Moldovan economics ministry asks court to cancel energy regulator's order on increase of prices for fuels

Chisinau, 12 June /MOLDPRES/ – The Ministry of Economy and Infrastructure (MEI) and Consumer Protection Agency and Market Surveillance (APCSP), has asked court to examine cancellation of today Order of the National Agency for Energy Regulation (ANRE), which established new fuel prices, higher by MDL 0,34 for one litre of petrol, and MDL 0,32 for a litre of diesel. Also, execution of Order is suspended until it is issued an irrevocable decision.  

Following examination of the Order of ANRE, MEI considers that it was issued contrary to legal provisions or without being subject to public consultations with stakeholders in order to observe principle of transparency in decision – making process and analise factors contributing to increase of oil products, creating prerequisites for irrecoverable damage to final consumer.

According to article 16 of Law №174 on energy, sessions of ANRE Board of Directors, examining draft regulatory acts, basic cost claims, regulated prices, regulated tariffs or decisions which may have a public impact upon energy markets and service obligations, is to be publicly consulted, said a ministry communiqué.

Thus, revision of retail retail price cap of major petroleum products is a matter of public interest, preceded by public consultation exercise.

The lawsuit also mentions that legitimate rights and interests of consumer may be infringed. More specifically, according to article 6 lit. a) of Law №105 – XV on Consumer Protection, any consumer is entitled to protection against risk of acquiring a product, a service that might prejudice his/her legitimate rights and interests, having right to complete, accurate and proper info about purchased products and services.

Similarly, according to article 1 paragraph (2) of Administrative Contentious Law №793 – XIV, any person which considers himself or herself to be harmed by a law recognised by law, public authority, administrative act or failure to resolve an application within legal time limit, has the right to appeal to litigant administrative proceedings as to obtain act annulment, recognition of alleged right and reparation of damage caused. Under same law, an application for annulment of an administrative act or recognition of claimed right may be filed within 30 days, and this period starts to run from date of receipt of reply to prior request or expiry date of statutory term for settlement it.

The ANRE has set today, for 13 – 26 June, retail price limit for most demanded petrol Premium – 95 at MDL 19.49 for one litre and diesel fuel of MDL 17.41. The petrol reference price for upcoming weeks is MDL 0,34 a litre higher than set on 15 May, and diesel by MDL 0,32.

The ANRE explained the mode which new prices are formed.

After a meeting with the Minister of Economy and Infrastructure last week, it was proposed to initiate a working group and agreed that representatives appointed by protesters to carry out their own calculations based on data provided by ANRE and come up with exact proposals as to modify Methodology of setting fuel prices.

(Reporter V. Bercu, editor A. Raileanu)