas market;
F) efforts to find a solution to the problem raised;

G) the extent to which, when accepting payment commitments assumed under the terms of "take-or-pay" contracts for the purchase of natural gas, natural gas undertaking could provide in a reasonable manner taking into account the provisions of this law, the possibility of serious difficulties;
H) the level of interconnection of the gas system in Moldova with other natural gas and the degree of interoperability of these systems;
I) the effects the granting of a derogation would have on the correct application of this law on the proper functioning of the gas market.
(4) In the case of purchase of natural gas that contains clauses of "take-or-pay" contracts concluded before 1 July 2006, the decision on granting temporary exemption from the obligation to grant access must not lead to situation in which it is impossible to find alternative solutions economically viable. It considers that there are serious difficulties if sales of natural gas do not fall below the level of minimum offtake guarantees contained in contracts to natural gas containing clauses of "take-or-pay" or if the contract can be adapted or if the enterprise natural gas can discuss alternatives.
(5) Natural gas undertakings which have not been granted a derogation under par. (1) no right to refuse or continue to deny access to the system because payment commitments assumed under the terms of "take-or-pay" contracts to purchase natural gas. In this regard, the Agency ensures full and correct application of this law regulating third party access and supply contracts for gas.
(6) Any decision of the Agency granting temporary exemption from the obligation to grant access must be justified and published in the Official Gazette of the Republic of Moldova.
Article 61. Issuance of connection

natural gas networks (1) Any natural or legal person is entitled to request connection system for use of the facility for the production, storage warehouse that belongs to the transmission or distribution of natural gas operator system operating within the territory authorized by the license.
(2) The system operator is obliged to issue notice of the potential final consumer connection later than 15 calendar days of the request submission and presentation documents established in Regulation connection. Connection permit for natural gas producers and storage operators deposits are issued by the system operator no later than 30 calendar days of the request submission and presentation documents established in Regulation connection.
(3) The system operator is obliged to cooperate with the applicant the choice and achieve the most advantageous connection solution. At the issuance of the connection, the system operator is obliged to inform the applicant estimated cost to execute the connection installation.
(4) connecting the opinion issued, the applicant may be required to bear only the costs of constructing a facility for connection to match the demanded flow. Failure to do so results in the reimbursement by the system operator of the difference in costs between the actual costs incurred by the applicant and those that were to be covered under the law.
(5) The system operator is entitled to refuse the issuance of the connection only in cases and under the conditions laid down in art. 58. The system operator is prohibited from making the connection for submission by the applicant, free of charge, facilities of natural gas it holds title to property.
Article 62. Design and execution of installations
connection

(1) Design and execution of the connection installation and pressurizing the plant to use a potentially requesting final consumer system operator shall be made by the applicant after paying the cost of design and connection tariff approved agency under the law. Potential final consumer has the right to hire other person authorized for the design and execution of the connection installation. These provisions necessarily indicate issued to the applicant in the connection to the system operator.
(2) Installations connection executed by the system operator become the property of the system operator, which is responsible for operating, maintaining and upgrading. Switching installations performed by other authorized persons belonging to final consumers have the right to transmit, free of charge, owned system operator under the terms of par. (3).
(3) Natural and legal persons, regardless of the type of property and legal form of organization, which own natural gas facilities have the right to transmit, free of charge, owned system operator. Assets acquired free of charge are not taken into account when calculating the regulated asset base of the system operator and Revenue receipt, free of charge, facilities mentioned natural gas is considered taxable income.
(4) procedure and conditions for connection to the transmission or distribution of natural gas utilization facilities, production facilities, storage depots are established in the Regulation on connection, developed by the transmission system operator appointed agency in cooperation with other system operators. In developing Regulation on the connection, the transmission system operator that will apply Article. 66 para. (4) and (5). Regulation on the connection published in the Official Gazette of the Republic of Moldova, the official website of the Agency, on web sites of transmission system operators and distribution system operators.
Article 63. direct gas pipelines
(1) Manufacturers and suppliers have the right to supply gas to final consumers through direct pipeline gas.
(2) Any final consumer has the right to be supplied with natural gas via a pipeline directly from natural gas by a manufacturer or a supplier.
(3) The construction of pipelines Direct gas can be carried out provided obtaining in advance authorization for direct gas pipeline, issued by the Agency, and the subsequent building permit issued by the local government.
(4) Agency grant authorization for direct gas pipeline on the basis of objective and non-discriminatory. Releasing the Agency's authorization for direct gas pipeline may be subject to failure or refusal of access to the gas network or examination by the Agency of disputes regarding access to the network.
(5) Issuance, extension of validity, updating, suspension or withdrawal of approval Renewal direct gas pipeline and issuing duplicate shall be made in terms of this article and in accordance with the law regulating the authorization entrepreneurial activity. Article 64.

closed distribution systems (1) Natural and legal persons are supplied with natural gas through a closed distribution system in terms of this article.
(2) Ensuring delivery of natural gas through the distribution system and closed the gas supply closed distribution system users do not require obtaining a license for distribution of natural gas and natural gas supply license.
(3) To ensure gas delivery and supply of natural gas distribution system users locked closed distribution system operator is obliged to obtain authorization from the agency. At the request of a legal person, the Agency granted authorization for distribution system closed if the following conditions are met:
a) technical or safety reasons specific mining process or production process of the users is integrated closed distribution system;

B) distribution system that supplies natural gas to the person who holds the property title, the person who operates the system or their related businesses.
(4) In order to obtain authorization for closed distribution system, the applicant must present legal copy of the decision of the Agency for business registration scheme location installations natural gas distribution system and information on closed the closed distribution system users.
(5) Through the closed distribution system can be supplied with natural gas consumers whose utilization installations are located in the geographical distribution system or closed in the immediate vicinity of the closed distribution system or who are in relationships labor or other similar relationships with the owner of the closed distribution system under the conditions laid down in a regulation drawn up and approved by the agency.
(6) If the change in the number of users closed distribution system, distribution system operator is obliged to notify the Agency.
(7) closed distribution system operator procures natural gas for power consumption and system users or, where applicable, the retail market for gas.
(8) If the closed distribution system operator does not fulfill its obligations set out in this Article and Articles. 65, closed distribution system users have the right to address a complaint to the Agency under this law.
(9) The Agency is entitled to withdraw the authorization if the distribution system operator persistent failure shut down in this Article and Articles. 65 and refuses to comply with decisions or decisions of the Agency.
(10) Issuance, extension of validity, updating, suspension or withdrawal of approval Renewal distribution system closed and issuing duplicate shall be made in terms of this article and in accordance with the law regulating the licensing activity entrepreneur.
Article 65. The legal relationship between operator and users

closed distribution system (1) for supplying natural gas distribution system users closed, the operator is entitled to charge only rate calculated according to the methodology for calculating the tariff for operating the closed distribution system, approved by the Agency, published in the Official Gazette of the Republic of Moldova and the official website of the Agency.
(2) The Agency shall develop and approve the methodology for calculating the tariff for operating the closed distribution system, which will be based on the following principles:
a) the cost of natural gas supplied is determined based on purchase price of natural gas paid supplier;
B) the tariffs of the distribution system operator closed is determined taking into account the costs justified the closed distribution system operator for the maintenance and operation and to carry out the delivery of natural gas expenses necessary cover technological consumption and natural gas losses in the distribution system closed and reasonable profit margin, which will not exceed 5% of net asset value used by distribution system operator closed in connection with the authorized activity. The profit margin applicable to closed distribution system operators carrying out entrepreneurial activity.
(3) At the request of one of the closed distribution system users, the Agency shall verify if the tariff of the distribution system operator closed correspond to the principles set out in the methodology for calculating the tariff for distribution system operation closed. Closed distribution system operator is obliged to provide the Agency with all necessary documents for verifying compliance with its methodology approved by the operator. If the Agency finds that the charge includes more costs than the established methodology, it will review the rate to be applied to closed distribution system operator in relation to its system users. Revised tariff is approved by the decision of the Agency.

(4) closed distribution system operator is not entitled to levy other payments in connection with work carried out under the authorization for distribution system closed.
(5) closed distribution system user is entitled to conclude gas supply contract with any provider. In this case, the closed distribution system operator is obliged to recalculate the rate applied in relation to that user and include in the price costs only service provided by the distribution system operator closed. It prohibits the distribution system operator closed to hinder in any way the user to exercise its right to change the supplier. The legal relationships between the distribution system operator closed system user who has opted to change the provider and the provider shall be established in a regulation approved by the Agency.
Article 66. Regulation on natural gas networks
(1) In order to ensure safe operation, safe and stable natural gas transmission networks and gas distribution networks in order to create the necessary conditions for the provision system users of the transport service of natural gas distribution service gas continuously, reliable and efficient system operators to plan, develop, modernize, maintain and operate natural gas networks with compliance with minimum technical and organizational set out in the Regulation on natural gas networks.
(2) The basic objectives of the Regulation on natural gas networks are:
a) establish a set of rules dispatcher management of flows of natural gas networks, including interconnectors;
B) ensuring interoperability within the gas system on objective and non-discriminatory;
C) establish a set of rules for users to access to the transmission system and distribution of natural gas;
D) establishing the responsibilities and obligations of system operators and users of the system;
E) specify the technical parameters to be respected in operation of transmission and distribution of natural gas;
F) establishing the principles of planning, development, interconnection, modernization, maintenance and operation of natural gas networks;
G) the establishment of interfaces and information flows between system operators and system operators and system users;
H) establishing procedures for the operation of transmission and distribution of natural gas normally exceptionally damage, events of force majeure and other situations of exploitation.
(3) Exchange of information between system operators and between system operators and system users are conducted in accordance with the procedure for collection and movement of data between the gas market participants in compliance with other rules in the field.
(4) The transmission system operator appointed by the Agency is obliged to prepare, in cooperation with other system operators, the draft regulation on natural gas networks and to submit to the Agency for review and approval. In that project, the transmission system operator shall include provisions referring to the natural gas distribution networks, developed and submitted its distribution system operators.
(5) The Agency shall publish on its official website the draft regulation on natural gas networks, presented by the transmission system operator appointed and consult system users, other participants in the gas market and the competent authorities. Proposals received, and the decision on their acceptance or rejection reflected in the summary of recommendations to be published on the official website of the Agency. Regulation on natural gas networks approved by the Agency shall be published in the Official Gazette of the Republic of Moldova, is placed on the official website of the Agency and on web sites of system operators.
Article 67. Code gas networks
(1) For the purposes of providing and managing effective and transparent access to natural gas networks, including in relation to cross-border transactions, maintaining networks for natural gas is carried out in accordance with code gas networks.

(2) Code gas networks sets out the procedures applied by the transmission system operator to fulfill effectively its duties, particularly in relation to:
a) capacity allocation and congestion management;
B) ensure balance in the natural gas system;
C) ensuring interoperability within the natural gas system and to exchange data with the system operators and transmission system operators in neighboring countries.
(3) In the context of the obligations assumed by Moldova to the Energy Community Treaty, the transmission system operator appointed by the Agency shall draft code natural gas networks. The other system operators are obliged to cooperate with the transmission system operator concerned to develop natural gas network code.
(4) The Agency shall publish on its website the draft code official gas networks, presented by the transmission system operator appointed and gas consult market participants, including system users and the competent authorities in accordance with the regulations in area. Proposals received, and the decision on their acceptance or rejection reflected in the summary of recommendations, published on the official website of the Agency. Code gas networks approved by the Agency shall be published in the Official Gazette of the Republic of Moldova, is placed on the official website of the Agency and on web sites of system operators.
Article 68. quality of transport services and

gas distribution (1) The quality of transmission and distribution of natural gas are evaluated based on quality indicators established in the Regulation on the quality of transmission and distribution of natural gas, which reflects the continuity of gas supply natural gas quality parameters delivered and quality of relations between the system operator and system users. Agency establishes general indicators, calculated for the system operator, and guaranteed indicators, aimed at system user individually and minimum values ​​of quality indicators, which are updated depending on the objective situation in the gas sector and the requirements of users system.
(2) For the violation of the minimum quality indicators, the Agency is entitled to reduce tariffs for natural gas transmission and distribution of gas by up to 10% of that tariff and / or to set individual compensation that will be paid by the system operator system users in accordance with the Regulation on the quality of transmission and distribution of natural gas.
(3) The system operator is obliged to keep records of all requests, complaints, requests related quality of transmission and distribution of natural gas annually and submit to the Agency by the deadline set in the Regulation on the quality of transport services and distribution of natural gas, reports on the quality of transmission and distribution of natural gas.
(4) The system operator is obliged to establish telephone service 24/24 and ensure its work to receive notifications of system users about the quality of service transmission or distribution of natural gas, and on the need removing any equipment defects or natural gas networks.
Article 69. Registration and natural gas measurement
(1) Natural gas produced, stored, shipped, including in the context of cross-border trade, supplied and consumed to be measured through measurement equipment. Measurement equipment used to measure the flow of natural gas, the determination and the settlement of consumption of natural gas between the Contracting Parties shall check metrology according to the Law on metrology and system operators are responsible for installing and sealing them in terms of this article.
(2) Measurement of natural gas for commercial purposes is carried out in accordance with the Regulation on measuring natural gas for commercial purposes, developed and approved by the Agency, which applies indiscriminately to manufacturers, system operators, storage operators deposits, suppliers and end-users and governing in particular:

A) determining the measurement points and the minimum technical requirements to measuring equipment for each category of measurement points;
B) measuring volumes and flow rates of gas produced, stored, shipped, including in the context of cross-border trade, supplied or consumed;
C) defining the functions and duties of manufacturers, system operators, storage depots operators, suppliers and consumers in relation to measurement of natural gas for commercial purposes;
D) collection and presentation of data by system operators on measuring equipment and data found in the reading metering equipment, for billing purposes and maintaining databases;
E) measurement values ​​for the specific system services, collection and accumulation of data;
F) requirements for functioning and accuracy class of measuring equipment and methods for measuring natural gas transmission networks of natural gas, natural gas distribution, particularly in connection with installation, and maintenance metrological measuring equipment;
G) the collection, processing, storage and presentation of information on indications applicants measurement equipment, including transmission system operators storage warehouses, suppliers and consumers.
(3) System operators keep records using only natural gas measurement equipment checked metrology, whose types are included in the State Register of measuring instruments, published in the Official Gazette of the Republic of Moldova and placed on the official website of the Institute national Metrology.
(4) System operators performing the work of installation, operation, maintenance and periodic metrological measurement equipment for final consumers connected to their network of natural gas.
(5) Expenses related to procurement, installation, sealing, metrological, maintenance, repair and replacement of metering equipment in households borne by the distribution system operator from sources included in tariffs for natural gas distribution service, except if the consumer asks household installing a smart metering equipment that can record hourly volumes of natural gas consumed. In the latter case, the domestic consumer bears the costs of purchasing, maintenance and replacement of metering equipment respectively.
(6) Expenses for procurement, installation, sealing, metrological, maintenance, repair and replacement of metering equipment to industrial consumers are borne by them.
(7) manufacturers, operators and consumers end storage depots are obliged to grant access system operators representatives measuring equipment that is within their property to exercise the functions set for the system operators in this Law and Regulation on measuring natural gas for commercial purposes.
(8) manufacturers, operators and consumers end storage warehouses must keep intact and not interfere with the measurement equipment installed in their property boundaries and on their seals. If the damage to the measuring equipment and seals its consumer fault occurs, it will bear the cost of removal, repair, metrological, installation or replacement costs of metering equipment damaged.
(9) distribution system operators are entitled to households to install smart metering equipment for the recording hourly gas volumes consumed only after they demonstrate economic efficiency of these measures and after their approval by Agency.
Article 70. Switches, limitations and interruptions

natural gas supply (1) The system operator is entitled to interrupt transmission services or the distribution of natural gas for the shortest time occurred if one of the following circumstances:
a) are endangered life and health;
B) there is danger of injury to property;
C) violates the operating mode objects of the gas system;
D) is carried out connections and other operating and maintenance operations can not be performed otherwise;

E) were produced liquidated damages or consequences.
(2) terms and conditions established in the Regulation on the quality of transmission and natural gas distribution system operator informed of system users for the date and duration of the interruption of service provision of gas transmission or distribution natural if the interruption is caused by an exceptional situation.
(3) The system operator is entitled to restrict or interrupt transmission services or the distribution of natural gas fuel in case of crisis, arising at national level or in the case of the interests of national defense. The circumstances leading to the disappearance of limiting or interrupting service provision transmission or gas distribution system operator is obliged to resume services as soon as possible.
(4) The operator system does not compensate the damages they caused by limiting or interrupting service provision of transmission or distribution of natural gas as provided in par. (3) whether their actions are in accordance with paragraph. (1) and (2).
(5) The system operator is entitled to restrict or suspend the service of transmission or distribution of natural gas in the circumstances and conditions set out in the Regulation on connection. With the exceptions set out in art. 7 paragraph. (4) i) and art. 109 par. (4), the system operator can not be obliged to continue transmission services or gas distribution system users who do not honor their payment obligations or does not comply with the provision of such services, set out in Regulation connection .
(6) When connecting unauthorized devices or installations of gas mains gas or the gas consumption by avoiding measuring equipment or intervention in the functioning of the measuring equipment, the system operator is entitled to disconnect from the natural gas networks of gas appliances or installations connected unauthorized document this in compliance with Regulation on the connection and the Regulation on natural gas supply.
(7) At the request of the supplier, the system operator is obliged to disconnect natural gas installations of end consumers in the terms and conditions set out in the Regulation and the Regulation on connecting natural gas supply.
(8) The system operator is obliged to resume service of transmission or distribution of natural gas after removing the system user causes that led to the discontinuation of service provision of gas transmission or distribution after payment of fee reconnection.
(9) The system operator is entitled to disconnect from the natural gas system installations where users are violated Regulation on protected areas for natural gas networks, which leads to reduced reliability of natural gas supply, and / or if they are endangered persons, property or the environment.
(10) The system operator is entitled to restrict or suspend natural gas supply in the event of an emergency gas market. Natural gas supply restrictions must be applied in exceptional circumstances with the principles set out in this law and other regulatory legal acts issued by the Agency. Any safeguard measures shall be taken by the transmission system operator after consultation with the transmission system operators in neighboring countries with which natural gas system is interconnected Moldova's compliance with bilateral agreements, including agreements on the exchange of information.

Chapter IXALOCAREA CAPACITY AND congestion

Article 71. General principles on the allocation

capacity (1) The transmission system operator and operator of the warehouse storage are obliged to make available to market participants maximum capacity of the natural gas transport networks for natural gas storage deposits, taking into account the need to ensure the integrity and operation efficient natural gas system and the security of gas supply. This should not prevent the entry of new participants in the gas market and / or create barriers in the development of competition in the gas market.

(2) transmission system operator appointed by the Agency, working with other system operators, and operators are obliged to deposit storage issue, in accordance with the principles set out in this chapter, and submit to the Agency for approval the draft regulation access to the transmission of natural gas and congestion, respectively draft regulation on access to storage facilities and congestion, regulating the conditions for access to the transmission of natural gas, including for cross at storage depots the conditions of allocation of transport conditions for long-term performance and short-term firm and interruptible services, conditions of storage capacity allocation and congestion management mode.
(3) The Agency shall publish on its official website the draft regulations mentioned in para. (2) submitted by the transmission system operator and the operator of the warehouse storage, and consult system users and authorities. Proposals received, and the decision on their acceptance or rejection reflected in the summary of recommendations, published on the official website of the Agency. Rules on access to the natural gas transmission and congestion management rules on access to storage facilities and congestion, approved by the Agency shall be published in the Official Gazette of the Republic of Moldova and place it on the official website of the Agency on the website the transmission system operator and the operator of the storage warehouse.
Article 72. capacity allocation and congestion management
by transmission system operator
(1) The transmission system operator provides natural gas market participants maximum capacity at all relevant points including entry and exit points of the gas transmission networks, respecting the principles set out in art. 71 para. (1).
(2) The transmission system operator shall implement mechanisms discriminatory and transparent capacity allocation that:
a) provide appropriate economic signals for efficient and maximum use of technical capacity, facilitate investment in new infrastructure and facilitate cross-border trade of natural gas;
B) are compatible with market mechanisms, while being flexible and capable of adapting to the changing gas market;
C) are compatible with the conditions of access to natural gas networks of the countries of the Energy Community parties.
(3) In connection with the allocation of capacity, the transmission system operator provides services firm and interruptible services, lasting at least one day, and implements procedures for nomination and re universal, in accordance with the regulation on access to transmission gas and congestion.
(4) On congestion, the transmission system operator applies discriminatory and transparent procedures that facilitate the delivery of natural gas, including cross-border trade of natural gas, and in the event of contractual congestion, based on the following principles: | || a) transmission system operator shall offer unused capacity on the primary market at least in the short term (one day) and in the provision of interruptible services;
B) system users who wish to resell or sublet their unused contracted capacity on the secondary market may do so upon notification to the transmission system operator in terms and conditions established in the Regulation on access to transmission networks gas and congestion.
(5) If physical congestion, the transmission system operator mechanisms apply discriminatory and transparent capacity allocation set out in the Regulation on access to gas transmission networks and congestion.
(6) The transmission system operator system informs users about situations that could affect the availability of contracted capacity.
(7) If, in fulfilling contractual delivery obligations, difficulties arise for reasons of system integrity, transmission system operator's system informs the user immediately and seek a non-discriminatory solution.

(8) If the contracted capacity remains unused, transmission system operator proposes that capacity on the primary market on an interruptible basis via contracts of differing duration, if this capacity is not offered by the system user in question market secondary, at a reasonable price.
(9) The revenues of the transmission system operator through the allocation of interruptible capacity offered shall be taken into account in calculating the tariff for the transportation of natural gas. If necessary, the Agency is entitled to decide on using these revenues to invest in modernization or development of natural gas transmission networks.
(10) The transmission system operator is obliged to make all reasonable efforts to provide gas market at least part of the unused capacity as firm capacity.
(11) Information on transmission capacity allocation and congestion management agency is presented by the transmission system operator and published on its website of the manner and conditions stipulated in this Law and the Regulation on access to transmission gas and congestion.
Article 73. The allocation and management capacity
Congestion operator

warehouse storage (1) Storage warehouse operator offers market participants maximum deposits of natural gas storage capacity, respecting the principles laid down in art. 71 para. (1).
(2) The operator of warehouse storage mechanisms implement discriminatory and transparent capacity allocation that:
a) provide appropriate economic signals for efficient and maximum use of capacity and facilitate investment in new infrastructure;
B) are compatible with market mechanisms, while being flexible and capable of adapting to the changing gas market;
C) are compatible with network access conditions.
(3) Contracts for service provision storage must include measures to prevent capacity-hoarding, by taking into account the following principles, which apply in cases of contractual congestion:
a) storage repository operator must to offer on the primary market without delay unused storage capacity, at least in the short term (one day) and in the provision of interruptible services;
B) system users who want to resell their contracted capacity on the secondary market must be entitled to do so.
(4) information on the allocation of storage capacity and congestion management shall submit to the Agency by the operator of the warehouse storage and published on the website thereof in the manner and conditions stipulated in this Law and the Regulation on access to storage facilities and management congestion.

Chapter XFOLOSIREA LAND AND PROPERTY RIGHTS OF A THIRD PARTY


General Principles Article 74. (1) The land public property or the administrative-territorial units, necessary for the construction, operation, maintenance, rehabilitation or upgrading of transmission and distribution of natural gas to be transmitted system operators use free of charge.
(2) On land and other private assets, system operators, with the owners, under the law, during the construction, operation, maintenance, rehabilitation, upgrading, including the refurbishment of natural gas networks , enjoy the following rights:
a) the right of use (use) the land of the work involved construction, rehabilitation or modernization of gas networks;
B) the right to use (use) the land to ensure normal operation of natural gas networks through revisions, repairs and other interventions required for the operation and maintenance of gas networks;

C) servitude of underground, surface or air land for execution of works at the site of gas networks during the interventions for rehabilitation, or for the pursuit of modernization and repair work, maintenance and other works operation and maintenance, eliminating the consequences of accidents, as well as access to their place of location networks;
D) the right to request restriction or cessation of activities that would endanger the lives and health of persons, property or certain activities;
E) the right of access to the land where the natural gas networks.
(3) System operators are obliged to notify in writing the owner of land or other property that may be affected by the work at natural gas networks, except in cases of failure, in which the owner is notified within the shortest short as possible.
(4) Landowners may indicate a period other than that requested by the system operator to carry out the construction, operation, maintenance, rehabilitation, upgrading, including the refurbishment of gas networks, provided that access be ensured in the next 12 months.
(5) Upon termination of exercise the rights under par. (2) System operators are obliged to ensure the release and reinstatement of the land in the original.
(6) System operators are obliged to use good faith of rights under par. (2) and pay the owner of land or other immovable property relating to compensation for damage caused to perform the works mentioned, including by removal of consequences.
Article 75. Right of use (use) the

property to a third party (1) The right of use (use) the land of the work involved the construction, rehabilitation or upgrading of networks of natural gas is determined by agreement signed with the land owner and extends the duration of the works. In exercising that right, the system operators with the prior consent of the landowner or property, are entitled to:
a) store materials, equipment and equipment required to carry out;
B) to capture water in the law;
C) install equipment and work with them to erect offices and housing on the site;
D) suspend or restrict activities of the owner to the extent strictly necessary for the execution of the works mentioned.
(2) The right of use (use) provided in par. (1) ceases period fixed for the execution or before the deadline - early finish date or the date of termination of their work. Any of these conditions must be notified without delay to the owner.
(3) The right of use (use) the land for the operation and maintenance of gas networks through revisions, repairs and other interventions needed to ensure their normal operation, shall be determined by agreement signed with the owner and extends over the entire life of the natural gas networks, and its exercise is done whenever necessary to ensure the normal operation of natural gas networks. In exercising that right, the system operators with the prior consent of the owner, are entitled to:
a) store materials, equipment and equipment maintenance, overhaul, repair and other interventions needed to ensure the normal operation of networks natural gases;
B) install equipment and work with them;
C) affect crops, plantations or other existing works and to restrict activities of the owner to the extent and duration strictly required to carry out maintenance, servicing, repair or other interventions to ensure normal operation of natural gas networks.
Article 76. Servitude of underground, surface
air or land to a third party

(1) servitude of underground, surface or air land includes the right to build natural gas networks and the right of access to natural gas networks for maintenance, repairs and other interventions or conduct other work exploitation and maintenance, eliminating the consequences of accidents, and also for the rehabilitation and modernization of gas networks.
(2) Servitude is granted in accordance with the conditions stipulated in the Civil Code.
Article 77. The restriction or cessation of activities
and access to the land where the networks

natural gas (1) In order to avoid endangering persons, property or activities undertaken in the area of ​​making the construction, rehabilitation, modernization, maintenance and operation of natural gas networks, system operators have the right to request restriction or interruption during the work, activities in the vicinity. In this case, the affected people are informed in writing about the start and, respectively, completing the work.
(2) System operators must exercise good faith and reasonable right of access to the land where the natural gas networks.

Expropriation Article 78. (1) The land necessary for the construction, operation, maintenance, rehabilitation or upgrading of natural gas networks by way of property belonging to third parties may be expropriated by the competent authority for the public, with the procedure laid down in the law of expropriation for public utility cause no. 488-XIV of 8 July 1999 and provided compensation to the landowner in question.
(2) Expropriation of land can occur only if system operators have failed to obtain the right to use or easement on land and / or demonstrating that the works listed in art. 74 hinders substantially or even use will make it impossible to use by the owner of his land.
(3) After the transfer in public ownership of the state or territorial-administrative unit, expropriated land to be available for use, free of charge, the system operator to perform work necessary for the construction or operation of natural gas networks.
Article 79. Protection Zones networks

natural gas (1) To ensure protection and normal functioning of the natural gas networks in order to avoid endangering persons, property and the environment in accordance with the Regulation on the protection zones networks natural gas zones are established to protect the natural gas networks.
(2) In order to protect natural gas networks, individuals and businesses are prohibited without the system operator:
a) carry out any construction in the area of ​​protection of the natural gas networks;
B) carry out excavations of any kind or set up plantations in the perennial network protection for natural gas;
C) deposit materials on the access roads to natural gas networks and in the protection of the natural gas networks;
D) intervene in any way on natural gas networks.
(3) Individuals and legal entities are prohibited:
a) put the natural gas networks of objects of any kind;
B) deteriorate constructions, fences or identification and warning related to natural gas networks;
C) restrict or impede the fence, the construction or otherwise access to the gas network.
(4) prohibits issuing building permits that allow construction work in protected zones of natural gas networks.
(5) If notes that the protection of the natural gas networks are being carried out in violation of the Regulation on protected areas for natural gas networks, system operators are obliged to notify the State Inspectorate for Supervision technical Industrial Dangerous and requiring the cessation of work in accordance with Regulation.


FINAL CHAPTER XICONSUMATORUL
Article 80. General Provisions

(1) All final consumers are eligible and entitled to purchase gas from any supplier selected in accordance with the contract for the supply of natural gas, in terms of accessibility, continuity and reliability.
(2) Any final consumer is entitled to conclude gas supply contract with any provider of their choice. The duration of the supply and price of natural gas supplied to negotiated supplier and end consumer market conditions. Suppliers are obliged to conclude contracts for transmission services, the natural gas distribution service to ensure natural gas supply to the place of consumption of final customers served.
(3) Each final consumer has the right to freely choose and to change supplier, provided it has met its payment obligations to natural gas consumed their supplier also has the right to dispose of all relevant data on gas consumption. Changing supplier, the final consumer can not be required to pay fees.
(4) Households and small businesses entitled to the natural gas supply in the context of a public service obligation in accordance with art.
89. (5) All final consumers lost their supplier in certain circumstances (outgoing supplier, the supplier has been suspended or license was revoked, the supplier is unable to provide natural gas) have the right to benefit for a certain period of time determined in accordance with art. 90, the supply of natural gas by the supplier of last resort.
(6) Based on an express agreement, the final consumer authorizes free access provider that has contracted natural gas supply or intending to conclude such a contract data record its consumption of natural gas held the system operator. The transmission system operator and distribution system operator are obliged, under the ultimate consumer acceptance in writing respectively to present those data provider. General conditions define how the data and a procedure for granting access to data for vendors and end-users are set out in the Regulation on natural gas supply. No final consumers nor providers do not incur additional costs for this service.
(7) non-household consumers have the right to conclude supply contracts with several suppliers of natural gas at the same time. In this case, one of the providers must take responsibility for balancing consumer respectively. The conditions under which large industrial consumers can exercise this right shall be regulated by the Agency on Regulation on natural gas supply.
(8) Installations of natural gas to final consumers must not endanger human life and health, to damage property, cause disturbances in the normal functioning of the gas system objects and affect other supply natural gas to final consumers .
(9) If technical or other disruptions in natural gas supply which are not caused by its facilities, the final consumer is entitled to request the removal of these disturbances in the lowest possible time in accordance with the Regulation on quality of transmission and distribution of natural gas and Regulation on natural gas supply.
(10) interruptions caused by the implementation of measures to limit deliveries in the event of disruptions in the gas market, are not considered disruptions in natural gas supply under par. (9). Article 81. Obligations of final consumer

final consumer must:
a) comply with contractual terms, to install only devices and equipment corresponding normative-technical documents and use natural gas only devices approved gas rationally, safe, effective and without fraud;
B) pay the full payment due for delivered natural gas and penalties calculated according to the contractual conditions and terms established in the invoice;

C) keep intact the instrumentation and the seals, not to take actions to evade natural gas by bypassing the metering equipment or by distorting its indications and to notify the supplier immediately if detected malfunctions measuring equipment breaking the seals or the system operator;
D) if he no longer wants to purchase gas from the supplier respectively to terminate the supply of natural gas and pay full payment for the consumed natural gas provider and, where applicable, related penalties, in accordance with the supply contract natural gas;
E) ensure the integrity of natural gas facilities that belong to him and to maintain the normal operation. The work of installation, modification and repair of apparatus and its natural gas installations must be performed only by authorized persons, preparation of respective documents. Installation and / or modification of the natural gas installation is carried out under the project coordinated by the system operator. Replacement of gas appliances with gas appliances of the same capacity, according to the project is carried out by authorized persons, with appropriate drafting documents. After the execution of the works mentioned, the final consumer informs the system operator and the supplier about this;
F) ensure, in accordance with the terms of the Regulation on measuring natural gas for commercial purposes, personnel access control system operator and the reading of measuring equipment and control, maintenance and repair of natural gas facilities that belong to the system operator and the ultimate consumer are located on the property;
G) not to intervene and not allow others to interfere in the machine system operator and natural gas networks located on the property of the final consumer.

Final consumer rights Article 82. The final consumer has the following rights:
a) have access to natural gas networks and consume natural gas quality parameters established;
B) to choose their supplier and to sign gas supply contract with any supplier;
C) requiring the supplier conclusion, amendment, renewal, suspension or termination of the supply of natural gas;
D) to change supplier under the terms established in this Law and Regulation on the procedure for changing supplier;
E) require the removal of the system operator of malfunctions in natural gas networks and / or in internal networks of blocks of flats;
F) to require the provider of information on consumption history, payments and penalties calculated and paid;
G) to require the cessation of gas supply for a period of time, the Regulation on natural gas supply;
H) access to measurement equipment where it is installed on property system operator, to be present at the reading, control, verification and making finding technical and scientific measuring equipment;
I) verify and ascertain compliance of the provisions of the contract supplier of natural gas supply;
J) to seek compensation for damage caused by the supplier, the system operator for natural gas supply in violation quality parameters, quality indicators established or breach by the supplier, the system operator provisions this law, a contract or regulatory legal acts issued by the agency;
K) to request and receive the transmission system connecting a new opinion if contracted flow increase, in accordance with this Law and Regulation on the connection;
L) to have access to telephone service 24/24 the system operator and telephone service provider.

Final consumer Article 83. Liability (1) The final consumer liable for breach of its obligations, in particular:
a) for non-payment of gas consumption in the terms and conditions specified in the contract;
B) if unmotivated refusal to provide access to the measuring equipment or natural gas installations of the system operator, located on the property of the final consumer;

C) consumption of natural gas by bypassing the measuring equipment, by distorting his directions or other ways of measuring equipment unrecorded consumption;
D) otherwise in accordance with the contract, the Regulation on natural gas supply and Regulation on the connection.
(2) In case of non-payment of gas consumption in terms indicated in the invoice, the supplier is entitled to apply the penalties provided in Art. 87 para. (8) and require disconnecting natural gas installations of the ultimate consumer of natural gas network in the manner and under the terms of par. (3) of this Article, the Regulation on natural gas supply and Regulation on the connection.
(3) Disconnect natural gas installations of the ultimate consumer of the gas network on the grounds of non-payment by invoice payment it can be done only after the expiry of at least 10 days from the expiry of the deadline for payment indicated in the invoice. Supplier, the system operator shall be bound by the final consumer invoice for payment sent to inform the final consumer about the possible consequences in case of default. Invoice is issued and presented to the consumer by the supplier at least 10 days before the payment deadline indicated on the invoice.
(4) If the final consumer unmotivated refusal to provide the system operator access to the metering equipment or installations gas system operator located on the property of the final consumer, the system operator is entitled to disconnect plants the final consumer gas from the gas network and ask displacement measuring equipment in the manner and conditions set out in the Regulation on connection.
(5) If there is documented that a final consumer of natural gas consumed by bypassing the measuring equipment, by distorting his directions or other ways of measuring equipment unregistered consumption, final consumer pays the value of natural gas consumed, which is determined by applying a lump sum system.
(6) Reconnection to the natural gas network installations of the final consumer of natural gas, previously disconnected will be undertaken only after the removal of the final consumer of the causes that led to disconnection. Reconnection will be done in the quickest term, but not later than two working days after removing the cause of the disconnection and reconnection after payment tariff.
(7) prohibits disconnection of natural gas facilities final consumers on Fridays, Saturday and Sunday, during holidays or a day before the non-working holidays and other days after 18.00 except in the cases of detection of unauthorized connection to the networks of natural gas when natural gas installations connected with unauthorized off track these cases.
(8) Disconnecting and reconnecting to the natural gas network installations of the final consumer of natural gas is performed by the system operator, the supplier's request or on its own initiative in cases and conditions of this law, the Regulation the supply of natural gas and the Regulation on the connection.
(9) The rights and obligations of system operators, suppliers and final consumers about disconnecting from and reconnecting to the natural gas networks of natural gas installations final consumers are established in this article, art. 15 para. (3), Art. 39 para. (1) k) art. 46 para. (1) i) art. 70 and 110 of this Act, the Regulation on natural gas supply and Regulation on the connection.
(10) Each system operator shall publish annually on its electronic information on the number of final customers who were disconnected from the natural gas networks, the reasons for disconnection, and other data in accordance with the requirements set by the Agency . Article 84. Protection of vulnerable consumers

(1) Vulnerable consumers are protected by social protection policies.

(2) Vulnerable consumers can benefit from special measures of social protection. Those measures should not impede the effective opening and functioning of the gas market in accordance with the principles established in this law.
(3) In the case of vulnerable consumers, the supplier may apply support mechanisms to avoid interruptions in gas supply to this category of consumers, including if the nonpayment of bills for payment for gas consumed.
Chapter XIIFURNIZAREA GAS



Article 85. The supply of natural gas (1) Provision shall be made to gas suppliers licensed to conduct the kind of activity.
(2) The supplier is independent of any organization which operates natural gas transportation, distribution or storage of natural gas and can not licensed for transport, distribution or storage of natural gas.
(3) suppliers shall supply natural gas to end users in accordance with the conditions set out in this chapter, license and regulation on natural gas supply.
(4) Supply of gas to final consumers is performed at unregulated prices, market-based agreement negotiated between supplier and end consumer.
(5) The terms and conditions of termination of gas supply contracts are established by this Law and the Regulation on natural gas supply.
(6) Notwithstanding the provisions of paragraph. (4) of this Article in the context of a public service obligation laid down in art. 89 suppliers are obliged to provide end consumers at their request, natural gas at regulated prices, reasonable, transparent, non-discriminatory, comparing, observing the quality parameters established in accordance with this Law and the conditions laid down in the Regulation on the provision natural gas.
(7) Final consumers who have lost their supplier in certain circumstances (outgoing supplier, the supplier has been suspended or license was revoked, the supplier is unable to provide natural gas) are entitled to supply natural gas the provider of last resort at regulated prices, reasonable, non-discriminatory and easily comparable, for a limited period of time, not more than 4 months in accordance with this law and the conditions laid down in the Regulation on natural gas supply.
(8) Suppliers purchase natural gas on the wholesale market for natural gas, the conditions laid down in this Act and the rules of the gas market.
(9) providers that provide natural gas in the context of public service obligations laid down in art. 89 and 90 procure natural gas at the lowest price, while ensuring the reliability of natural gas supply to final consumers. These providers are obliged to conclude contracts and to extend to natural gas in reasonable time and submit them for approval to the Agency at least 15 days before the expiry of the previous contracts.
(10) providing natural gas suppliers in the context of public service obligations laid down in art. 89 and 90 meet their obligations within the borders established by the Agency conclude, upon request, contracts to supply natural gas to any final consumer is entitled to it under this law, in compliance with Regulation on gas supply at regulated prices approved agency. Terms and conditions to be observed in supply contracts for natural gas in the context of public service obligations laid down in art. 89 and 90, and mandatory clauses to be included in those contracts are established in the Regulation on natural gas supply.
(11) providing natural gas suppliers in the context of public service obligations laid down in art. 89 and 90 have the right to sell gas at market conditions and at prices negotiated provided separate bookkeeping for each type of supply.
Article 86. The functions and obligations on the supplier

(1) In carrying out its work, the supplier is obliged to comply with this law and regulations approved by the regulatory agency and ensure continuity of supply of natural gas to the quality parameters established in accordance with the terms of supply contracts natural gas concluded with final consumers.
(2) Each supplier is obliged to have service centers to end consumers so last to receive all the information necessary to enable them to make use of their rights are enshrined by law and legislation in the field, including the regulatory legal acts issued by the agency, in particular:
a) information on prices and on standard contractual clauses, conditions to be met for the contract of supply of natural gas and other relevant information;
B) information on arrangements for payment, the possible consequences for nonpayment of bills for gas consumed and on the circumstances in which the supplier is entitled to collect payment for natural gas supplied preventive final consumers;
C) information on the procedure for switching on the right end consumers change supplier unconditionally and without charging a fee, and the final consumer's right to receive, no later than two weeks after switching, a the final invoice payment for gas consumed;
D) information on how ADR of any disagreement with final consumers on compensation to be paid to final consumers by the supplier for breach of its obligations and deadlines on complaints received from end consumers;
E) indication of how the provider is to communicate data on the final consumers of actual gas consumption and actual costs;
F) information on the supply of natural gas to final consumers as quality parameters established and rights available to them as recipients of gas supply in the context of public service obligations laid down in art. 89 and 90;
G) other information in accordance with this Law and the Regulation on natural gas supply.
(3) The information specified in para. (2) shall be published on the website of suppliers and updated regularly.
(4) providers that provide natural gas in the context of public service obligations laid down in art. 89 and 90 are obliged to establish and operate a telephone service, and to ensure that service centers to end consumers operate under the work program of at least 5 days a week and at least one day per week to be opened till 20.00. The personnel responsible for examining complaints final consumers must have real right to take decisions on behalf of the supplier, and the opportunity to work with system operators to address issues raised by end users and disclosure required management applications and end consumer complaints, fixing meetings with representatives of the supplier must be possible including telephone and electronic mail.
(5) The supplier is obliged to provide end consumers the possibility to pay for natural gas consumption through multiple payment methods, applied to end consumers without discrimination. Any difference in terms of the conditions for payments to be justified given the cost supplier. The supplier is entitled to seek preventive final consumers pay according to estimates based on likely consumption, with the application of equitable criteria set out in the Regulation on natural gas supply, including where the consumer is in insolvency proceedings.
(6) Each vendor invoices natural gas supplied under a payment invoices issued in compliance with Regulation on natural gas supply. Supplier invoice includes costs incurred in connection with the provision of services to the consumer that the transmission and distribution of natural gas. The supplier may include bill payment and other fees in accordance with the law and regulation on natural gas supply.

(7) Supplier shall indicate in the invoice and in promotional materials made available to final customers:
a) information on the contribution of each source of natural gas in the total structure of energy sources used by the provider in the previous year;
B) information on the right of consumers to settle disputes out of court supplier and the deadlines that have the right to appeal to the supplier.
(8) Supplier shall indicate in the invoice, promotional material information regarding the natural gas consumption of the final consumer, so that to be able to regulate their own consumption of natural gas on prices applied and on the cost of natural gas consumed. Information shall be communicated at appropriate intervals, taking into account the measurement equipment installed capacity at end-users and frequency of reading the indications of measuring equipment as well as the cost-efficiency of such measures. It prohibits a supplier from charging end consumers additional payment for this service.
(9) Annually, each supplier is obliged to develop and publish on its electronic program assistance actions relating to final consumers on the achievement of contractual obligations, preventing the suspension of natural gas supply, supporting the delivery of natural gas to final consumers places far from urban centers and on promoting energy efficiency.
(10) annually before April 30, each vendor Agency shall prepare and submit a report on its activity in the previous year. This report is published on the website of the provider.
(11) Each supplier is obliged to take necessary measures for assisting and protecting the interests of end consumers and for examining their claims effectively, including to settle disputes out of court.
(12) The supplier is obliged to perform other functions and duties set out in this chapter and the regulatory legal acts issued by the Agency.
Article 87. The contract for supply of natural gas
(1) The provision of natural gas to final consumers shall only be performed under a contract to supply natural gas signed between the supplier and the final consumer in accordance with this Law and Regulation on natural gas supply.
(2) natural gas supply contract must contain the following:
a) the name and address of the supplier;
B) the contract, the quality parameters of natural gas supplied;
C) the means can obtain updated information on prices in force;
D) cases and conditions for natural gas supply disruption, disconnection and reconnection to the natural gas networks of natural gas installations of end consumers;
E) the duration, cases and manner of extension, modification, suspension and termination of supply of natural gas, including providing express right to terminate the final consumer unilaterally free;
F) provisions regarding the manner of notification by the supplier to the end consumer about the price increase of natural gas supply before application;
G) the types of maintenance services, where they are offered;
H) the payment terms, payment arrangements, where the supplier is entitled to impose preventive payment for gas consumption, and the measures to be taken by the supplier for breaches of contractual obligations to consumers;
I) any compensation and arrangements for reimbursement of expenses that apply where the supplier does not fulfill its contractual obligations, including incorrect billing, or if the supplier fulfill its contractual obligations delayed or defective;
J) the method of initiating procedures for settlement of disputes related to non-performance or defective performance of the contract;
K) rights and obligations of the supplier and the final consumer, as well as information on the handling of complaints.

(3) contractual terms must be fair and be presented potential final consumer before the contract for the supply of natural gas. If the natural gas supply contract concluded through representatives, the final consumer must be notified in advance of the contractual conditions.
(4) Supplier shall develop standard contractual clauses of the contract for the supply of natural gas proposed for negotiations to end consumers, to publish this statement on its electronic and / or to communicate using other methods transparent. The standard contractual clauses are drafted in accordance with this Article and Regulation on natural gas supply. The standard contractual clauses may be detailed in the contract and completed the contract annexes. Supplier and end consumer may provide natural gas supply contract possibility of reducing the volume of natural gas in certain periods of the day. Mandatory contractual terms of natural gas supply contract entered into in connection with the provision in the context of public service obligations laid down in art. 89 and 90 are approved by the Agency.
(5) natural gas supply contract must be drafted in language that is clear, understandable and unambiguous. It prohibits a supplier to end users require the submission of documentation excessive in relation to the contract, to charge excessive administrative burden to final consumers and to resort to selling practices incorrect or misleading. It prohibits a supplier to introduce clauses in contracts that prohibit or condition the final consumer switches supplier concerned and the final consumer from charging fee for termination. Contractual clauses containing such provisions are null and void.
(6) natural gas supply contract ends if natural gas plants are connected to the final consumer of natural gas networks in compliance with safety rules.
(7) providing natural gas provider in the context of public service obligations laid down in art. 89 and 90 shall conclude contract to supply natural gas potential final consumer that meets terminating the contract pursuant to this Article and Regulation on natural gas supply.
(8) late payment of gas consumption, final consumers pay penalty in the amount determined in the manner prescribed by contract negotiation. The amount of penalty is negotiable, but can not exceed the average annual interest rate on new loans to commercial banks in national currency for a year, in the previous year and published in the report of the National Bank. At the request of final consumers, providers will renegotiate the amount of the penalty set out in contracts with end users, observing the maximum ceiling set.
(9) The supplier may require the system operator to disconnect natural gas installations of the final consumer in cases and within the deadlines and conditions set forth in art. 15 para. (3), art. 70 and 83 of this Law and the Regulation on natural gas supply.
(10) Supplier shall notify the final consumer about the proposal to modify the contract of gas supply at least 15 working days before, and the fact that the latter is entitled not to accept the change or terminate natural gas supply contract in case of disagreement. The supplier is obliged to notify directly, transparent and comprehensible final consumers any price increase no later than the end of your first billing period following the entry into force of the increase.

(11) Except in cases of non-payment of bills to consumers for natural gas supplier may unilaterally terminate the contract for supply of natural gas to final consumers shipment provided prior notification at least 30 days before, in accordance with the Regulation on natural gas supply. Providing natural gas supplier in the context of public service obligations laid down in art. 89 and 90 is entitled to suspend or terminate unilaterally the contract of gas supply only as stipulated and within the deadlines and conditions set forth in the Regulation on natural gas supply.
(12) The supplier is obliged to submit expeditiously to resolve disagreements related extrajudicial execution of the contract for the supply of natural gas and implement an effective, non-discriminatory reimbursement of expenses or payment of compensation to final consumers.
Article 88. Procedure for switching
(1) The procedure for switching to the final consumer is regulated by Regulation on the procedure for changing supplier, developed and approved by the Agency, which sets out in particular: || | a) the process for changing supplier;
B) the conditions to be met by the provider again;
C) providing new rights and obligations with respect to other parties involved in the process of changing supplier;
D) rights and obligations of the supplier in the context of termination of the current natural gas supply;
E) rights and obligations of the system operator who operates natural gas networks which are connected to natural gas plants of the final consumer;
F) rights and obligations which initiates the final consumer switching;
G) how to solve the previous financial obligations to the final consumer.
(2) Switching is performed later than 20 calendar days, upon application by the final consumer. Switching procedure can be managed by the final consumer or the supplier again by proxy representation of the final consumer, drawn up in compliance with the Civil Code.
(3) In case of change of supplier, the system operator is obliged to conclude new contract supplier for the service of natural gas transmission, distribution service contract for natural gas for place / consumption places indicated by the final consumer . Switching to the final consumer who applies the principle of "capability follows the consumer."
(4) The current supplier is required to supply natural gas to a final customer who initiated the procedure of switching to the termination of the supply of natural gas. It prohibits current provider and system operator, to charge the final consumers to change provider payments for the contract of supply of natural gas or impede in any way the timetable for switching to the final consumer.
(5) measuring equipment, mounted at / places of consumption / non-household consumer requesting a change of supplier, must allow recording hourly natural gas consumption and meet the Regulation on measuring natural gas for commercial purposes. If the metering equipment installed at the place of consumption of consumer non-household intends to change supplier does not meet the requirements of Regulation on measuring natural gas for commercial purposes or not record hourly consumption of natural gas measurement equipment is replaced by by non-household consumer's expense, to the initiation of switching.

(6) The current supplier is obliged to submit the final consumer an invoice for payment, final two weeks later than the change of supplier, based measuring equipment indicated communicated to him by the system operator. Any disputes arising between current supplier, new supplier and system operator in connection with change of supplier shall be settled amicably or in court. Any dispute between the current supplier and end consumer who is not related to payment for natural gas supply not postpone the switching and implementation of a new contract to supply natural gas.
(7) The system operator and suppliers keep in separately track complaints regarding switching and report quarterly to the Agency on application and enforcement of the Regulation on the procedure of switching, including in relation to complaints received from end consumers in the context of changing provider.
Article 89. The supply of natural gas to certain
category of final consumers in the context of

public service obligation (1) Households and small businesses have the right to be supplied with natural gas providers to whom was imposed public service obligation to supply natural gas to certain categories of end users parameters Stable quality at prices regulated, transparent, non-discriminatory compared in accordance with the terms and conditions of this law and the regulation on natural gas supply.
(2) Within the limits authorized by the license territory for a distribution system operator, the Agency may impose one or more public service providers to supply natural gas to final consumers specify par. (1).
(3) The rights and obligations of the supplier providing natural gas to certain categories of end users in the context of the public service obligation and the terms and conditions under which natural gas to be supplied to consumers as specified in paragraphs. (1) are established in the Regulation on natural gas supply.
(4) Annually, before April 30, the supplier that provides natural gas to certain categories of end users in the context of a public service obligation Agency prepare and submit a report on their activity in the previous year in connection with public service obligation concerned. The report is published on the website of the supplier.
Article 90. Provision of last resort
(1) Final consumers who have lost their supplier in certain circumstances (outgoing supplier, the supplier has been suspended or license was revoked, the supplier is unable to provide natural gas) are entitled to be supplied with natural gas for a certain period of time by the supplier which has been imposed public service obligation to ensure the provision of last resort.
(2) In a decision adopted pursuant to art. 11 The Agency may impose one or more public service providers to ensure the provision of last resort. In the event of occurrence of circumstances alleged in para. (1) of this Article, the supplier of last resort supply gas to final consumers who have lost their supplier in regulated conditions and regulated prices approved by the Agency. The Agency is entitled to impose the supply of last resort suppliers supplying natural gas to certain categories of end users in the context of a public service obligation laid down in art.
89. (3) The supplier outgoing supply or is unable to provide natural gas is obliged to notify the Agency in accordance with Art. 15 para. (8) and (9).

(4) Upon receipt of notification, identify the supplier of last resort operating within the territory in which the final consumer consumption places and adopt a decision on ensuring the supply of last resort to final consumers served by their supplier outgoing supply or is unable to supply gas. Supplier of last resort based on the decision takes final consumers Agency without giving a specific application by the final consumers concerned.
(5) The supplier outgoing supply or is unable to supply gas must notify at least 30 working days before, the system operator serving its consumers end on the date of termination provision natural gas and passing them on to the supplier of last resort designated agency.
(6) The system operator shall submit to the Agency and the supplier of last resort, within 5 working days of the notification received under par. (5) information about end users to be taken over by the supplier of last resort.
(7) Procedure output of a natural gas supplier in the market, regardless of its form or its causes and how to transmit the final consumers are established provider of last resort in the natural gas market rules.
(8) The supplier of last resort provides natural gas to final consumers for a period of 4 months. Until the expiry of this period, the final consumers of the supplier of last resort are obliged to conclude a contract to supply natural gas at negotiated prices or a contract for the supply of natural gas in terms of art. 89. If a final consumer does not meet this requirement, the system operator is obliged to disconnect, at the request of the provider of last resort natural gas installations of final consumer concerned after prior notice, 15 days before the consumer final.
(9) the supply of last resort natural gas supply contract is concluded from the day the physical supply to the final consumer is established and secured, regardless of whether the final consumer or demand filed on gas supply natural in the terms and conditions set out in the Regulation on natural gas supply.
(10) The supplier of last resort available to the final consumer of natural gas supply contract in writing within 8 days from the commencement date calendar
provision of last resort.
(11) The supplier of last resort is entitled to request the system operator to disconnect natural gas installations of the final consumer who has paid for the gas supplied.
(12) Rights and obligations of the supplier of last resort and the terms and conditions to be ensured provision of last resort are set in the Regulation on natural gas supply.
(13) The supplier of last resort is obliged to keep separate records on the consumer and to prepare separate reports for the supply of last resort.
(14) annually before April 30, the supplier of last resort Agency prepare and submit a report on their activity in the previous year in connection with the provision of last resort, which should contain information on the number of end consumers who benefited provision of last resort, the volume of natural gas supplied and the average duration of supply of natural gas in the context of fulfilling the public service obligation in question. The report is published on the website of the provider of last resort respectively.
Article 91. Preserving and presenting information

by the supplier (1) The supplier is obliged to keep for at least 5 years information and documents relating to the natural gas supply contracts concluded with wholesale customers with system operators and operators of storage deposits and to submit upon request, Agency, Competition Council, central bodies of public administration and the Energy Community Secretariat.

(2) Information which are retained in accordance with paragraph. (1) must contain details of transactions, such as rules on the duration, supply, settlement amount, dates and times of execution, the transaction prices and means of identifying consumer wholesale operator system operators deposits storage concerned, as well as specified details of all contracts for the supply of natural gas.
(3) The Agency may decide to make available to participants in the gas market of the information provided in par. (2) provided with limited access disclosing official information concerning individual market participants or natural gas on some transactions in the gas market.

Chapter XIIIPIAŢA GAS


General Principles Article 92. (1) All transactions for the sale of natural gas and other related products is carried out in the gas market, which is comprised of natural gas wholesale market and the retail market for gas natural.
(2) The right to participate in the natural gas market belongs to all producers, suppliers and consumers operating in Moldova.
(3) The functioning of the gas market and regulating the rights and obligations of participants in the gas market is carried out in accordance with the terms and conditions of this law and the rules of the gas market.
(4) Transmission system operators, distribution system operators and storage operators deposits are specific to gas market participants and are entitled to act on gas market only in terms of this Chapter and gas market rules.
(5) Transmission system operators, within the limits established functions, the Agency presents the necessary information on activity in the gas market and inform the Agency of any violations, apparent or potential, from participants in the gas market.
(6) annually by March 1, the Agency shall prepare and publish a report on natural gas market, which must contain detailed information on the organization and functioning of the market participants in the gas market activity and trends information on developments registered gas market. Gas Market Report is published on the official website of the Agency.

Article 93. Opening and reciprocity (1) All final consumers are eligible and entitled to free choice of supplier and change supplier.
(2) At the opening of the market of natural gas, natural gas supply contracts concluded with an eligible customer in a country party to the Energy Community shall be considered valid if the consumer so that is declared eligible in the State of origin, and in state purchasing natural gas.
Article 94. The wholesale gas
(1) transactions for the sale of natural gas, including import or export transactions, transactions for the sale of the interconnection capacity, other related products, which participating producers, transmission system operators, distribution system operators, storage operators and suppliers deposits shall be made on the wholesale market for natural gas.
(2) natural gas wholesale market is organized and operates in accordance with this Chapter and gas market rules.
(3) wholesale market in natural gas sale and purchase transactions are carried out on the basis of bilateral agreements, which are formed taking into account supply and demand, as a result of competitive mechanisms or negotiations. Gas market participants are entitled to engage in bilateral transactions, including transactions bilateral export or import of natural gas, with the obligations set out in this law and the rules of the gas market.
(4) transactions for the sale of natural gas on the wholesale market for natural gas is conducted in a transparent, public and non-discriminatory.
Article 95. The retail market for natural gas
(1) transactions for the sale of natural gas to participating providers and end consumers to own consumption of the past is done on the gas retail market.

(2) On the retail market for natural gas sale and purchase transactions are performed in accordance with the natural gas supply contracts concluded between suppliers and end users.
(3) retail natural gas suppliers sell gas to eligible consumers at prices negotiated on the basis of bilateral contracts concluded with them. Transactions for the sale of natural gas on the retail market for natural gas is conducted in a transparent, public and non-discriminatory.
(4) In the context of public service obligations, suppliers mentioned in art. 89 suppliers of last resort and provide natural gas to end consumers at prices regulated by the Agency on the conditions established in the head. XII. Article 96. Rules

gas market (1) principles, organization and functioning of the gas market rules are defined in the natural gas market.
(2) gas market rules create suitable legal framework for transactions of sale with the principles of transparency, publicity and non-discrimination, and to ensure service delivery system based on objective, transparent and non-discriminatory .
(3) The rules governing the gas market in particular:
a) the structure of the gas market;
B) procedures, principles and standards of organization and functioning of the gas market, according to market model applied to natural gas;
C) the types of contracts in the gas market and mandatory clauses to be inserted in contracts on regulated bilateral contracts market conditions;
D) methods of calculating the actual flow of gas market natural gas, natural gas volumes purchased gas market participants in accordance with contracts, methods of recording the quantity of gas at the entry points and the output of natural gas transport networks;
E) procedures and methods for recording transactions in the gas market;
F) the procedure for making notifications by natural gas market participants;
G) procedures and methods of arranging and maintaining database gas market needs;
H) Acquisition-related procedures and methods of system services and the acquisition of natural gas to cover technological consumption and natural gas losses in transmission and distribution of natural gas;
I) the rights and obligations of the gas market, including obligations of the gas market to balance;
J) methods of calculating the quantitative imbalances caused by gas market participants and financial settlement for the imbalances caused in the gas market;
K) other matters necessary for the organization and functioning of the gas market.
Article 97. The promotion and monitoring competition

gas market (1) The Agency shall ensure the creation of conditions for effective competition in the gas market and its development, including the promotion in its normative regulatory acts, the principles of fairness, transparency and non-market monitoring gas and carry out checks to the timely detection of the gas market abuses.
(2) To perform the functions set out in para. (1) the Agency will carry out at least every two years, a market survey, based on the results which lays down measures necessary and proportionate to promote effective competition in the gas market and, consequently, to create prerequisites for efficient functioning the natural gas market.
(3) The market study is done based on the decision of the Agency and include the following:
a) description and subject the gas market;
B) assess the level of efficiency, competition and transparency in the gas market and quantifying the concentration of the gas market, including through the application of established indicators of market concentration in the gas market rules;
C) indications of natural gas undertakings holding a dominant position in the gas market;

D) the conclusions of the study, which will include investigations and measures to be taken to ensure fair competition in the gas market.
(4) In connection with the study of the market, the Agency initiate public consultations in accordance with the terms and conditions stipulated in the Law on transparency in decision making. Comments received during the public consultation is reflected in the Agency's report.
(5) Any market study initiated will be conducted in the most efficient way, for up to 4 months after the adoption of appropriate decisions by the Agency. If necessary, this period may be extended by the Agency, in a reasonable and warranted for a period of 4 months. The market study is completed by the Agency adopts decisions, the outcomes of study are specified and ordered measures to the development of normal market forces and fair competition in the gas market.
(6) At the request of a gas market participant or referral to a specialized central public administration, another public authority, the Agency is entitled to initiate investigations on the gas market.
(7) Investigation Agency is to be in the most efficient way for up to 4 months, which term may be extended by a reasoned decision of the Agency, more than 4 months. The results of the investigation are reflected in a decision of the Agency specifying the circumstances ascertained and ordered measures, including suspension or revocation of the license of a gas market participant or the temporary or permanent suspension of its participation in the gas market. If, after investigation, are signs of violation of competition law, the Agency shall this Competition Council.
(8) Agency report on assessing the level of competition in the gas market and decisions on investigations conducted on the gas market is published on the official website of the Agency.

Chapter XIVREGLEMENTAREA prices and tariffs. SEPARATION OF ACCOUNTING

Article 98. Prices and tariffs applied in the

natural gas (1) natural gas prices and tariffs following applies:
a) negotiated prices resulting from supply and demand of natural gas markets;
B) regulated prices and tariffs.
(2) In the category of regulated prices and tariffs be awarded:
a) regulated tariffs for natural gas transmission service, including rates of type input and output;
B) regulated tariffs for natural gas distribution service, including tariffs differentiated by the pressure of natural gas distribution networks;
C) regulated tariffs for natural gas storage service;
D) the regulated prices for the supply of last resort for natural gas supply to certain categories of end users in the context of fulfilling the public service obligation laid down in art. 89, including differentiated consumer prices;
E) regulated tariffs for ancillary services provided by the transmission system operator and distribution system operator, including tariffs for connection and reconnection charges.
(3) regulated prices and tariffs specified in para. (2) shall be determined in accordance with methodologies for calculating, approving and implementing them developed and approved in accordance with this law.
(4) In calculating tariffs for the transportation of natural gas volumes are taken into account, revenue and expenditure for cross-border flows.
(5) suppliers of natural gas to final consumers negotiate the gas price according to supply and demand of natural gas markets, except where natural gas is supplied at regulated prices.
Article 99. Methodologies for calculation, approval
and application of prices and tariffs
(1) calculation methodologies, approval and implementation of prices and tariffs specified in art. 98 para. (2) shall be developed and approved by the Agency under this law.
(2) calculation methodologies, approval and implementation of prices and tariffs are based on the following principles:

A) the effective functioning and ensuring the financial viability of natural gas undertakings under strictly necessary and justified costs of regulated activities;
B) natural gas supply, continuously and reliably end customers, in compliance with the quality parameters and quality indicators established;
C) regulated activities safely;
D) orientation of pricing and tariffs to create prerequisites for motivating gas companies and end consumers in enhancing energy efficiency by setting appropriate incentives both short term as well as long term;
E) promoting efficient investment in natural gas;
F) the elimination of cross subsidies;
G) ensuring that the regulated prices and tariffs are justified, reasonable, verifiable, non-discriminatory, transparent, performance-based and objective criteria and include a reasonable rate of return.
(3) Methodologies for calculation, approval and implementation of prices and tariffs should include:
a) the composition and calculation of:
- expenses related to the purchase of gas, including for covering consumption technological and natural gas losses in transmission and distribution of natural gas;
- Material costs;
- Staff costs;
- Expenditure on tangible and intangible assets amortization, including when their revaluation, to ensure that those assets are not impaired more than once and to exclude assets that were obtained free of charge through donations and grants;
- Related to efficient maintenance system objects and natural gas;
- Distribution and administrative expenses;
- And other justified expenses necessary to carry out operational;
- Profitability level, determined by the weighted average cost of capital (activities regulated transmission, distribution or storage of natural gas);
- Tariff deviation created during the previous application of regulated prices and tariffs;
B) determine the costs that must be included in regulated prices or rates, separately for each activity performed by the undertaking for natural gas and for each type of network gas;
C) conditions of use costs for depreciation of tangible and intangible assets, maintenance costs and operating materials and how to include these costs in regulated prices and tariffs, when used for other purposes or if not used their;
D) the technological consumption and wastage of natural gas transmission and natural gas distribution;
E) recovery mode by regulated prices and tariffs, investments made, the method of determination and application rate of return by activity. The application rate of return does not take into account the value that resulted from the revaluation of tangible and intangible assets amount paid by the consumer and the value of assets that have been obtained free of charge through donations and grants;
F) separation method common expenses of the enterprise and separation profitability by activity practiced by the company and / or type of natural gas network;
G) the method of determination and application of tariffs differentiated by low pressure gas networks and differentiated consumer prices;
H) the adjustment of regulated prices and tariffs.
(4) The level of profitability for their regulatory supply of natural gas is determined by calculation methodologies, approval and application of regulated prices so as to obtain a reasonable profit providers and respecting the principles of fairness and non-discrimination between providers of the same category.
(5) calculation methodology, approval and implementation of the regulated tariff for the transportation of natural gas must determine how to determine tariffs for entry into and exit from the natural gas transmission networks, and the method of setting mechanisms the rates of allocation of costs in relation to points of entry and exit.

(6) regulated prices and tariffs and methodologies for calculating, approving and implementing them must be non-discriminatory in terms of activities, categories of consumers and users of the system.
(7) Methodologies for calculation, approval and implementation of prices and tariffs approved by the Agency shall be published in the Official Gazette of the Republic of Moldova also placed on the official website of the Agency and on web sites of firms natural gases.
Article 100. Determination, approval and monitoring
application of regulated prices and tariffs
(1) regulated prices and tariffs in natural gas is determined annually by natural gas undertakings in accordance with the methodologies of calculation, approval and implementation of prices and tariffs and according to the terms and conditions Rules established procedures for the submission and consideration of applications for license regulated prices and tariffs.
(2) regulated prices and tariffs, caused by natural gas undertakings in accordance with paragraph. (1) shall submit to the Agency for review and approval.
(3) Agency in accordance with art. 7 paragraph. (2) with art. 8 and 9, examine prices and tariffs provided by enterprises of natural gas and passes the decision on approving the prices and charges.
(4) Natural gas undertakings shall present to the Agency the information necessary for the examination and justification of expenditure and for predicting the correct calculation of prices and tariffs.
(5) Agency decisions on approval of prices and tariffs shall be published in the Official Gazette of the Republic of Moldova, is placed on the official website of the Agency and on web sites of natural gas undertakings.
(6) The Agency shall oversee and monitor the implementation of natural gas undertakings calculation methodologies, approval and implementation of prices and tariffs, and the correct application of prices and tariffs approved.

Accounting separation Article 101. (1) natural gas undertakings, regardless of the type of property and legal form of organization, compile, submit to audit and publish their annual financial statements.
(2) To avoid discrimination, cross-subsidization and distortion of competition, gas enterprises are obliged to keep their accounting system accounting separate accounts for each of their transmission, distribution and storage of natural gas, so such as where these activities were carried out by separate undertakings.
(3) Natural gas undertakings shall maintain separate accounts for other activities related to natural gas, but does not cover transportation, distribution and storage of natural gas, as it would be if these activities They were carried out by separate undertakings. Also, natural gas companies must keep separate accounts for other activities not covered by this law. Balance sheet and profit and loss statement are drawn up separately for each activity, categories of consumers.
(4) Suppliers that supply gas at regulated prices and negotiated prices are obliged to keep separate accounts for each type of activity practiced by category of consumers.
(5) Natural gas undertakings shall indicate in their policies accounting rules for the allocation of assets and liabilities, charges and income, and losses, which applies to accounting separation by activity practiced in accordance this law, accounting standards and calculation methodologies, approval and implementation of prices and tariffs.
(6) Revenues from using the title of ownership of transmission and / or distribution of natural gas specified in corporate natural gas. Annual financial statements must include in the notes, information about any transaction with related businesses.

(7) audit the financial statements of businesses of natural gas shall be subject to the conditions laid down in Law no. 61-XVI of 16 March 2007 on Auditing and International Auditing Standards and must include, in addition, where obligations are observed to avoid discrimination and cross-subsidies, in par. (2) - (4) of this Article.
Article 102. Access to accounting and disclosure
(1) The Agency is entitled, upon the request in writing or in the controls carried out, accounting firms have access to natural gas and to require an gas to submit the data and information necessary to fulfill its duties.
(2) Natural gas undertakings shall provide access to accounting and present data and information required in accordance with paragraph. (1) the terms and conditions of this law and the regulations made and approved by the Agency.
(3) The Agency is obliged to refrain from disclosing information that constitutes a trade secret. This information may be disclosed only in the terms and conditions provided by law.
(4) The information required for effective competition to the efficient functioning of the gas market and to regulate prices and tariffs be made public. This obligation is implemented by the Agency without prejudice to the information which constitutes a trade secret.
Chapter XVSECURITATEA

GAS SUPPLY
Article 103. Security of gas supply
(1) Security of gas supply is ensured by creating conditions necessary for the effective and continuous gas market and by establishing exceptional measures to be put application where the gas market is unable to provide necessary volumes of gas supply. This chapter sets out the principles and basic rules governing the functions of the natural gas market participants, the actions to be taken as preventive measures to coordinate activities in the gas market and the actions to take in case of interruptions in gas supply.
(2) Ensuring the security of gas supply is for the Government, which approves the Regulation on emergencies in the gas market, the Action Plan for emergencies in the gas market, the composition of the commission for emergencies and performs other functions established by this law.
(3) Regulation on emergencies in the gas market and the Action Plan for emergencies gas market must contain measures unequivocal, transparent, does not affect competition and the functioning of the gas market than in justified cases.
(4) Regulation emergencies gas market developed by the central body of public administration in the energy field, defines the roles and functions of the natural gas market participants, sets minimum safety standards in the supply of natural gas and contains in particular:
a) criteria for identifying protected customers;
B) the measures to be taken by businesses of natural gas to ensure gas supplies to protected customers in the following cases:
- extreme temperatures for a period of 7 days peak, statistically once 20 years;
- Any period of at least 30 calendar days in which gas demand is exceptionally high, a statistical probability of once in 20 years;
- For at least 30 calendar days in case of the disruption of natural gas main networks in normal winter conditions;
C) criteria for identification of natural gas undertakings referred to in subparagraphs b);
D) the criteria for identifying different categories of major risks to security of gas supply;
E) measures to reduce the risks identified under subparagraph d) and, especially, in the event of disruption of gas supply infrastructure, the disruption of gas or source / route of gas supply in the event of applications for exceptionally high natural gas;

F) information on existing and planned interconnectors to be constructed, which contribute to the security of gas supply;
G) of the report to be presented by enterprises of natural gas on the security of gas supply;
H) other obligations imposed on natural gas undertakings, the competent bodies and authorities, including the obligations on the safe operation of the gas system.
(5) In developing the Regulation on emergencies in the gas market, the central body of public administration in the energy field must take into account the provisions of network development plans for gas for 10 years, developed the system operators transport.
(6) Regulation on emergencies in the gas market is based primarily on market mechanisms and in its development will take into account the economic impact and effectiveness of the measures that must be undertaken, their impact on the functioning of the gas market, the environment and consumers.
(7) Regulation on emergencies in the gas market is revised every two years or earlier, if necessary, and published in the Official Gazette of the Republic of Moldova.
Article 104. Action Plan for emergencies

gas market (1) Action Plan for emergencies gas market (hereinafter - Action Plan) is drafted by the central body of public administration in the energy field in cooperation with the Commission for Emergencies and it is presented to the Government.
(2) Action Plan:
a) defines crisis levels;
B) determines the role and functions of the central body of public administration in the energy sector, the Commission for Emergencies, other responsible authorities, businesses of natural gas, and industrial customers including relevant electricity producers and heat, taking into account differences in the extent to which they are affected in case of interruption of gas supply, and establish ways and means of interactions with the central body of public administration in the energy field, with the Commission for situations exceptional for each of the crisis levels defined;
C) identify, where appropriate, measures and actions to reduce the potential impact of disruption in the supply of natural gas on the heating system and the supply of electricity produced using natural gas;
D) sets out detailed measures and procedures to be followed at each crisis level, including schemes to ensure information flow to businesses and industrial consumers of natural gas can react to each crisis level;
E) identify measures that are not based on market mechanisms and to be implemented in case of occurrence of emergency situations and evaluate the use of those measures is needed to resolve situations arising in a crisis, assess their effects and define the procedures required to implement them. Identify those measures must take into account that the measures that are not based on market mechanisms can be used only if those based on such mechanisms can ensure natural gas supply to consumers, particularly to the protected customers ;
F) describe the mechanisms applied to cooperation with countries of the Energy Community parties for each crisis level;
G) describes the details of the reporting obligation imposed on natural gas for each crisis level;
H) establishes a list of predefined actions to be taken to ensure gas supply in case of an emergency, including commercial agreements between the parties involved in such actions and the compensation mechanisms for natural gas undertakings, where appropriate, respecting the confidentiality of data and information constituting a trade secret;
I) establishes the list of final consumers and interruptible order to be limited and / or suspended natural gas supply to final consumers concerned;

J) defines the type and, where applicable, the quantities of alternative fuels to be used by final consumers during the interruption.
(3) In developing the Action Plan should be taken into account:
a) the existence of deposits of storage capacity and the necessary volume of gas in them and the investments necessary to ensure the existence of deposits of storage capacity in exceptional circumstances;
B) withdrawal capacity of storage facilities;
C) the need to ensure the transmission system capacity natural gas transport networks to enable the takeover and targeting volumes of natural gas to areas of risk and the need to extend the gas transmission networks in order gas supplies to protected customers in those areas;
D) flexibility of the gas system;
E) the need to stimulate contracts with clauses curtailment;
F) use of alternative fuels reserve by industrial customers, including manufacturers of electric and thermal energy;
G) the existence and development of interconnection capacity to ensure cross-border trade of natural gas;
H) the need to boost cooperation with transmission system operators of transport systems in neighboring countries to coordinate activities of natural gas supply;
I) the need for coordination of delivery of natural gas between transmission system operators, distribution system operators and operators of storage warehouses;
J) domestic natural gas production flexibility;
K) flexible gas imports;
L) the possibility of diversifying gas supply sources;
M) the existence of contracts for the purchase of natural gas in the long term;
N) the need to optimize infrastructure investments to increase the capacity of the gas transmission networks, replacing the natural gas transmission networks with expired service life and technology to reduce consumption of natural gas losses, to ensure security of gas supply natural and import of natural gas through all possible sources, including regasification terminals and interconnections.
(4) Action Plan is revised every two years or earlier, if necessary, and published in the Official Gazette of the Republic of Moldova.
(5) In performing its tasks on the implementation of the Action Plan for Emergencies Commission must take into account:
a) immediate measures taken by the participants in the gas market in response to reducing major gas supply ;
B) other measures approved by the Government on security of gas supply in the gas market emergencies.
Article 105. Exceptional situations
gas market (1) The existence of an exceptional situation on the gas market is established by the transmission system operator and confirmed by the Commission for exceptional circumstances as set forth in the Regulation in exceptional circumstances gas market.
(2) Where a transmission system operator determines the existence of an exceptional situation on the gas market, it is obliged, in common with other transmission system operator, to take immediate measures set out in the Action Plan and to notify this Committee exceptional circumstances. Within 12 hours of notification, the Commission for Emergencies check whether there are conditions on emergencies in the gas market and, where appropriate, an occurrence exceptional situation on the gas market.
(3) If, after verification, the Commission for Emergencies decide that there is an exceptional situation on the gas market, transmission system operators are obliged to immediately resume work under normal conditions.
(4) During emergencies gas market, businesses of natural gas transmission system at the request, shall:
a) to producers to mobilize the entire production capacity of natural gas limit the maximum extraction capacity;
B) if storage operators deposits, mobilize the entire capacity of extracting natural gas;

C) in the case of transmission system operators, to take additional volumes of natural gas made available by manufacturers, operators and storage facilities to ensure gas transmission services under the conditions provided in the Plan;
D) in the case of distribution system operators to take measures to limit and / or interruptions of natural gas supply in accordance with the Plan.
(5) During emergencies gas market, the measures undertaken by transmission system operators and other participants in the gas market, in accordance with the Action Plan are binding and take precedence over contractual provisions and normative acts in the field.
(6) Any safeguard measures shall be applied temporarily so as to cause as little disturbance of the functioning of the gas market, and should be limited to what is necessary to remedy security threats, physical integrity or gas installations natural.
(7) The disappearance of the causes that have led to the exceptional situation on the gas market, transmission system operators are obliged to immediately resume work under normal conditions and immediately notify the Commission about emergency situations. Committee exceptional circumstances, within no more than 12 hours, satisfy themselves cessation exceptional situation on the gas market.
(8) natural gas undertakings are obliged to undertake the measures set out in the Action Plan, subject to the following conditions:
a) not be introduced measures restricting the flow of gas from the national gas market ;
B) not be introduced measures which may seriously jeopardize the gas supply situation in another country of the Energy Community;
C) be maintained border access to infrastructure, the extent technically feasible and safe, in line with the Action Plan.
(9) central specialized body of public administration in the energy field Energy Community Secretariat communicated the measures taken in connection with emergencies occurring gas market in Moldova and present all relevant data and information.
(10) If the crisis can not be managed accordingly by applying measures at national level, the central body of public administration in the energy field communicate this Steering Group President Energy Community security of supply, to convene a group meeting to examine the situation and, where appropriate, to assist Moldova and / or other countries of the Energy Community parties concerned of the national coordination of measures implemented to address the exceptional situation on the gas market.
Article 106. Security of gas supply
certain categories of end users
(1) Transmission system operators announces, in accordance with art. 105 producers, distribution system operators, storage operators and suppliers deposits in connection with the occurrence emergencies gas market.
(2) In case of exceptional circumstances in the gas market, transmission system operators, distribution system operators and operators of storage warehouses will provide priority services gas supply protected customers.
(3) During emergencies gas market, end consumers mentioned in art. 104. (2) i), which has ordered the confinement and / or interruption of gas supply, have the obligation to take the necessary measures to ensure the safety of equipment and their gas and switch to using alternative fuels, as appropriate . Article 107. Monitoring of security of supply


natural gas (1) The Government, through the central body of public administration in the energy field, ensure the monitoring of security of gas supply, aimed in particular:
a) proper implementation of security of supply standards gas under art. 103;
B) the balance between supply and demand in the gas market;

C) the anticipated future demand for natural gas and available sources of coverage;
D) new long-term contracts for import of natural gas from third countries;
E) the level of gas and withdrawal capacity of gas storage facilities;
F) the degree of interconnection of the gas system in the Republic of Moldova with natural gas systems of neighboring countries and with the countries of the Energy Community parties;
G) additional capacity planned or under construction;
H) the quality and level of maintenance of gas networks and security standards in the operation of a natural gas;
I) implementing measures to cover peak demand and shortages in natural gas supply in case of unavailability of one or more suppliers including gas market emergencies.
(2) Annually, up to July 31, the central body of public administration in the energy field shall prepare and publish in the Official Gazette of the Republic of Moldova and on its official website a report on the monitoring results security of gas supply. That report shall be presented Energy Community Secretariat and must contain information on: monitoring results indicated
aspects par. (1), measures taken or planned in connection therewith, the ability of the gas system to meet existing demand and forecast natural gas consumption as well as information on:
a) the competitive impact of the measures taken under art. 105 on all gas market participants;
B) the availability of storage capacities;
C) the duration of contracts to purchase long-term natural gas concluded by gas companies registered in Moldova, particularly the remainder, and the liquidity of the gas market;
D) the regulatory frameworks to provide adequate incentives for new investment.
(3) If necessary in order to achieve the monitoring functions assigned to it under this Article, the central body of public administration in the energy field collaborates with other central bodies of public administration, with other public authorities, including agency, and requires disclosure required by enterprises of gas, ensuring the confidentiality of information which constitutes a trade secret. Regional cooperation

Article 108. (1) In order to safeguard security of gas supply, the competent authorities in Moldova will cooperate with the competent authorities of the countries of the Energy Community parties, thus promoting bilateral and regional cooperation.
(2) Collaboration in para. (1) refers to situations that cause or may cause serious disruption in natural gas supplies both the Republic of Moldova and other countries of the Energy Community parties. Bilateral cooperation and regional concerns in particular:
a) coordination of measures concerning security of gas supply in exceptional circumstances set out in this chapter;
B) identification of interconnections and, where appropriate, their development and modernization, including capabilities for two-way;
C) identification of conditions and practical modalities for mutual assistance.
(3) central specialized body of public administration in the energy field Energy Community Secretariat communicate about collaborative projects initiated under this Article.

Chapter XVISOLUŢIONAREA misunderstandings and disputes.
LIABILITY FOR BREACH OF NATURAL GAS LAW

Article 109. Consideration by the Agency misunderstandings
(1) Disagreements between natural gas undertakings in relation to this Law shall be examined by the Agency. Either party to the complaint, the Agency issue a decision no later than two months from the receipt of that complaint. The Agency is entitled to extend the time limit for motivated more than two months, communicating this to the person who filed the complaint. Subsequently, the Agency is entitled to extend the deadline further examination of the complaint with the consent of the person who filed the complaint.

(2) Agency examines disputes, including border transmission system operator refusing to grant access to the gas transmission networks.
(3) Agency examines disputes between end users, system users and businesses of natural gas arising in connection with this law, and between users and distribution system operator closed, and issue orders if necessary. Agency examines complaints from end users, the users of the system or distribution system users closed no later than 30 working days from filing the complaint. The term examination of the complaint may be extended by 30 days about which the final consumer is informed user system or distribution system user closed.
(4) While considering complaints about billing and in case of failure by the licensee to disconnect procedure, the Agency issues decisions on the prohibition of disconnection from the natural gas networks of natural gas facilities or the reconnection of their final consumer .
(5) Within 3 working days from the date of issue, the Agency resolves decision on the incomprehension for execution Stakeholder pleas relied on this act.
(6) The Agency shall examine and mediate disagreements between system operators and owners of land and other property, public or private property in connection with the application of Art. 74 and 75. The deadline for examining applications submitted for this is 30 days.
Article 110. Consideration of misunderstandings by
Natural gas undertakings
(1) Natural gas undertakings shall examine consumer complaints end users of the system within 30 days of registering the complaint. The term examination of the complaint may be extended by 30 working days, which is actually informed end consumer, the user of the system. During the examination, the final consumer billing complaints prohibits disconnection of their natural gas facilities from natural gas networks.
(2) Complaints related to the contraction of final consumers, disconnecting, reconnecting and billing shall be examined and settled by the supplier. If suppliers that provide natural gas in the context of public service obligations laid down in art. 89 and 90 breach of its obligations set out in this Law and the Regulation on natural gas supply, they are obliged to pay compensation in the targeted end consumers and size limits set out in the Regulation on natural gas supply. The system operator is obliged to cooperate with the supplier by presenting information requested by him and required him to solve the problems addressed in the final consumer complaints.
(3) Consumer complaints about disconnection end shall be examined and settled by the supplier, whether the disconnection of natural gas facilities final consumers was conducted at the request of the supplier or system operator initiative.
(4) Where, in considering the final consumer complaints, supplier notes that the system operator has violated the established term reconnect it prejudiced the final consumer pays compensation calculated in accordance with the Regulation on the quality of transport services and natural gas distribution. The system operator is obliged to return the supplier's expenses incurred in connection with the payment of compensation to the final consumer harm the fault of the system. If the system operator refuses to return the supplier equivalent compensation, the latter is entitled to recover costs by bringing recourse action in court.
(5) The system operator is obliged to examine complaints and remedy system users received about connection, separation, disruption and limiting the supply of natural gas, quality of service provided and to pay compensation calculated system users in accordance with the Regulation on the quality of transmission and distribution of natural gas.

(6) End users, system users are entitled to seek recovery of material and moral damages caused by the supplier, the system operator in accordance with the Civil Code and the Law. 105-XV of 13 March 2003 on consumer protection.
(7) If a final consumer, a user and the supplier or system operator sent a complaint to be heard and resolved by the other licensee, supplier or system operator, as appropriate, be required to submit the complaint other licensee (operator system or supplier) no later than 5 working days from the date of registration of the complaint and inform about this the ultimate consumer, the user of the system.
(8) natural gas undertakings are obliged to submit all due diligence to settle out of court any disputes that may arise in relation to end-users, system users and implement an effective, non-discriminatory refund expenses or payment of compensation to final customers, system users for non-compliance of natural gas undertakings obligations.
(9) natural gas undertakings are obliged to have service centers to end consumers, system users to work under the work program of at least 5 days per week to 8 hours each day. Personnel responsible for examining consumer complaints end users system must have real right to take decisions on behalf of the company's natural gas to solve the problems addressed, and meetings with business representatives gas to be determined including telephone or by email. Natural gas undertakings shall maintain records of complaints received and, upon request, provide the Agency with information on the date of filing the complaint, the name of the person who filed the complaint, the essence of the problem raised in the complaint, the actions taken to address issues raised in the complaint, the decision natural gas company.

Article 111. Settlement of disputes (1) Disputes between the gas market participants shall be settled in court.
(2) In case of disagreement with the company's natural gas response times if not received within the time prescribed in the Law on Petitions, in response to the petition gas company, the final consumer, the system user is entitled to appeal to the competent court to resolve the dispute in the manner and terms set out in the Act.
(3) If the end user, system user does not agree with the Agency's response to the petition filed, it has the right to challenge the reply to the court in accordance with law on petition. The Agency's decision of solving problems raised in the petition can be challenged within the periods prescribed by the Law no. 793-XIV of 10 February 2000. Article 112. Liability for violation


gas legislation (1) Natural gas undertakings shall be liable for failure or improper fulfillment of duties and obligations established in this Law, the Law on Energy and the regulatory legal acts issued by the Agency.
(2) If the Agency finds infringement by natural gas undertakings of the provisions of this Law, the Law on Energy and the regulatory legal acts issued by the Agency, it is entitled to initiate proceedings contravention conditions and deadlines set in the contravention Code.
(3) In cases expressly provided for in art. 113 of this Act the Agency is entitled to apply to license holders, holders of permits and other legal entities financial sanctions, the procedure established in the Law on Energy.
Article 113. Penalties for violations

natural gas (1) The Agency is entitled to apply the judgment, penalties in the amount of 1% to 5% of the annual turnover of the license holders, the holders of authorizations for breach of obligations, evidenced by :

A) repeated refusal of the license holder to submit information and reports requested by the Agency;
B) repeated refusal of the license holder to publish on its electronics, the Agency's request, information and reports relating to its business;
C) the failure of the licensee obligations prescribed by the Agency, which led to the consequences set out in Art. 16 para. (3);
D) the licensee's refusal to allow checks and inspections ordered by the Agency or Agency to conduct their obstruction;
E) the impairment of the system operator, the supplier of at least 50 end users to exercise the right to change the supplier;
F) preventing the distribution system operator closed system users to exercise its right to change supplier;
G) repeated refusal of the system operator to issue notice of connection to the natural gas natural gas plant of an applicant;
H) provider's repeated refusal to conclude the contract for supply of natural gas in the context of public service obligations laid down in art. 89 and 90;
I) the licensee's repeated refusal to execute judgments and decisions of the Agency.
(2) violations provided in par. (1) repeatedly committed is punishable by a fine of 5% of the annual turnover of the licensee.
(3) The Agency is entitled to apply the judgment, penalties in the amount of 5% to 10% of the annual turnover of the license holders, other legal entities for:
a) failure to comply with obligations achieving separation of legal and / or accounting activities regulated natural gas;
B) failure of the transmission system operator to commitments ensuring its independence in relation to the undertaking of the vertically integrated natural gas;
C) failure of the transmission system operator to the Agency decisions adopted in accordance with art. 37 para. (7);
D) failure by the distribution system operator to commitments ensuring its independence in relation to the undertaking of the vertically integrated natural gas;
E) failure by the transmission system operator, the distribution system operator Agency decisions approved in accordance with art. 34 and 45;
F) carrying out an activity in the gas sector without a license or without a license in this regard.
(4) violations provided in par. (3) repeatedly committed is punishable by a fine of 10% of the annual turnover of the licensee to another legal entity.
TRANSITIONAL AND FINAL Chapter XVIIDISPOZIŢII

Article 114.

Final and Transitional Provisions (1) This Act transposes art. 1-42, Art. 44-48 and the provisions of Annex I of Directive 2009/73 / EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55 / ​​EC (published in Journal Journal of the European Union L 211 of 14 august 2009); art. 1-3 art. 13-22, art. 24, 26, and the provisions of Annex I of Regulation (EC) No. 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No. 1775/2005 (published in the Official Journal of the European Union L 211 of 14 August 2009, Directive 2004/67 / EC of 26 April 2004 concerning measures to safeguard security of natural gas supply (published in the Official Journal of the European Union L 127 29 April 2004).
(2) Upon entry into force of this law, declaring open gas market and each final consumer in Moldova has the right to choose their supplier and change supplier. || | (3) within one month from the date of entry into force of this law, the Agency shall, in accordance with art. 11, the public service obligations laid down in art. 89 and 90, specifying areas of activity relevant suppliers .

(4) Notwithstanding art. 89 para. (1) non-household customers who can not choose their supplier and sign contracts to supply natural gas price negotiable have the right to require the signing of contracts for the supply of natural gas under regulated terms with vendors that deliver natural gas to certain categories of end users in the context of a public service obligation laid down in art. 89. Within 4 months from the declaration by the central body of public administration in the energy field, based on the Agency's opinion, the existence of the gas market of the prerequisites for the purchase of natural gas to industrial consumers at negotiated prices, the Government will adopt a decision to withdraw the right of non-household consumers to purchase natural gas under regulated terms from suppliers supplying natural gas to certain categories of end users in the context of a public service obligation laid down in art.
89. (5) No later than three years after the entry into force of the Regulation on natural gas supply, suppliers will conclude new contracts for the supply of natural gas.
(6) Implementation of this law on the separation of transmission system operators shall be made in the period up to 1 January 2020, applying one of the models set out in art. 23 para. (2). Transmission system operators shall provide the Agency for approval in advance before January 1, 2019 implementation plan one of the models of separation and related documents. Agency is required to approve the implementation plan for one of the models separation within 6 months from the submission by the TSOs to all necessary documents.
(7) No later than two months from the obligation on the application of one of the models under paragraph separation. (6) transmission system operators shall submit the Agency's request and the documents required for certification.
(8) Depending on the separation applied within at most two months of the adoption by the Agency makes a decision on certification, transmission system operators shall provide the Agency for approval application and compliance officer compliance program, compliance with the requirements established in this law.
(9) Within 4 months of the entry into force of this Law, transmission system operators shall provide the Agency for approval compliance program according to art. 24 para. (1) d).
(10) Within 6 months of receiving notification from the Agency regarding the succession of the Energy Community Code gas networks of the European Union, transmission system operators are obliged to develop and submit to the Agency Code for approval natural gas networks in accordance with the requirements of this law. After the entry into force of the Code gas networks approved by the Agency in accordance with art. 67 Regulation on natural gas networks will be repealed and the situations in which this law refers to regulation on natural gas networks, it will substitute Code gas networks.
(11) Operators of distribution systems serving a total of more than 100 000 end customers whose facilities are connected to the natural gas networks of the natural gas distribution system operators concerned are obliged, within two months the entry into force of this law, complete functional separation, legal and accounting in accordance with the principles established in this law. The obligation on functional separation, legal and accounting is required and distribution system operators who are part of an undertaking vertically integrated gas and serving together a larger number 100 000 end users.
(12) General Meeting of shareholders, founders gas companies the right to decide that it is not necessary to evaluate the company's assets in relation to unbundling pursuant to para. (6) and (11). The difference resulting from the valuation of assets will not be taken into account when applying the rate of return in the context of determining and approving prices and tariffs.

(13) within one month of their completion in para. (11) of this Article, distribution system operators are obliged to submit to the Agency for approval compliance program and draft compliance officer, compliance with the requirements of Article. 45 of this Law. Failure concerned penalized distribution system operators according to the Code of Administrative Offences.
(14) Until legal separation of distribution system operators for the supply of natural gas per paragraph. (11), distribution system operators can be simultaneously suppliers of natural gas to operate under business licenses issued by the Agency provisional legal separation before the performance in accordance with this law.
(15) To adjust to this law the conditions laid down in the licenses issued during the first year after the entry into force of this Act, the Agency is entitled to review, upon request or on its own conditions to the licenses issued entry into force of this law. Suppliers are obliged to apply for new licenses for natural gas supply in accordance with this law, within 3 months of the entry into force of this law.
(16) The provisions of art. 13 para. (6) - (10) also applies to services or outsourced work from licensees before the entry into force of this law.
(17) persons which own the natural gas distribution system is closed within the meaning of art. 64 are required to obtain authorization from the Agency for distribution system closed within 3 months of the entry into force of this law.
(18) The prerequisites for finding gas market, the Agency will transition to regulated tariffs, input and output for the transportation of natural gas with the principles laid down in art. 99 para. (5).
(19) After carrying out an assessment of competition in the gas market, including by applying the indicators of market concentration rules established in natural gas, the prerequisites for finding the Agency establishes deadlines for phasing out regulated prices for end consumers.
(20) The Agency shall, within 24 months after the entry into force of this law will bring its normative regulatory compliance with this law, will also develop, publish and implement normative acts new regulatory stipulated by this law. The methodologies for calculating the regulated prices and tariffs in force at the time of entry into force of this law will be reviewed by the Agency.
(21) Prior to approval connection tariff, payment for connection to the gas network will be calculated based on the estimate of expenses for installing the connection installation.
(22) acts, including regulatory legal acts issued by the Agency before the entry into force of this law will be applied to the extent they do not contravene its provisions. Until the approval by the Agency of the Regulation on the connection and the Regulation on natural gas supply, the legal relationships between system operators and suppliers, and between the respective license holders and end users will be governed by the Rules for the provision and use of natural gas force at the time of publication of this law.
(23) The Government, within 6 months:
a) approve and Energy Community Secretariat will present the first monitoring report on security of gas supply;
B) approve the Energy Community Secretariat and submit the first report on the fulfillment by natural gas undertakings public service obligations;
C) submit to Parliament proposals on bringing existing legislation into conformity with this law;
D) bring its legislation in conformity with this law.
(24) Upon entry into force of this law, the Law no. 123-XVIII of 23 December 2009 on natural gas (Official Gazette of the Republic of Moldova, 2010, no. 23-24, art. 31), as amended and supplemented.