NAER rejects Tofilat's bill: It is unjustified and goes against EU directives

The draft law proposed by Sergiu Tofilat is not justified as the existing legal framework guarantees the efficient management of corporate governance situations, without affecting the functioning of the energy market and without endangering the stability of the sector, said the National Agency for Energy Regulation (NAER), according to which such an initiative violates EU directives, IPN reports.

"The NAER has analyzed the draft law that provides for the establishment of a mechanism for appointing temporary management at energy companies. The NAER emphasizes that the current legislation provides adequate solutions to ensure the continuity of the work of Moldovagaz, including the purchase of natural gas. During this interim period, Moldovagaz" continued to purchase natural gas according to the legal framework in force, without encountering operational difficulties in this regard," reads a press release issued by the Agency.

According to the institution, any derogation from the current rules must be clearly justified, well-founded and proportionate to the pursued objectives, which is not the case in this situation.

"At the same time, the NAER’s power to designate the temporary management of regulated companies would create a conflict of interest, jeopardizing the Agency's position as an impartial arbitrator. The NAER has the responsibility to monitor, regulate and supervise the activities in the energy sector, and involvement in management decisions would compromise the objectivity of regulatory processes," runs the Agency’s press release.

The NAER noted that it maintains its firm position that any legislative change must be well-founded, avoid creating additional risks for the energy sector, comply with the national and international regulatory framework.

Sergiu Tofilat last week spoke about the risk that Moldovagaz will not be able to buy natural gas as the gas reserves are enough until the end of December. According to him, under these conditions, urgent action must be taken. However, JSC Moldovagaz has been without management for two months. Tofilat proposed naming external management in order to ensure the normal functioning of the enterprise, and published a relevant bill. He sent the initiative to the chairman of the Parliament’s committee on economy, budget and finance Radu Marian to register it in the legislature. But Marian said that the draft law must be first sent to the Government, to the Ministry of Energy and then, if it is approved, it can be debated in Parliament.

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