National Regulatory impact assessment consultant for supporting the legislative alignment of the Regulation 2017/1938 concerning measures to safeguard the security of gas supply (emerging support).Vacancy Number: Pr22/02544
Contacts: Ms. Veronica Lopotenco. veronica.lopotenco@undp.orgBackground
Moldova is part of the EU’s European Neighborhood Policy (ENP) and in the Eastern Partnership framework, which aims at strengthening individual and regional relationships between the EU and countries in its neighborhood. Moldova is also part of the Energy Community Treaty since 2010 and has signed the Association Agreement with EU in June 2014, including the DCFTA which entered into force in 2016. Moldova was granted candidate status for the EU in June 2022. As a follow-up, Moldova is required to ensure the transposition of the EU acquis Communautaire, which underpins the EU energy legislation on electricity, gas, oil, renewables, efficacity, and the environment. The country fully synchronized its electricity network with the ENTSO-E and is connected with the European electricity market
The energy sector is one of the top priorities for the Government and it is addressed in Government’s Plans and a number of policy documents, laws and regulations. The most important are the following: the draft National Development Strategy 2030, the National Energy Strategy 2030, Law on energy, Law on electricity, Law on promoting use of energy from renewable sources, Law on natural gas, Law on energy efficiency, Law on the energy performance of buildings, Law on the labelling of products with energy impact, Law on eco-design requirements for energy-related products, etc., as well as a list of secondary legislation, meant necessary to ensure for the implementation of the primary legislation.
Moldova consumes around 4 million tonnes of oil equivalent (Mtoe) of energy per year (4.1 Mtoe in 2018). Around 20% of its energy demand is covered by domestic production, consisting almost fully of solid biomass; total domestic energy production was 0.82 Mtoe in 2018, of which 0.79 Mtoe solid biofuels. All natural gas consumption (2.1 Mtoe, or 2.9 billion cubic meters in 2014) is met through imports, mainly from Russia via Ukraine. In August 2014 the Iasi-Ungheni gas interconnector between Romania and Moldova was commissioned and became operational in 2015. The pipeline became operational in autumn 2021 but it is still rather empty and unused. Most coal consumed must be imported as well (0.09 Mtoe in 2018). Natural gas accounts for more than half of Moldova’s total primary energy supply (53% in 2018), oil roughly a quarter (23% in 2018) and solid biomass one-fifth (19% in 2018). Most natural gas is used for electricity and heat generation, whereas oil is the most important energy source for final consumers. Residential sector is the largest energy consuming sector (around 1.4 Mtoe in 2018), solid biofuels covering over 50% of the sectoral consumption. Because the country lacks energy resources, it is almost wholly dependent on electricity imports. Only 6% of electricity generation comes from renewable sources (hydro, wind, solar PV). Moldova’s electricity sector is characterized by big dependence on one source, a thermal power plant in the Transnistria region. Development of the interconnection project that will improve the management of flows with neighboring Romania is slow. Interconnection through back-to-back station is expected to be completed by 2024.
In accordance with the existing strategic planning documents, one of the main priorities of the Government is to diversify the energy mix with more renewable energy, which is also fully in line with commitments under the EU Clean Energy for all Europeans package. Achieving this goal will require significant investment in the medium and long term, but also the country’s ability to attract and absorb the funds. The development of renewables, such as wind and solar, will also depend on improving the balancing capabilities of the Moldovan power system and its integration with neighboring countries.
Starting with October 2021, Moldova faced a significant crisis in the gas sector, which outlined the need to undertake more actions towards improving the energy security of the Republic of Moldova, both in the natural gas and electricity sectors.
The acute gas supply crisis in Moldova has also been the subject of discussions within the Moldova-EU Association Council meeting on October 28, 2021. The EU and Moldova stressed the importance of resilience against any potential efforts by third parties to use energy as a geopolitical lever. The Association Council recalled the importance of continued energy market reform to strengthen competition and transparency in this sector. The EU has urged Moldova to ensure that the energy sector reform demonstrates full respect for the Energy Community acquis and is in line with the EU Third Energy Package. The EU side supported Moldova to synchronize its electricity network with the Continental European Network (CEN), which happened in February 2022, an important step toward the integration into the EU energy system and market.
Under these circumstances, the Government of Moldova will be assisted to tackle the current energy crisis and energy poverty and addressing prioritized systemic elements in the energy sector to cope with the potential future energy crisis. In partnership with EU, UNDP Moldova will, therefore, support the Government of Moldova:
Moldova is a Party to the Energy Community Treaty since 2010. By adopting the Energy Community Treaty, Moldova made legally binding commitments to adopt core EU energy legislation, the so-called "acquis communautaire”. The Treaty and its acquis evolve constantly to incorporate new sectors as well as update or replace older acts. To stay on track with the evolution of European Union law, Articles 24 and 25 of the Treaty allow the adaptation of the acquis and implementation of possible amendments. Thus, in November 2021, the first set of Clean energy package acts was incorporated into the Energy Community acquis. Ministerial Council adopted the Decision on amending Annex I to the Treaty establishing the Energy Community and incorporating Regulation 2017/1938 of 25 October 2017 concerning measures to safeguard the security of gas supply[1], that lays down rules for cooperation between Contracting Parties with a view to preventing, mitigating and managing gas crises in full regard for the requirements of a competitive single market for gas.
According to Regulation 2017/1938 each Contracting Parties to the Energy Community Treaty shall ensure that the necessary measures are taken so that in the event of a disruption of the single largest gas infrastructure, the technical capacity of the remaining infrastructure is able to satisfy total gas demand of the calculated area during a day of exceptionally high gas demand occurring with a statistical probability of once in 20 years.
Regulation 2017/1938 establishes that the competent authority of each Contracting Party shall conduct a national risk assessment of all relevant risks affecting the security of gas supply. The national risk assessment is prepared in accordance with the relevant template set out in Annex V of the Regulation 2017/1938.
The competent authority of each Contracting Party shall establish:
The content of both plans is established by Regulation 2017/1938. For development of the risk assessment and preventive&emergency Plans UNDP is hiring an international expert.
National legal framework that regulates the security of gas supply consists, inter alia, of:
Regulation on exceptional situations on the natural gas market and the Action Plan for exceptional situations on the natural gas market transposes into national legislation numerous elements of Regulation 994/2010 and aims at creating the legal framework necessary to increase the security of natural gas supply by ensuring the correct and continuous operation of the natural gas market and by establishing exceptional measures to be applied in the event that the necessary quantities of natural gas can no longer be taken from the natural gas market and which are to be undertaken in the public interest in order not to affect the competitiveness of natural gas in relation to other types of fuels.
According to the last amendments to the Law 108/2016 on natural gas, which were adopted on 29 July 2022, the new obligation of suppliers to create natural gas stocks in a neighboring country was introduced in the legislation. The Energy Community aims at transposing the latest EU regulation on storage targets and its certification, Regulation (EU) 1032/2022 as a matter of urgency.
[1] https://www.energy-community.org/legal/acquis.html [2] https://www.legis.md/cautare/getResults?doc_id=132228&lang=ro# [3] https://www.legis.md/cautare/getResults?doc_id=113991&lang=ro Scope of work
The objective of the assignment is to provide technical support to the Ministry of Infrastructure and Regional Development (MoIRD) in assessing the regulatory impact of the draft legal that transposes into national legislation the requirements of the Regulation 2017/1938 of 25 October 2017 concerning measures to safeguard the security of gas supply.
Being supervised by Programme Manager and/or Team Leader for Component 1, and in close cooperation with national legal consultant and international consultant, and the staff of the Energy Department of the MoIRD, the national RIA consultant is expected to perform the following tasks:
Requirements for experience
I.Education:
II.Experience:
III.Competencies:
The UNDP Moldova is committed to the workforce diversity. Women, persons with disabilities, Roma and other ethnic or religious minorities, persons living with HIV, as well as refugees and other non-citizens legally entitled to work in the Republic of Moldova, are particularly encouraged to apply. Documents to be included
Interested individual consultants must submit the following documents/information to demonstrate their qualifications:
Important notice: The applicants who have the statute of Government Official / Public Servant prior to appointment will be asked to submit the following documentation:
Financial proposal
The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e., whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e., upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including fees, taxes, travel costs, accommodation costs, communication, and number of anticipated working days)
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