State of compliance
With the adoption of the new Law on Energy in September 2017, Moldova transposed the requirements of the Third Energy Package as regards the institutional set-up of the National Agency for Energy Regulation (ANRE). This reform was the result of a long consultation process between the Moldovan authorities and the Secretariat. Today, the national legislation on the organisation and independence of ANRE is in line with the Energy Community acquis communautaire except for a few elements, namely a rotation scheme is in place but does not require a sufficiently long lead time between expiries of directors’ terms to guarantee continuous operation of the Agency. The appointment of four Board members in January 2019 strengthened the already lacking legal rotation scheme by introducing a start of the Board embers’ term in office almost at the same day. ANRE is headed by four board members out of whom the Parliament designates one as director; the legally foreseen fifth Board member position is vacant which, however, does not impact the decision making quorum. The term of board members is limited to six years, renewable once. ANRE is held accountable for its activities by being obliged to present its annual report to the Parliament.
ANRE improved its regulatory profile by making continuous progress in developing secondary legislation. The increasing commitment to use all legal competences and autonomy is encouraging. This includes the step-wise implementation of elements for improving the organisational set-up of the agency that have been defined in a joint action plan of the Secretariat and ANRE in 2016. The appointment of four Board members in January 2019, however, entailed a rotation scheme not compatible with the acquis. A recent proposal to allow the Parliament to object to the regulator’s annual report is of concern. ANRE and the Secretariat cooperate intensively on the sensitive certification procedure for Moldovatransgaz. On regional level, ANRE maintains high profile involvement in ECRB, including leadership of a working group.