Lawyer Moldova

(ratified by the Republic of Moldova by Law no. 890 - XV of28.02.2002) (came into force for the Republic of Moldova on 28.06.02)

The States parties to this Agreement, in the person of their Governments, hereinafter referred to as "Parties";
Based on the norms of international and national legislation of the Parties;
Noting that illegal migration, posing a treat to social and national security, economic stability, contributes to worsening of the criminogenic situation on the territories of the Parties;
Considering it a priority to secure their citizens' rights and legitimate interests;
Considering the co-operation in combating illegal migration an important direction in regulating migration processes on the territories of the Parties and with the purpose of taking joint measures to prevent illegal migration;
Striving to ensure a legal basis for co-operation of the Parties in the struggle with illegal migration;
Have agreed as follows:

Article 1

The terms used in this Agreement shall have the following meanings:
"illegal migrants" - citizens of third countries and stateless persons who have violated the rules of entry, exit, stay or transit through the territories of the Parties, as well as citizens of the Parties who have violated the rules of stay on the territory of one of the Parties, established by its national legislation;
"third countries" - states that are not parties to this agreement;
"country of exit" - the country of the illegal migrant's nationality (with regard to stateless persons, it is the country of his/her habitual residence) or the country from the territory of which the illegal migrant has arrived;
"country of entry" - country in the territory of which the illegal migrant has arrived.

Article 2

This Agreement shall not be applied to the persons who arrived in the territory of one of the Parties with the purpose of acquiring asylum or refugee status, if their applications for refugee status have been submitted to the respective bodies of the country of entry in line with the procedure provided by its legislation.

Article 3

Entry of citizens of third countries, stateless persons and citizens of the Parties to the territory of one of the Parties is possible only on condition of their fulfilment of requirements of its national legislation on the rules of entry, exit, stay or transit, as well as on the international treaties to which it is a party.
Persons who have been recognised refugees or received asylum on the territory of one of the Parties enter the territory of other Parties in accordance with paragraph one of this article.

Article 4

The Parties shall ensure interaction in the field of combating illegal migration in the following basic direction: Migration control;
Record of citizens of third countries, stateless persons and citizens of the Parties who cross illegally borders of the states, who stay illegally on the territories of the Parties, as well as the ones who are prohibited to enter the territory of one of the Parties;
Elaboration of a mechanism of the deportation of illegal migrants;
Harmonisation of the national legislation of the Parties in the field of responsibility for illegal migrants and for all categories of persons contributing to illegal migration;
Exchange of information about illegal migration;
Training and improvement of qualification of officials of the Parties' respective bodies who deal with the issues of combating illegal migration.

Article 5

The illegal migrants discovered on the territory of one of the Parties shall be subject to deportation to the country of entry, in accordance with the legislation of the country of entry, unless otherwise is stipulated in the international treaties.
In case if illegal migrants have arrived in the territory of one Party from the territory of another Party, then, if the respective proofs are presented, they shall be handed over to the latter. In this case, the handing over of illegal migrants shall be carried out in accordance with the separate agreements of the Parties in this field.

Article 6

The Parties shall exchange information regarding:
The national legislation in the field of migration, as well as its modifications;
Specimen of the identity documents and the ones that entitle to cross state border, change of forms and requirements on the documents to enter, stay and exit from the territories of the Parties;
Discovery of channels of illegal migration, including acquisition of entry visas, other documents and their use, as well as other issues of application of this Agreement;
All the agreements on entry/exit and migration with third countries.

Article 7

After signing this Agreement, the Parties shall elaborate within a six-month term a Regulation regarding a common database of illegal migrants and persons, whose entry in the states parties to this Agreement is prohibited in accordance with the national legislation in force of the Parties, and shall also establish procedure of exchange of information about illegal migration in accordance with Articles 4 and 6 of this Agreement.

Article 8

All the issues connected with the implementation and interpretation of this Agreement shall be settled by way of consultation and negotiations of the concerned Parties.
Upon mutual agreement of the Parties, this Agreement can be supplemented with modifications and additions, which shall be drawn up in the form of protocols and shall constitute the integral part of this Agreement.

Article 9

This Agreement is subject to ratification in accordance with the national legislations of the Parties and shall enter into force on the day of receipt by the depositary of the third instrument of ratification.
For the Parties that ratify it later, it shall enter into force on the day of receipt by the depositary of its instruments of ratification.

Article 10

Provisions of this Agreement shall not affect the obligations assumed by the Parties in accordance with other international agreements.

Article 11

Each Party, no later than one month following the day of entry into force of this Agreement, shall establish the list of authorised bodies for its implementation, and shall notify the depositary thereof.

Article 12

This Agreement is open for accession by the member-states of the Commonwealth of Independent States that share its provisions, with consent of all the Parties, by means of deposition of the accession documents. The accession shall be considered valid upon the receipt of the last notification about the accord to the accession by the depositary.

Article 13

This Agreement shall be in force for five years as of the day of its entry into force, and thereafter shall be automatically extended for consecutive periods of 5 years. Each Party can pull out from this Agreement, by sending a written notification thereof to the depositary no later than 6 months before pulling out. Done at Moscow on 6 March 1998 in one original copy in Russian. The original copy is kept with at the Executive Secretariat of the Commonwealth of Independent States that shall send an authenticated copy thereof to each Party to this Agreement.

Chapter I
GENERAL PROVISIONS

Article 1. Object of the Present Law
The present law regulates the organization and functioning of the single system of the official statistics, establishing the general principles for the collection, processing, generalization, dissemination, storage of the statistical information with economic, social, demographical, financial, legal and other character, used for the development of economic and social policies, strategies, decisions by the public authorities, economic entities, development of scientific surveys, informing the public opinion, transmission of statistical data to international bodies and other categories of internal and external users.

Article 2. Subjects of the Present Law
The subjects of the present law are as follows:
a)    physical persons, regardless of their citizenship, who are on the territory of the Republic of Moldova and/or their associations;
b)    Moldovan citizens (physical persons) who are outside the territory of the Republic of Moldova and/or their associations;
c)    legal persons of the Republic of Moldova, their branches, representative offices and subdivisions, foreign legal persons that operate on the territory of the Republic of Moldova.

Article 3. Main Notions
In this law the following main notions mean:
Official statistics - the activity of official statistical bodies consisting of individual data collection and processing, statistical information generalization, storage, and dissemination, carried out by applying the statistical methodology;
Dissemination - spreading of the statistical information, regardless of its form and applied methods;
Program of statistical works - program of the statistical surveys and publications regarding the fulfillment of the annual statistical works, type of surveys and developments, periodicity and deadlines of submission to the users;
Statistical methodology - scientific rules and methods of conducting the statistical surveys;
Individual data - data on physical or legal person;
Statistical information - information with social, economic, demographic character about the environment, obtained on the basis of statistical surveys and/or administrative data;
Statistical goal - use of statistical information for numerical, verbal or graphical description of the mass phenomena and processes that occur in the society, national economy and environment;
Statistical research - statistical data collection, processing, generalization and dissemination;
Administrative data - data obtained by the central and/or local public authorities, except the official statistical bodies, in order to exercise their administrative duties;
Respondent - physical or legal person that drafts and submits individual data to the central statistical body or other official statistical bodies;
User - physical or legal person that uses the centralized statistical information, except for the confidential data;
Classifications - division of a set of objects in subsets according to certain similarities or differences in conformity with the approved methods;
Classifier - official document that represents a systematized compilation of names and codes of the classification groups and/or classified objects;
Nomenclator - a list, brochure, book that contains the nomenclature of a certain scientific, technical or other field, classified by a certain criterion.    .

Article 4. Main Tasks of the Official Statistics
The official statistics has the following main tasks:
a)    currently collect, process, systematize, generalize, analyze, estimate and spread the statistical information;
b)    develop statistical methodologies, adjusted to the international standards;
c)    conduct statistical surveys;
d)    present explanations regarding the statistical information to avoid
misinterpretation;
e)    assure compliance with the main principles of the official statistics;
f)    organize the research and development activity in statistics;
g)    collaborate with international organizations in the statistical field.

Article 5. Main principles of the Official Statistics
The production of statistical information is based on the principles of impartiality, statistical deontology, relevance, transparency, confidentiality, cost-efficiency, national level coordination, international collaboration that mean in this law the following:
a)    impartiality - a right of the official statistical bodies to conduct all the activities necessary to produce statistical information and namely, select statistical methods and methodologies, systems of indicators, classifications, nomenclators, recording and processing techniques, sources of data, contents, forms and deadlines for statistical information spreading and disseminate the statistical information impartially and independently, without any pressure from local and central public authorities, political parties, trade unions, employers' organizations and other legal persons, as well as from physical persons;
b)    statistical deontology - obligation of the official statistical bodies to select on the scientific basis the sources, methods and procedures of statistical surveys conducting and publish, in an accessible form, the sources of data, area of coverage and computing methodologies;
c)    relevance - the task of official statistical bodies to ensure the production of statistical data and information in accordance with areas, deadlines and detailing level of statistical data, depending on the demographic, economic, social and environmental phenomena;
d)    transparency - obligation of the official statistical bodies to respect and provide respondents and users with the right of access to information related to the legal basis and goal of the statistical surveys, methodologies, techniques and methods used during the production of statistical information, measures of information protection, methods and deadlines of statistical information dissemination;
e)    statistical confidentiality - protection of individual data on physical and legal persons;
f)    cost/efficiency ratio - limit, imposed by official statistical bodies, on the volume of statistical data collected from respondents to justify the goal of statistical survey and assure an optimal use of the available human and financial resources;
g)    national level coordination - assure a higher efficiency of the statistics,
diminish the informational pressure on respondents, statistical units, assure data
comparability;
h)    international collaboration - use in the national statistics the international
concepts, classifications and methods to assure an efficient functioning of the national
statistical system.

Article 6. Legal framework
(1)    The legislation on official statistics includes the present law, other regulatory acts and the international treaties joined by the Republic of Moldova.
(2)    If the international treaty to which the Republic of Moldova is party stipulates other norms than the ones stipulated in the national legislation on statistics, then the norms of the international treaty shall be applied.

Chapter II
ORGANIZATION OF THE OFFICIAL STATISTICS

Article 7. Official Statistical Bodies
(1)    The official statistical bodies are the following: central statistical body and its territorial subdivisions, statistical departments of the central and local public authorities and of the National Bank of Moldova (hereafter referred to as official statistical bodies).
(2)    The statistical information is produced in accordance with the stipulations of the present law.

Article 8. Central statistical body
(1)    The central statistical body is an administrative authority created under the Government to manage and coordinate the statistical activity.
(2)    The central statistical body operates on the basis of the regulations approved by the Government.
(3)    The central statistical body, together with the central public authorities, decides on the unified methodology used to produce statistical information, in compliance with the international practice.
(4)    The territorial statistical subdivisions are subordinate to the central statistical body and their structure is approved by the general director of the central statistical body.
(5)    The central statistical body is managed by a general director, appointed and dismissed by the Government, and is assisted by the deputy general directors, also appointed and dismissed by the Government.
(6)    The general director must have at least 5-year experience and the deputy general directors must have at least 3-year experience in the statistical or economic/financial field and they must meet other conditions stipulated in the legislation.

Article 9. Rights and Obligations of the Official Statistical Bodies
(1)    The official statistical bodies have the right to:
a)    obtain and collect for statistical purposes statistical and administrative data, including explanations, from all persons that are subjects of the present law;
b)    check the authenticity of the statistical data and, if needed, check them at the work place, production places, on the land plots of legal persons, their branches, representative offices, and subdivisions, of physical persons that carry out entrepreneurial activity, in accordance with the legislation in force;
c)    when certain inaccuracies are identified, advise the persons who submitted these data how to correct these inaccuracies.
(2)    The official statistical bodies must:
a)    spread the statistical information to users according to the volume, mode and deadlines established in the program of statistical works;
b)    provide all users with access to non-confidential statistical information on equal terms regarding the spreading volumes and deadlines;
c)    comply with the main principles of the official statistics;
d)    protect the obtained individual data;
e)    provide the respondents who participate in the statistical survey with the necessary statistical instruments;
f)    inform respondents about the goal of the statistical survey, the legal grounds, their rights and obligations;
g)    provide, at the request of physical and legal persons, information about the data from statistical records, that refer to them personally.

Article 10. Rights and Obligations of the Central Statistical Body
(1) In addition to the rights stipulated in art. 9 thereof, the central statistical body has the right to:
a)    issue, within the limits of its competence, normative acts related to the production of statistical information, compulsory for all persons that are subjects of the present law;
b)    establish single standards and rules aimed at assuring the confidentiality of statistical information;
c)    submit to the public authorities that hold administrative data proposals on additional accumulation and manner of data submission, in order to use them subsequently for the production of statistical information;
d)    examine the cases of administrative offences, apply administrative sanctions, according to the legislation, when the stipulations of the present law are broken;
e)    involve the central and local public authorities, other legal persons, as well as physical persons, in the issues related to the statistical methodology;
f)    reward respondents for the participation in the statistical surveys;
g)    fulfill, on contractual basis, statistical surveys that are not planned in the
program of statistical works, other works and services;
h)    collaborate and conclude, in compliance with the legislation of the Republic of
Moldova, agreements of collaboration with similar bodies from other countries and
international statistical organizations;
i)    develop and approve, independently or jointly with relevant bodies, in
accordance with the legislation, national statistical standards, classifications and
regulations on their implementation;
j) publish and spread the developed classifiers and nomenclators; k) employ statistical agents to collect statistical data.
(2)    In addition to the obligations stipulated in art. 9, the central statistical body
must:
a)    develop the statistical methodology in accordance with the international and regional standards and approve it;
b)    offer methodological assistance to other official statistical bodies;
c)    submit statistical information to the international organizations joined by the Republic of Moldova.
(3)    The statistical agents, involved in the fulfillment of censuses and other
statistical surveys, enjoy the protection of the present law.

Article 11. Interaction of the official statistical bodies
(1) To avoid duplicity and assure a uniform use of statistical definitions, classifications and methodologies, the production of statistical information by central and local public authorities shall be carried out through the coordination with the central statistical body. To this end, the central statistical body shall:
a) jointly work with other official statistical bodies on the development of statistical works program;
b)    provide other official statistical bodies with the necessary methodological assistance;
c)    coordinate the spreading of statistical information, carried out by other official statistical bodies, including towards international organizations.
(2) Other official statistical bodies shall submit free of charge, at the request of the central statistical body, the available statistical information to be introduced in the data series or statistical publications.

Article 12. Council for Statistics
(1)    To develop and promote the official statistics, assure an objective, transparent, and scientific character of the methodologies, indicators and classifications used in the statistical activity, a Council for Statistics shall be set up under the Government, which is a consultative body in the statistical field.
(2)    The Council for Statistics shall carry out its activity on the basis of the regulations approved by the Government.
(3)    The Council for Statistics shall examine the draft programs of statistical works and national statistical standards.
(4)    The decision of the Council for Statistics is consultative.
(5)    The Council for Statistics has the following structure:
a)    three representatives of the central statistical body;
b)    one representative of the Moldovan Academy of Science;
c)    one representative of the National Bank of Moldova;
d)    five representatives of the specialized bodies of the central public authorities;
e)    one representative of the specialized higher education;
f)    one representative of the trade unions;
g)    one representative of mass-media;
h)    one representative of the employers' organizations;
i)    one representative of the business sector.
(6)    The members of the Council for Statistics shall be appointed through a Government Order, at the proposal of the respective institution.
(7)    The chairperson of the Council for Statistics shall be appointed through a Government Order.

Article 13. Programs of Statistical Works
(1)    The statistical information is produced by the official statistical bodies, except for the National Bank of Moldova, in accordance with the multi-annual and annual programs on statistical works, approved by the Government.
(2)    The multi-annual program on statistical works establishes the main objectives and development directions of the official statistics for a 3-5 year period.
(3)    The annual program on statistical works contains the measures aimed at assuring the activity of official statistical bodies as stipulated in the multi-annual program on statistical works and establishes the bodies responsible for the production of statistical information.
(4)    The works carried out by the official statistical bodies in accordance with the program on statistical works are financed by the state budget.

Article 14. Financing of the central statistical body and its territorial subdivisions
(1)    The central statistical body and its territorial subdivisions are financed from the state budget and from special means, in accordance with the legislation in force.
(2)    The statistical works, conducted by the central statistical body and its territorial subdivisions, that are not specified in the program on statistical works shall be carried out on contractual basis and shall be paid by the beneficiaries.

Chapter III
CLASSIFICATIONS, CLASSIFIERS, NOMENCLATORS AND STATISTICAL REGISTERS

Article 15. Classification System
(1)    The central statistical body develops and implements the system of main classifications and functional classifications, used for statistical purposes, adjusted to the international standards.
(2)    The classifiers and nomenclators are developed by the central statistical body, in collaboration with the interested central public authorities, and are approved by the national standardization body, at the proposal of the central statistical body.
(3)    The classifications, classifiers and nomenclators developed by the central statistical body and approved by the national standardization body are used in all economic and social fields and are compulsory for all central and local public authorities, other legal persons as well as physical persons, in accordance with the legal and regulatory norms in force.
(4) The central statistical body has the exclusive right to publish and spread the classifiers and nomenclators.

Article 16. Statistical Registers
(1)    The central statistical body creates and manages the statistical registers:
a)    to develop a database for the statistical surveys;
b)    as a means of information while effecting the statistical analysis on the totality
and demography of statistical units;
c)    as an instrument of statistical information spreading.
(2)    The central and local public authorities, other legal persons that manage
databases on physical and legal persons shall submit free of charge, at the request of the
central statistical body, the available statistical information to create and update the
statistical registers.

Chapter IV
STATISTICAL SURVEYS

Article 17. Types of Statistical Surveys
(1)    The statistical surveys may be exhaustive and selective.
(2)    The population censuses are carried out every 10 years on the basis of a separate law.
(3)    The general agricultural censuses and other censuses are carried out on the basis of a Government order.

Article 18. Obligations of Respondents
(1) When conducting the surveys, according to the program of statistical works, the respondents shall:
a)    submit free of charge to official statistical bodies veridical and thorough data, as required by the central statistical body;
b)    provide the representatives of the official statistical bodies with free access to the confirmation documents, and if needed, to the work and production places, premises, land plots, according to the legislation in force.
(2) The physical persons cannot be obliged to provide personal information about the ideological beliefs, political membership, criminal record, health and intimate life.

Article 19. Sources of Data Collection
(1)    The official statistical bodies are empowered to solicit and collect free of charge the data needed for statistical information production from such sources as: respondents' answers, administrative data held by central and local public authorities, other legal persons.
(2)    The central and local public authorities and other legal persons that hold administrative data shall submit the requested primary and generalized information free of charge to the official statistical bodies.

Article 20. Administrative Data
The public authorities that collect administrative data in order to exercise their duties or manage such databases shall coordinate their content and volume with the central statistical body.

Article 21. Dissemination of Statistical Information Access to this Information
(1)    The official statistical bodies assure the dissemination of statistical information specified in the program of statistical works, so as to provide all users with equal and simultaneous access.
(2)    The statistical information shall be submitted to the President's Office, Parliament, Government, central and local public authorities, National Bank of Moldova, Moldovan Academy of Science, Chamber of Trade and Industry, mass-media means, and trade unions within the established volume and deadlines, in accordance with the program on statistical works.
(3)    Other user categories except the ones stipulated in paragraph (2) have access to statistical information against a fee.
(4)    The official statistical bodies assure the spreading of the statistical information according to the program of statistical works, respecting the information confidentiality and protection.
(5)    When the statistical information is used in mass-media, other information systems, scientific papers, the users shall indicate the source.

Chapter V
CONFIDENTIALITY OF THE STATISTICAL INFORMATION

Article 22. Confidential Statistical Information
(1)    The information collected, processed and stored for the production of
statistical information is confidential if it allows direct or indirect identification of either
physical or legal persons and reveals individual data.
(2)    The following information is not confidential:
a)    information that may be obtained from sources accessible to the public, according to the legislation;
b)    individual information about the address, telephone, name, type of activity, staff number of the legal and physical persons that carry out entrepreneurial activities;
c)    information about state owned enterprises, submitted at the request of the relevant central and local public authorities;
d)    information about the central and local public authorities, public health facilities, other public institutions, generalized at the unit level.

Article 23. Use of Confidential Statistical Information
(1)    The confidential statistical information is used exclusively for the production of official statistical information or in scientific purposes, in accordance with the present law.
(2)    The confidential information cannot be conveyed to other physical or legal persons, except for other official statistical bodies, in order to produce statistical information.
(3)    When official statistical bodies exchange information, they must take all measures to assure its confidentiality.
(4)    The individual statistical data cannot serve as evidence in courts of law.

Article 24. Access to Confidential Statistical Information
(1) Access to confidential information is granted to people who, according to their job duties, participate in the production of statistical information, to the extent to which the confidential information is needed for the production of the aforementioned information.
(2)    The access to confidential information that does not lead to direct
identification may be granted through the decision of the general director of the central
statistical body for research projects, strategies and programs of national importance,
whose expected outcomes cannot be referred to identifiable individual units.
(3)    Access to confidential information for scientific purposes is granted to people who, according to their job duties, are directly involved in the research projects, to the extent to which the confidential information is needed for these projects, provided that there is not any obvious risk of breaking the individual data protection regime and interfering in people's private life.
(4)    Access is granted only under the condition that the measures of information protection, stipulated in article 26, are taken.

Article 25. Information Dissemination
(1)    The statistical information shall not be spread to users if it contains
confidential information. In this case, the generalized information shall contain data
about at least 3 units, and the share of one unit shall be at most 85% of the generalized
information.
(2)    It is allowed to spread the information collected from legal or physical persons
that carry out entrepreneurial activity regarding the economic or environmental
situation, even if the information does not meet the requirements stipulated in
paragraph(1), if it is necessary to inform the society about major problems, and the
program on statistical works provides for its dissemination.

Article 26. Measures of Protection
(1)    The official statistical bodies shall take all the necessary regulatory,
administrative, technical, and organizational measures to protect the confidential
statistical information and prevent its disclosure.
(2)    The staff of official statistical bodies, reviewers, interviewers and other people that, according to their job duties, have direct access to individual data, must keep the data confidentiality, including after leaving their positions.
(3)    The people involved in statistical surveys shall neither use the obtained information for other purposes nor reveal it in any form.

Chapter VI
LIABILITY

Article 27. Liability for Breaking the Present Law
The persons that break the present law bear liability in conformity with the legislation.

Chapter VII
FINAL AND TRANSITORY PROVISIONS

Article 28
(1)    When the present law enters into force, Law No. 412-XII dated 18 December 1990 on statistics, with its subsequent amendments, shall be annulled.
(2)    Within 6 months the Government shall:
a)    submit to the Parliament proposals on adjusting the legislation to the presentlaw;
b)    adjust its normative acts to the present law.

CHAIRPERSON OF THE PARLIAMENT
EUGENIA OSTAPCIUC

Chisinau, 9 December 2004. Nr.412-XV.

Being governed by principles of the Constitution of the Republic of Moldova;
showing willingness and aspiration to keep good relations among peoples that has been developed for centuries;
with a view to satisfy national needs and to preserve national identity of Gagauzians, their fullest and all-round development, prosperity of language and national culture, and to ensure political and economic independence;
taking into account, that the initial bearer of status of Gagauzia (Gagauz-Yeri) -a place where Gagauzians live) are small Gagauzian people which live compactly on the territory of the Republic of Moldova;
considering priority of human rights, understanding the necessity to combine universal and national interests;
reiterating equal rights of all citizens who live in the autonomous territorial entity, regardless of nationality and other attributes,

The Parliament passes the present law.

Article 1
(1)    Gagauzia (Gagauz-Yeri) is an autonomous territorial entity with a special status that as a form of self-determination of Gagauzians, is an integrant part of the Republic of Moldova.
(2)    Gagauzia solves independently, in interests of its entire population, issues on political, economic and cultural development within the limits of its competence.
(3)    In the territory of Gagauzia all rights and freedoms stipulated by the Constitution and legislation of the Republic of Moldova are guaranteed.
(4)    In case of change of the status of the Republic of Moldova as an independent state people of Gagauzia have the right of external self-determination.

Article 2
Gagauzia is governed on the basis of the Constitution of the Republic of Moldova, the present law and other laws of the Republic of Moldova (with exceptions provided by the present law), Regulations of Gagauzia and normative acts of the People's Assembly (Hale Toplushu) of Gagauzia, which comply with the Constitution and legislation of the Republic of Moldova.

Article 3
(1) The official languages in Gagauzia are Moldovan, Gagauzian and Russian languages. In the territory of Gagauzia functioning of other languages alongside with official languages is guaranteed.
(2) Correspondence with public administration authorities of the Republic of Moldova, enterprises, organizations and institutions located outside Gagauzia, shall be done in the Moldavian and Russian languages.

Article 4
Gagauzia shall have its own symbols, which shall be applied alongside with the state symbols of the Republic of Moldova.

Article 5
(1)    Gagauzia is composed of localities where Gagauzians make more than 50 percent of the population.
(2)    The localities where Gagauzians make less than 50 percent of population can be included in composition of Gagauzia on the basis of free will ofcthe majority of voters expressed through a local referendum, held under the initiative of at least one third of voters in the corresponding locality.
(3)    Inclusion of localities in composition of Gagauzia as provided in para. (1) and (2) of this Article, shall be made on the basis of results of local referendum held in each locality by the Government of the Republic of Moldova.
(4)    Localities included in Gagauzia reserve the right to secede from Gagauzia through a local referendum held on the initiative of at least one third of voters, but not earlier than one year from the moment of entering in composition of Gagauzia.

Article 6
Land and its subsoil, waters, flora and fauna, and other natural resources, movable and immovable assets on the territory of Gagauzia shall be the property of people of the Republic of Moldova and, at the same time, the economic basis of Gagauzia.

Article 7
The representative authority of Gagauzia is the People's Assembly vested with right to pass normative acts and regulations within the limits of its competence.

Article 8
(1)    The People's Assembly of Gagauzia shall be elected in territorial constituencies through the general, equal, direct, secret and free voting for four-year term of office.
(2)    The number of Members of People's Assembly shall be determined as follows: one deputy from five thousand voters, with a condition that each locality has at least one deputy.
(3)    A Member of People's Assembly can be a citizen of the Republic Moldova who has reached 21 years, lives on the territory of the territorial constituency (locality) he will represent at the moment the elections are held.

Article 9
The membership in the People's Assembly of Gagauzia shall be incompatible with any other salaried employment in other local authorities, public institutions and business organisations.

Article 10
(1)    At its first session the People's Assembly of Gagauzia shall elect the speaker of the People's Assembly (Hale Toplushu Bashi), his deputies, Presidium, and shall adopt the Assembly's Rules of Procedure.
(2)    One of deputy speakers of the People's Assembly shall be elected from among deputies of other ethnic origin than Gagauzian one.

Article 11
(1)    Within its competence the People's Assembly of Gagauzia shall pass local laws by the majority of votes of elected deputies.
(2)    The Regulations of Gagauzia shall be adopted by a vote of two thirds of elected deputies.

Article 12
(1) Within the competence of the People's Assembly of Gagauzia shall be passing of normative acts which are binding on the territory of Gagauzia, and passing of the Regulations of Gagauzia as well.
(2)    The People's Assembly shall pass local laws in the following areas:
a)    science, culture, education;
b)    housing and utilities, urban development;
c)    health, physical culture and sports;
d)    local financial, budgetary, and tax activities;
e)    economy and environment;
f)    labour relations and social welfare.
(3)    Besides, within the People's Assembly's competence shall be:
a)    to solve under the law problems of territorial organisation of Gagauzia, establishments and reclassifications of localities, borders of districts, towns and villages, and their names;
b)    to take part in realization of domestic and foreign policy of the Republic of Moldova on matters concerning interests of Gagauzia;
c)    to define the way of organisation and operation of local public administration authorities of Gagauzia and associations of citizens, except for parties and other social and political organizations;
d)    to call, organise and hold elections of deputies to the People's Assembly and to approve composition of the Central Electoral Committee in order to hold elections; to call elections to local public administration authorities in Gagauzia;
e)    to hold local referendum on issues concerning the competence of Gagauzia;
f)    to approve the regulations on symbols of Gagauzia;
g)    to establish honorary titles and to approve awards;
h)    to consider the matter and submit to the Parliament of the Republic of Moldova
the initiative on declaration of state of emergency in the territory of Gagauzia
and on establishing in this case a special form of administration for protection
and safety of population of Gagauzia;
i)    right of access under the law to the Constitutional Court of the Republic of
Moldova in order to annul normative acts of legislative and executive
authorities of the Republic of Moldova in case of violation of powers of
Gagauzia.
(4)    If the Constitutional Court of the Republic of Moldova declares void normative acts of the Republic of Moldova or any provisions of them in the territory of Gagauzia, legal relations resulted from these normative acts shall be regulated by the Parliament or the President of the Republic of Moldova.
(5)    Action of the challenged normative act shall be suspended until the Constitutional Court adopts a corresponding decision.
(6)    Normative acts of Gagauzia that contradict the Constitution of the Republic of Moldova and the present law shall be declared void.

Article 13
(1)    Any adopted local law shall be signed by Governor (Bashkan) of Gagauzia within 10-day term. If the Governor of Gagauzia disagrees with the adopted law, he shall recommit it for revision.
(2)    If two thirds of the total numbers of deputies of People's Assembly vote for the local law repeatedly, it shall be deemed passed, and shall be signed by the Governor.
(3)    The local law shall enter into force on the date of its publication unless it does not provide otherwise.
(4)    The People's Assembly's laws and decisions shall be submitted to the Parliament and Government of the Republic of Moldova for their information within 10-day period since the date of its passing.

Article 14
(1)    The Governor ( the Bashkan) shall be the supreme official person in Gagauzia. All public administration authorities of Gagauzia shall be subordinated to him.
(2)    The Governor of Gagauzia shall be elected by universal, equal, direct, secret and free expressed vote for a 4 years term on alternative basis.
(3)    The Governor of Gagauzia must be citizen of the Republic of Moldova that reached the age of thirty-five and speak Gagauzian language.
(4)    The Governor of Gagauzia shall be confirmed as member of the Government of the Republic of Moldova by a decree of the President of the Republic of Moldova.
(5)    The same person shall be re-eligible as Governor of Gagauzia for two consecutive terms of office.
(6)    The Governor of Gagauzia shall manage the activity of public administration authorities and shall bear the responsibility for carrying out the duties assigned to him by law.
(7)    The Governor of Gagauzia shall issue, according to the present Law, decisions and disposals that shall be enforceable throughout the territory of Gagauzia and shall come into effect at the date of publication.
(8)    The Governor of Gagauzia shall inform the People's Assembly yearly about the activity of public administration authorities of Gagauzia.
(9)    The dismissal of the Governor of Gagauzia before the expiration of his period of tenure shall be made if he does not respect the Constitution of the Republic of Moldova, the present Law, local laws and decisions of the People's Assembly or if committed an offence.
(10)    Decision of removing the Governor of Gagauzia from office shall be taken
by vote of two thirds of representatives elected to the People's Assembly, and
decision of removing other official persons of public administration authorities shall
be taken with the majority of votes of the members of People's Assembly.

Article 15
(1)    If for reasons of health or other objective reasons the Governor of Gagauzia is unable to carry out his functions, the Prime Vice-Chairman of the Executive Committee (Bakannik Komiteti) of Gagauzia shall hold office as Interim Governor.
(2)    In case of removal or resignation of the Governor of Gagauzia his duties shall be delegated to the Prime Vice-Chairman of the Executive Committee.
(3)    New elections shall be hold not later than three months after the function of the Governor of Gagauzia became vacant.

Article 16
(1)    The Executive Committee shall be the standing executive body of Gagauzia, which is established by the People's Assembly at the first session for the period of office.
(2)    The People's Assembly shall approve the composition of the Executive Committee with the majority of votes of his members on the proposal of the Governor of Gagauzia.

Article 17
(1) The Executive Committee of Gagauzia shall ensure: a) the enforcement and observance of the Constitution and laws of the Republic of Moldova, as well as normative acts of People's Assembly;
b)    the participation in the activity of central public administration authorities of specialty of the Republic of Moldova in matters concerning the interests of Gagauzia;
c)    the regulation of the relations of ownership throughout the territory, the management of economics, social-cultural construction, local financial and budgetary system, environment protection and rational usage of natural resources, according to the law;
d)    the determination of structure and priority directions of developing economy and technical and scientific progress;
e)    the working out of programs on economical, social, national and cultural development, environment protection and their implementation after being approved by the People's Assembly;
f)    the working out and presentation of the Gagauzian budget in order to be approved by the People's Assembly and its execution;
g)    the solving of issues concerning ecological security, rational usage, protection and revival of natural resources, the establishment of quarantine and declaration of zones of natural calamities;
h)    the elaboration and accomplishment of programs in the spheres of education,
culture, health care, physical culture and sport, social assistance, as well as the
protection and valorization of the monuments of history and culture;
i)    the equality in citizens' rights and freedoms, national and civil conciliation,
protection of legality and public order;
j) the elaboration and promotion of a scientific based demographic policy, drawing up of programs of urbanization and development of communal household and housing;
k) the functioning and developing of national cultures and languages on Gagauzian territory.
(2)    The Executive Committee shall have the right to legislative initiative within
People's Assembly.
(3)    The decisions and dispositions of the Governor and the Executive
Committee of Gagauzia shall be submitted to the Government of the Republic of
Moldova for its information within 10 days after being adopted.

Article 18
(1)    Gagauzian budget shall be formed of all types of payments established by the legislation of the Republic of Moldova and the People's Assembly.
(2)    The relation between the Gagauzian budget and State budget shall be established according to the Laws of the Republic of Moldova on budgetary system and on State budget for the appropriate year in the shape of fixed payments from all types of taxes and pays.

Article 19
The leaders of branch divisions shall be included into the colleges of the ministries and departments of the Republic of Moldova on the proposal of the Governor of Gagauzia.

Article 20
(1)    The Court of Appeal, with its headquarters in Comrat town, shall be a court of second degree compared to the next superior courts and shall examine the most difficult civil, administrative and criminal cases as a court of first instance.
(2)    The judges of Gagauzian Courts shall be appointed by the decree of the President of the Republic of Moldova on the proposal of the People's Assembly of Gagauzia, with the consent of the Superior Council of Magistracy.
(3)    The chairman of the Court of Appeal, with its headquarters in Comrat town, shall be a member ex officio of the Supreme Court of Justice.

Article 21
(1)    The Prosecutor's Office of Gagauzia shall activate according to the Law on Prosecutor's Office of the Republic of Moldova (with the exceptions stipulated by the present law).
(2)    The Prosecutor of Gagauzia shall be appointed by the General Prosecutor of the Republic of Moldova on the proposal of People's Assembly and shall be a member ex officio of the College of General Prosecutor's Office of the Republic of Moldova.
(3)    Hierarchically inferior prosecutors of Gagauzia shall be appointed by General Prosecutor of the Republic of Moldova on the proposal of Gagauzian Prosecutor with the consent of People's Assembly.

Article 22
(1)    The head of Gagauzian Department of Justice shall be appointed and dismissed by the Minister of Justice of the Republic of Moldova on the proposal of People's Assembly.
(2)    The head of Gagauzian Department of Justice shall be a member ex officio of the College of the Ministry of Justice of the Republic of Moldova.

Article 23
(1)    The head of the Department of Information and Security of Gagauzia shall be appointed and dismissed by the director of the Information and Security Service of the Republic of Moldova on the proposal of the Governor of Gagauzia after being approved by People's Assembly.
(2)    The head of the Division of the Information and Security Service of the Republic of Moldova for Gagauzia shall be a member ex officio of the College of Information and Security Service of the Republic of Moldova.

Article 24
(1) The Head of the Internal Affairs Department of Gagauzia shall be appointed and dismissed by the Minister of Internal Affairs of the Republic of Moldova on the proposal of the Governor of Gagauzia, with the consent of People's Assembly.
(2)    The Head of the Internal Affairs Department of Gagauzia shall be a member ex officio of the College of the Ministry of Justice of the Republic of Moldova.
(3)    The police inspectors of the Police Stations of Gagauzia shall be appointed and dismissed by the head of the Internal Affairs Department of Gagauzia on behalf of the Minister of Internal Affairs of the Republic of Moldova.
(4)    The head of the municipal police of the Internal Affairs Department of Gagauzia shall be appointed and dismissed by the Governor of Gagauzia on the proposal of the head of the Internal Affairs Department of Gagauzia and shall be in his operative subordination.
(5)    The commandant of the sub-unit of riflemen troops (internal troops) shall be appointed and dismissed by the Minister of the Interior of the Republic of Moldova on the proposal of the Governor of Gagauzia.

Article 25
The Republic of Moldova shall be the guarantor of full and unconditional implementation of the powers of Gagauzia established by law.

Article 26
Administrative Center of Gagauzia shall be established through a local referendum.

Article 27
(1)    The present law shall be an organic law.
(2)    The present law shall be amended and completed with the vote of three fifths of the representatives elected to the Parliament of the Republic of Moldova.

Speaker of the Parliament Petru Lucinschi

Chisinau, 23 December 1994. No. 344-XIII.

Migration from Moldova, which progressively increased over the recent years, peaked in 2008, with remittances reaching more than 30 percent of GDP. In the next five years remittances are expected to again increase to pre-crisis levels. It is estimated that up to 40 percent of Moldovan working-age population is currently abroad. Moldova has become more aware of the potential development outcomes of migration and negative consequences such as brain-drain, affecting the public and the private sectors, as well as the exploitation of migrants abroad and the phenomenon of children and elderly left behind.

Migration patterns and characteristics, such as gender, destinations, and types of employment, have not significantly changed over recent years. Nevertheless, it must be expected that diaspora communities advance in their maturity cycle and that the share of permanent emigration and family reunifications will increase in the medium-term. Such changes could entail a drop in remittances and the risk that a large number of migrants will be permanently lost for the country, negatively impacting its demographic, human and economic development. Support is required to further develop Moldova's capacity to maintain contacts with and support Moldovans abroad and to foster diaspora CSOs to direct financial and human capital accumulated abroad to homeland development, philanthropic activities and productive economic investments and business creation.

The overarching priority for policy orientation regarding migration is supporting Moldova's EU approximation and integration goals with project activities and evidence-based policy advice, including within the context of the EU-Moldova Mobility Partnership and the EU-Moldova Visa Liberalization Action Plan, while aiming at the highest possible standards of protection of the rights of migrants in Moldova.

As a source and transit country of irregular migration aspiring to visa-free travel to Europe, Moldova requires continued capacity-development assistance to enhance the effectiveness of institutional migration management frameworks and policies. In addition, the need is foreseen for support to assisted voluntary return and reintegration of migrants and assistance for vulnerable migrants and persons affected by migration. Assistance to these groups could be linked to a pending social protection reform. Support should also be provided to efforts to ratify the International Convention on the Rights of All Migrant Workers and Members of Their Families. To ensure sustainability of the pension system, further efforts must be directed towards concluding bilateral agreements with main destination countries for the portability of social security benefits.

no. 136-XIV from 17 September 1998

CHAPTER I GENERAL PROVISIONS

Article 1. The scope of the Act

(1)    The scope of the present Act shall cover the following:
a)    production and storage of combustible gases (hereinafter: gas);
b)    transmission and distribution of gas;
c)    gas supply activities, including gas import and export and gas transit;
d)    prices for gas and regulations for the gas industry;
e)    licensing;
f)    protection of the interests of consumers.
(2)    The present Act regulates the legal relationships between the partners in the gas market: gas entities, suppliers and consumers.
(3)    The scope of the present Act shall not extend to the utilization of bottled gas. The utilization of bottled gas shall be regulated in accordance with a Government Decree.

Article 2. General conditions

Gas shall be produced, stored, transmitted, distributed and supplied in an efficient way from the economic point of view observing the legislation regarding the safety of property, environment and labor protection as well as other laws and regulations in force in the interests of the national economy and consumers.

Article 3. Definition of terms

For the purpose of the present Act there are utilized the following terms: Gas system - the totality of the elements of the chain of production, storage, transmission, distribution and utilization of gas;
Gas entity - a legal person engaged in the production, storage, transmission and gas distribution;
Gas producer - legal entity who has been given the license to extract gas as a natural resource from the territory of the Republic of Moldova or to produce it artificially;
Storage - the activity related to storing gas;
Transmission entity - legal entity who has been given the license for the transmission of gas;
Distribution entity - legal entity who has been given the license for the distribution of gas;
Gas dist ribution network - a system cons i st ing of high, medium and low press ure gas pipelines and other equipment and dist ribution points s i tuated downst ream from the dist ribution station and upst ream from the connection point that serve in the aggregate the purpose of dist ribution of a s upply of ga s to the connection points ;
Gas transmission network - a system cons i st ing of high press ure gas pipelines , stations for compress i on, dist ribution and meas urement that serve in the aggregate the purpose of gas trans mis s i on;
Gas network - ga s trans miss i on and dist ribution networks ;
Gas distribution station - the installations that belong to the ga s tran s miss i on networks and serve the purpose of gas transfer from high press ure pipelines to dist ribution pipelines of high, medium or low press ure;
Distribution point - an object of the dist ribution network that serves the purpose of gas transfer from the pipelines of high or medium press ure to the pipelines of medium or low pressure;
Connection point - the place where the cons umer equipment is connected to the gas network and that is the boundary of the property of the cons umer and the gas entity or the s upplier;
Supply - acquis i tion and selling the gas ;
Supplier - a legal entity who has been given license for acquis i tion and for sale of a s upply of gas at regulated and unregulated tarrffs ;
Consumer - natural (private) person or legal entity whose gas cons uming installations are connected to the gas network through one or more connection points ;
Consumer equipment - the installations of the cons umer and the cons umer gas network s i tuated downst ream from the connection point;
Gas meter - equipment and the combination of devices that serve to meas ure the volumes of gas trans mitted through the trans miss i on and dist ribution networks as well as the volumes of gas utilized by the consumers ;
Cost of service - actual costs necessarily and reasonably incurred during the performing of an activity as production, storage, trans miss i on, dist ribution and s upply of gas ;
Natural monopoly - activity aimed at trans miss i on and s upply of gas in the course of the performance of which market rules are absent or do not operate adequately because the cons umer has no other choice;
Pay for connection - payment for meter procurement, test ing and installation, as well a s for other equipment, apparatus and pipes to the consumer necessary to satisfy requirements for connections to the trans miss i on and dist ribution grids .

CHAPTER II ADMINISTRATIVE COMPETENCE

Article 4. Responsibilities of the Government.

The policy of the operation and development of the gas system of the Republic of Moldova is implemented by Government as follows :
a)    Establishes the strategy (program) of the extraction and utilization of gas from gas fields find on the territory of the Republic of Moldova and the strategy for the development of the main gas pipelines including joint projects with other states. Assures energy security of the state.
b)    Establishes the conditions regarding the import, export and transit of gas;
c)    Approves the construction of the main gas pipelines;
d)    Approves the construction of artificial gas storage with the capacity that exceed 0.1 miilion cubic meters as well as of gas storage based on the utilization of natural (underground) reservoirs.

Article 5. The National Energy Regulatory Agency

(1)    The gas system shall be regulated by the National Energy Regulatory Agency, hereinafter: Agency.
(2)    The Agency is a permanent public body with the status of a legal entity that is not subordinated in any way in its activity to any other government or private agency or institution, except the stipulations of Art. 5 (3) and Art. 8 (p.3, 4, 5, 8) and art. 9(4).
(3)    The Government in accordance with the present act shall approve the Regulation of the Agency.

Article 6. The tasks and man duties of the National Agency for Energy Regulation

(1) The Agency has the following obligations:
a)    license the production of gas, gas storage operation, transmission, distribution and supply of gas as well as activities which assure the increase of efficiency and competition on the gas market,
b)    control the meeting of requirements and the quality of services;
c)    in cases stipulated in the present Act amends or withdraws the licenses mentioned in Art 6, 1,a;
d)    elaborates and approves in accordance with the established process the methodology of ca l cula tion of regulated ga s ta r^fs, a nd a pproves regulated ga s ta rtffs;
e)    supervise the correctness of ca l culation- of the regula ted ga s ta rtffs- performed by the license holders according to the provisions defined in the license;
f)    monitors the business of the agents that act in the gas market;
g)    defines the economic technique data and data that provide the functioning of gas system in the whole, that shall be made public by the license holders, taking in consideration their confidentiality;
h)    promotes the competition in the gas market;
i)establishes the accounting model and information system to be used by the license holders to report to the Agency, in compliance with the National Standard Accounting System.

Article 7. The rights of the Agency

(1)    In the interest of the fulfilment of its duties stipulated in the present Act the Agency
is entitled:
a)    to control the observance of the conditions, stipulated in the license, by the license holders;
b)    to control the correctness of application of regulated tariffs by the license holders;
c)    to have access to the documents concerning the activities subject to license even in case they contain state or business secrets;
d)    to obtai  copies, abstracts of such documents a nd request a dditional information from the license holder in order to fulfilits duties;
e)    to enforce the principle of minimum costs regarding the production, transmission, distribution and supply of gas;
f)    to issue regulations in order to perform its duties in the most efficient way;
g)    to exact fines.
(2)    The Agency may also have other rights stipulated in its regulations and legislation in
force.

Article 8. Administration of the Agency

(1)    The Agency shall be managed by the Administration Council consisting of 3 Directors.
(2)    The decision of the Administration Council shall be taken by a majority of votes. Each Director of the Administration Council has one vote.
(3)    The Directors of the Administration Council shall be appointed by the Government of the Republic of Moldova for a term of 6 years, except the case of their initial appointment under this Act when: one Director shall be appointed for a term of 2 years, one Director for a term of 4 years and one Director for a term of 6 years. The Government of the Republic of Moldova shall appoint a Director of the Administration Council every 2 years or whenever a term, for any cause, becomes vacant, in which case the new Director shall serve the remaining time of the unexpired term. No person shall serve as a Director of the Administration Council for more than 12 years and no person shall be appointed Director after having served as a Director for more than 6 years, including any time remaining on the current term of the Director.
(4)    A Director may be dismissed by the Government of the Republic of Moldova only if:
a)    he/she resigns,
b)    looses the citizenship of the Republic of Moldova,
c)    is not able to fulfil hissher duties by reason of health,
d)    is elected in an other function,
e)    is convicted by the court,
f)    violates systematically hissher obligations,
g)    violates the legislation in force.
(5)    The Government of the Republic of Moldova shall designate one of the Directors as General Director of the Agency's Administration Council.
(6)    The General Director shall engage and direct the staff of the Agency being supported by at least one member of the Administration Council.
(7)    At enterprises regulated by the Agency, in accordance with this act, the Director of
the Administration Council shall not:
a)    holed any office or position;
b)    be a shareholder, debtor or creditor;
c)    receive or expect to receive any compensation or other financial consideration;
d)    attempt to obtain employment for any person or himself.
(8)    The General Director shall present a report regarding the activity of the Agency in
the previous year to the Parliament and the Government of the Republic Moldova.

Article 9. The Agency's budget.

(1)    By November 15 of each year, the Agency wiil prepare its detailed budget for the
next year on the basis of:
a)    annual regulatory fees applied by the Agency to license holders;
b)    fees for license issuance;
c)    other sources provided by the legislation.
(2)    The Agency wiil establish the regulatory fees level in the basis of valuation of gas
volumes for the next year, received from the license holders until November 1, and that
wiil be sufficient to cover all the budgetary expenditures of the Agency during the next
year. To determine the level of regulatory fees for the production, transmission,
distribution, gas supply at regulated and non-regulated tartffs, there wiil be applied the
following principles:
a)    in the case of gas production (accumulation) entities the fees wiil be imposed on the gas volume produced (stored);
b)    in the case of gas transmission entities, the fees wiil be imposed on the gas volume delivered to the distribution networks;
c)    in the case of distribution entities, the fees wiil be imposed on the gas volume delivered to the final customers;
d)    in the case of gas s upply entities the fees wiil be imposed on the delivered volumes .
(3)    The regulatory fees , paid by license holders , wiil be transferred on the current account of the Agency, which is the sole user of these funds . In the case where the Agency's funds are not fully utilized during the current year of regulation, then they should be transferred and included in the next year budget; in the case where it occurs a deficit of funds during the current year of regulation, the Agency is entitled to reimburse it from the next year budget, applying an appropriate regulatory fee. The Agency is entitled to contract loans at reasonable rates of interest to cover the current costs that can not be covered by the collected regulatory fees. The Agency wiil reimburse the funds received from the regulatory fees applied.
(4)    The Agency's budget wiil be approved by the Minister of Finance at the level of 0.06¬0,09% from the annual cost of the energy and natural gas supplied to customers. The Agency's budget wiil be published in the republican mass media.

Article 10. Financial report

By March 1 of each year, the ANRE wiil prepare a financial report which wiil include both the accounting data of the regulatory fees transferred by the license holders on the current account of the Agency, and the Agency's expenditures during the previous year. The financial report wiil identify all the loans contracted by the Agency during the given regulation year as well as other funds utilized by the Agency. The financial report wiil be published in the republican mass media.

Article 11. Protection of consumers

(1)    In the course of the performance of its activities the Agency shall:
a)    pay regular attention to matters affecting the interests of consumers;
b)    elaborate detailed rules regarding the protection of consumers;
c)    investigate the complaints of consumers;
d)    co-operate with the organizations that represent the interests of consumers;
e)    provide the organizations which protect the interests of consumers as well as the consumers with necessary data and relevant information regarding the activity of license holders excepting the confidential information;
f)    decide in disputed maters both between consumers and suppliers, and between consumers and transmission and distribution entities.
(2)    The consumers may address a claim to the Agency concerning any maters within
the authority of the Agency including the quality of services provided by a gas entity or a
supplier. The Agency shall examine the mentioned complaints and wiil take respective
measures within the limits of its authority.

Article 12. Transparency of the Agency's activity. Decisions of the Agency

(1)    The Administration Council shall perform its duties so in order to ensure the
transparency of its activity. In this order:
a)    the Administration Council's sessions wiil be public;
b)    the interested Parties wiil be informed in advance about the agenda of the Administration Council's session. Both, the interested Parties and the public at large wiil have free access to the examination of problems in discussion. In case when the problems under discussion are confidential, they wiil be examined at closed-door meeting, the sess i on's decis i ons being access i ble to every interested party.
(2)    In the event of a disagreement between a licensee and a cons umer or another licensee, involving a mater within the juris diction of the AN RE which cannot be re s olved through negotiation, the matter of disagreement shall be analyzed by the AN RE in order to make a decision within the scope of its authority.
(3)    A decision of the Agency may be appealed to Court according to effective legislation.
(4)    The licenses iss ued by the Agency as well as its decis i ons of public interest s hall be publis hed in the Monitorul Oficial of the Republic of Moldova.

CHAPTER III LICENSING

Article 13. Activities subject to license

(1)    Production of gas , gas storage operation, trans miss i on, dist ribution and s upply of gas are activities subject to license. There can be licensed other activities of the gas industry if doing so it is stimulated the competition in the gas market.
(2)    The activity connected to operation of gas storage of the capacity under 0.1 miilion cubic meters is not subject to license.

Article 14. The conditions for licensing

(1) To perform the activities stipulated in the Article 13 there shall be issued licenses to economic entities that are legal entities and if they satisfy the following conditions: a) are registered in the Republic of Moldova;
b) prove that they have financial and technical sources as well professional training to ensure a normal performance of the licensed activity.
(2)    The manager of the enterprise, that is license holder, shall have to meet the
following requirements:
a)    to be able to perform hissher duties;
b)    to have permanent residence in the Republic of Moldova;
c)    higher education with a technical bias and at least 5 years experience in the field;
d)    to have no previous convictions relevant to the activity regulated by the present Act, not to be punished earlier - according to the criminal code - for the deeds - intentionally done.
(3)    There shall not be issued licenses to economic entities that undergo bankruptcy or
liquidation procedures, as well as to economic organizations whose licenses were
withdrawn earlier for reasons provided in Art.17 (2), b, c, d, e, and there has not yet
passed 10 years from the moment of the withdrawal.

Article 15. Types of licenses

(1)    The Agency is entitled to issue the following types of licenses:
a)    license for production of gas;
b)    license for the operation of gas storage facilities;
c)    license for transmission of gas;
d)    license for distribution of gas;
e)    license for the gas supply at regulated ta^fs;
f)    license for the gas supply at non-regulated tariff;
g)    licenses necessa ry for the promotion of competition in the ga s ma rket to reduce the ta ritfs a nd protect the consumers.
(2)    The licenses for ea ch type of the a ctivity a nd the Regula tion on license issua nce sha I l
be a pproved by the Administra tion Council of the Agency a nd sha I l include a mong other
data a nd informa tion the conditions concerning the ca l cula tion of ta ritfs a nd the
requirements rega rding the qua l ity of services.

Article 16. The rights and the obligations of a license holder

(1)    The license holder is obliged:
a ) to fulfil the conditions stipulated in the license;
b)    to observe the principle of minimum costs presenting the deta i led ca l culations proving it to the Agency in the ca se where the Agency decides on the non-competitiveness of the ga s ma rket;
c)    to fulfiil its obligations defined in the license without discriminating against any market participant or consumers;
d)    to provide continuous services except the ca ses stipulated in the license a nd in ca se of non-payment, technical and safety problems, and in accordance with the terms of contra cts;
e)    to present to the Agency a nnua l reports on their a ctivity during the previous yea r according to a form and terms established by the Agency. At the Agency's request, the license holders wiil submit any other information necessary for the Agency's operation under the effective legislation;
f)    to pay on a regular basis the regulatory fees.
(2)    In the case where the legal or physic person do not fulfiil its obligations of payment
in accordance with the concluded agreement or the conditions on service rendering, the
license holder can not be obliged by any public or private authority to provide such kind
of services.
(3) Licensee has free access to the natural gas meters located on the premises of
customers with whom Licensee has a contract to provide a supply of natural gas.
(4)    The license holder is prohibited from purchasing shares of another license holder without the Agency's written approval.
(5)    The right to hold more than one license is regulated by the Agency.

Article 17. Amendment, suspension and withdrawal of the license

(1)    The license may be amended on the initiative of the ANRE or the license holder and with the agreement of the other party in the event of substantial changes in circumstances.
(2)    The Agency may withdraw the license definitely or temporarily in case:
a)    the license holder requests the withdrawal of the license;
b)    the license holder is declared bankrupt and is unable to fulfiil its responsibilities;
c)    the license holder obtained the license fraudulently;
d)    the license holder does not observe the conditions stipulated in the license;
e)    the license holder breaks the present Act and the legislation in force in the course of the performance of its activity.
(3)    In the event of license's withdrawal the Agency is obliged to take measure in order to ensure reliable and efficient supply of gas to consumers.
(4)    The Agency's decision on the amendment or withdrawal of the license can be argued in the Court.

Article 18. Merger or separation of gas entities

Merger of gas entities, merger of gas entities with other economic organizations and associations, and separation or division of the gas entities or gas suppliers shall be done only with the approval of the Agency if such a merger, separation or division could influence regulated taritfs. Upon the entities obtaining the appropriate approval, the Agency may amend the license conditions.

CHAPTER IV RIGHTS TO OTHER PARTIES REAL ESTATE

Article 19. General rights

(1)    A gas entity license holder is entitled to apply to the authorized bodies for:
a)    the right of preparatory work;
b)    right of cabling;
c)    expropriation;
d)    other necessary authorizations.
(2)    The license holder is obliged to recompense the damages caused to the owner of the real estate or other property as a result of preparatory cabling works, construction, insta I la tion, repa i r a nd the elimination of the consequences of the fa ults.
(3)    In order to prevent or eliminate a rea l or imminent a ccident the owner or the user of the real estate shall permit the gas entities to utilize its real estate as required.
(4)    In the areas under nature protection the rights listed in point (1) shall not be
exercised unless a preliminary permission from the competent nature protection authority is obtained.

Article 20. Preparatory works.

In connection with the construction of the gas networks the gas entity may apply for a permission for right of preparatory work.

Article 21. Right of cabling

(1)    The right of cabling permits the license holder of the gas entity to perform the construction, installation, repair and replacement of the gas pipelines, compressor stations, distribution stations and distribution points and other equipment of the gas networks.
(2)    The right of cabling ceases if the construction of the gas objects is not finalized in 5 years.

Article 22. Right of use

(1)    Any object - of the gas entities - that are not stipulated in the Article 22, point (1) may be placed and operated on other parties real estate on the basis of the right of use.
(2)    The right of use is established on the basis of an agreement with the owner of the real estate.
(3)    In case there cannot be reached an agreement concerning the establishment of the right of use the license holder may request the support of competent authority to solve the problem.
(4)    The right of use ceases in case the construction of the objects defined in point (1) shall not been finalized within 5 years reckoned from the date the right of use was authorized.

Article 23. Expropriation

(1)    In case the license holder has not been able to obtain the right of use in order to build the compressor station, distribution station and distribution points and other objects of public use it is entitled to initiate the procedure of the expropriation of the real estate of the other owner according to the legislation in force.
(2)    In order to construct and operate the gas pipelines, the procedure of expropriation may ta ke pla ce only if the license holder demonstra tes tha t the right of ca bling stipulated in Article 21 hinders substa ntia I ly or even termina tes the proper use of the re a l est a te.
(3)    The rea l estate expropriated in a ccorda nce with points (1) a nd (2) sha I l be
tra nsferred to the ownership of the state a nd put at the disposa l of the license holder with the right of use.

CHAPTER V
PRODUCTION, STORAGE, TRANSMISSION, DISTRIBUTION
AND SUPPLY OF GAS
Article 24. Co-ordination of the activities of the gas system

(1) The gas entities shall function in a co-operating gas system. In the interest of the operation of the co-operating gas system the transmission and distribution entities and suppliers shall co-operate on the basis of the market economy principles and unique
operational control over the gas system.
(2)    Subject to conditions contained in licenses and to regulations of ANRE, the gas
entities together with the suppliers shall elaborate the rules concerning: a) the conditions of co-operation within the gas system, b) the a pplica tion of restrictions in relationships between parties. (3) The lega l rela tionship between the pa rticipa nts to the ga s ma rket sha I l be esta blished in contra cts in a ccorda nce with the license conditions a nd the regula tions issued by ANRE.

Article 25. Production of gas and operation of gas storage

(1) All ga s producers a s well a s those tha t opera te the ga s stora ge h ave the right to pa rticipa te in the ga s ma rket on condition tha t the technica l requirements for connection to the ga s network a re sa tisfied, the qua l ity of supplied g a s corresponds to the sta nd a rd
in force.
(2) The License for the gas production a nd stora ge is va l id unless the Agency withdra ws it due to the brea ch of the license. The license ca n be ca ncelled by the Agency after 25
yea rs of the presenta tion of a written notice.

Article 26. Transmission and distribution of gas

(1) Every licensee or consumer ha s the right of a ccess to the ga s tra nsmission a nd distribution networks without discrimination.
(2) The gas transmission or distribution entity is obliged to transport gas to the place of destination in accordance with the conditions defined in the contract concluded between parties, license conditions and regulations issued by the Agency.
(3)    The gas transmission entity as well as the gas distribution entity may also be a
supplier.
(4) The gas transmission and distribution entities shall perform the duties of the dispatching activity in order to manage the volumes of gas defined in the contracts concluded between the participants of the gas market.
(5) The gas trans miss i on entity as well as the gas dist ribution entity s hall answer any claim relevant to its activity during a period of 15 days reckoned from the moment when
the claim was registered.
(6) The License for gas transmission and distribution is valid unless the Agency withdraws it due to breach of the License. The license can be cancelled by the Agency after 25 years of the presentation of a written notice.
(7) The license holder for the gas transmission and distribution wiil operate its transmission networks in accordance with the conditions stipulated in the license and
effective technical rules.

Article 27. Supply of gas

(1) The supplier is obliged to deliver gas to consumers in accordance with the stipulations of the license and Chapter VI.
(2)    Except the markets considered by the Agency to be competitive the supplier shall
purchase gas at the lowest level of taritfs that are consistent with reliable gas supply.
The contracts regarding the purchasing of gas by the supplier in a market considered by the Agency to be non-competitive shall have to be approved by the Agency.
(3)    The supplier shall undertake responsibility for any damages related to a failure by
the supplier to obey the g a s qu a l ity sta nd a rds in force.

Article 28. Extension of gas networks

(1) The transmission and distribution entities are responsible for the optimal extension of their gas networks in accordance with the increase of gas demand.
(2) The transmission and distribution entities are responsible for connecting their networks to other licensees or consumers requesting a gas service connection from the transmission or distribution networks, subject to paragraph (5) below.
(3) Expenditures for the extension of the transmission network system wiil be covered by the transmission entity and they wiil be taken into consideration on taritf calculation, if the latter is done according to license conditions or regulations issued by the Agency.
(4) Expenditures for the extension of the distribution network system wiil be covered by the distribution entity and they wiil be taken into consideration on taritf calculation for distribution of gas, if the latter is done according to license conditions or regulations
issued by the Agency.
(5) The transmission and distribution entities may require from other licensees or consumers who require an extension of transmission or distribution networks to meet their specific needs financial support for the design and construction of such networks, if the latter is done according to license conditions or regulations issued by the Agency.
(6) Any entity which obtains a transmission or distribution license from the Agency may conduct its licensed activity in any limited territory in Moldova where there is no other gas service licensee providing similar services. The Agency shall establish regulations to encourage maximum availability of gas service in Moldova and to avoid service area
conflicts between licensees.

CHAPTER VI LEGAL RELATIONSHIPS BETWEEN GAS MARKET
PARTICIPANTS
Article 29. Legal relationships

(1)    For gas markets determined by the Agency to be non-competitive the Agency shall elaborate and adopt regulations that control the legal relationships between the participants in gas market.
(2)    For the gas markets determined by the Agency to be competitive, the legal relationships between the gas suppliers and purchasers shall be established within the conditions of the contract signed between these parties.

Article 30. Gas supply contract

(1)    The gas shall be supplied only on the basis of a contract concluded between the consumer and the supplier. The contract wiil include the effective date and terms of the contra ct, specify the ca ses of brea ch of contra ct, suspension a nd limitation of contra ct a s well a s other responsibilities of the suppliers a nd purcha sers of ga s.
(2)    The provisions of the contra cts ma y be further deta i led a nd completed in a ppendixes a nd other a dditiona l documents.
(3)    The consumers a re entitled to conclude individua l contra cts of ga s supply with a ny supplier including the suppliers from outside the borders of the Republic of Moldova.
(4)    Consumer requirements concerning purchasing natural gas and revision of existing contracts wiil be considered and satisfied by the appropriate licensee taking into account technical feasibility.

Article 31. The effects of the gas supply contract

(1)    The supplier is obliged to ensure the continuous supply of gas - of the parameters stipulated in the standards in force- according with the conditions contained in the contra ct.
(2)    The opera tion of consumer equipment sha I l not enda nger life, hea l th a nd property a nd desta bilize the proper opera tion of the gas entity a s well a s the receipt of gas by other consumers.

Article 32. Suspensions and restrictions in supply of gas

(1)    The gas entities are entitled to suspend the supply of gas for the shortest possible period when the life of people and property are endangered, there are not observed the established regimes of gas consumption, there are operational breakdowns in the operation of the gas networks as well as for carrying out connections and other maneuvers that cannot be performed otherwise.
(2)    The gas entities shall inform the consumers in advance of the date and expected duration of suspension of gas supply caused by maintenance and elimination of the consequences of faults.
(3)    The gas entities are entitled to restrict or suspend the supply of gas in case of gas crisis at the national scale or because of the interests relevant to foreign trade, national economy, environmental protection and national defense.
(4)    The gas entities shall not compensate the damages caused as a result of suspensions and restrictions carried out because of circumstances listed in point (3) of the present
Article if the actions of the supplier have complied with the points (1) and (2).
(5) Transmission and distribution entities may suspend or terminate gas supply to a customer or other licensee for failure to comply with applicable contracts.

Article 33. Measurement of gas consumption and payment settlement

(1)    The license holders for gas transmission and distribution are responsible for the installation, operation, maintenance and periodic recalibration of the gas meters of consumers connected to their network.
(2)    The license holders for gas transmission and distribution shall meter the quantity of supplied gas in accordance with the standards in force. The supplier is obliged to utilize only tested meters.
(3)    The consumer shall:
(a)    pay for connection; and
(b)    pay for gas consumed based on meter readings and concluded contracts.
(4)    The contracting parties may initiate an unplanned testing of the gas meter. In case
the complaint has not been proved the complainant shall incur the expenses related to
this unplanned testing. If the complaint has been proved then there shall be performed a
new payment settlement.

CHAPTER VII
GAS TARIFF REGULATION

Article 34. Tariffs of gas

(1)    Regula ted ga s ta ritfs sha I l be ca l cula ted a nd a pplied by the respective license holders a ccording to a methodology esta blished beforeha nd.
(2)    The methodology of ca l cula tion a nd a pplica tion of ta ritfs sha I l be ela bora ted a nd
a pproved by the Agency in a ccord a nce with esta blished process for definite periods of time.
(3)    The methodology of regulated ta ritf ca l culation sha I l includethe ca l culation of the
expenditures:
a ) rela ted to the cost of service;
b)    rela ted to efficient development of the ga s entities;
c)    rela ted to the fulfilment of the obligation rega rding the environment protection;
d)    the necessa ry profit in order to continue the a ctivity of the license holders;
(4)    The methodology of regulated ta ritf ca l culation should conta i n the sta te policy concerning the development of the nationa l ga s system, as well a s the tra nsit, the import a nd the export of gas and to promote a relia ble supply of gas at minimum costs as well as the efficient utiliza tion of the production ca pa cities.
(5)    The license holders sha I l provide the Agency with a I l information that is necessa ry for the a ctivity of supervising the correctness of costs a nd ca l culations of regulated ta ritfs.

CHAPTER VIII FINAL AND TRANSITORY PROVISIONS

Article 35. Settlement of disputes

The settlement of disputes between the contra cting pa rties except Art. 12(2), the disputes between the pa rties sha I l be solved in the court of la w.

Article 36. Final provisions

(1)    The Agency may a mend a license, without the a greement of the licensee, during the first year after publication of this Act provided such a mendment is necessary to protect the interest of licensees a nd consumers.
(2)    The Government within two months shall:
a ) submit the proposals to the Parliament in order to a mend the legisla tion in force in
concorda nce with the present Act; and
b) a mend its lega l rules a ccording to the present Act.


Chairman of Parliament
Dumitru Diacov
Chisina u, Spetember 17, 1998
Nr.136-XIV