Document from CIS Legislation database © 2003-2017 SojuzPravoInform LLC

THE RESOLUTION OF THE NATIONAL COMMISSION PERFORMING STATE REGULATION IN THE FIELD OF POWER AND UTILITIES OF UKRAINE

of February 16, 2017 No. 201

About approval of Licensed conditions of implementation of economic activity in the natural gas market

According to article 7 of the Law of Ukraine "About natural monopolies", to articles 6 and 7 of the Law of Ukraine "About licensing of types of economic activity", article 9 of the Law of Ukraine "About the natural gas market" and article 17 of the Law of Ukraine "About the National commission performing state regulation in spheres of power and utilities" the National commission performing state regulation in spheres of power and utilities decides:

1. Approve Licensed conditions of implementation of economic activity in the natural gas market which are applied:

Licensed conditions of implementation of economic activity on transportation of natural gas;

Licensed conditions of implementation of economic activity on storage (downloading, selection) of gas;

Licensed conditions of implementation of economic activity on distribution of natural gas;

Licensed conditions of implementation of economic activity on supply of natural gas.

2. The term during which the licensees performing economic activity in the natural gas market shall bring the economic activity into accord with requirements of this resolution and file documents to NKREKP and data determined by part three of article 15 of the Law of Ukraine "About licensing of types of economic activity" constitutes three months from the date of publication of this resolution.

3. Recognize invalid:

4. This resolution becomes effective from the date of, its publication following behind day in the official printing publication - the Pravitelstvenny Kuryer newspaper.

Chairman of NKREKP

D. Vovk

Approved by the Resolution of the National commission performing state regulation in the field of power and utilities of Ukraine of February 16, 2017 No. 201

Licensed conditions of implementation of economic activity on transportation of natural gas

1. General provisions

1.1. These Licensed conditions are developed according to the laws of Ukraine "About natural monopolies", "About licensing of types of economic activity", "About the natural gas market" and "About the National commission performing state regulation in the field of power and utilities".

1.2. These Licensed conditions are obligatory for subjects of managing, irrespective of their form of business and pattern of ownership performing or intend to perform economic activity on transportation of natural gas (further - economic activity on transportation of natural gas, licensed activities).

1.3. In these Licensed conditions terms are used in the following values:

policy tool of economic activity - trunk gas pipeline with all objects and constructions, related single engineering procedure, or several such gas pipelines on which transportation of natural gas is performed;

the place of implementation of activities - the territory of Ukraine where there is trunk gas pipeline with all objects and constructions, related single engineering procedure, or several such gas pipelines on which transportation of natural gas is performed, and specified in the documents enclosed to the application about receipts of the license (taking into account the changes in documents given the licensee in the procedure established by these Licensed conditions).

Other terms are used in the values given in the laws of Ukraine "About licensing of types of economic activity", "About the natural gas market", the existing Code of gas-transport system.

1.4. The license applicant who intends to perform economic activity on transportation of natural gas represents to the National commission performing state regulation in the field of power and utilities (further - NKREKP), the statement for receipt of the license in form according to appendix 1 to Licensed conditions.

1.5. To the statement for receipt of the license by the job seeker documents according to the list which is exhaustive are provided:

1) the passport copy of the head of the license applicant (or the authorized representative) with mark of body of the State Tax Service about the notification on refusal on the religious beliefs of adoption of registration number of accounting card of the taxpayer (moves only physical persons entrepreneurs who on the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and notified on it relevant organ of the State Tax Service);

2) the sheet about places and policy tools of economic activity on transportation of natural gas (appendix 2) to which maps of the corresponding territories of administrative and territorial units are attached (area, the area) with the gas-transport systems of the licensee, and the copy of documents applied on them on the paper or electronic medium, confirming stay on legal causes in property or use of the license applicant of gas-transport systems;

3) the statement and documents for settlement of a tariff of transportation services of natural gas.

1.6. Documents to the statement for receipt of the license by the job seeker are provided according to the inventory constituted in form according to appendix 3 to Licensed conditions, in duplicate.

2. Requirements to implementation by the licensee of economic activity on transportation of natural gas

2.1. When implementing licensed activities the licensee shall adhere to such personnel requirements:

1) the number of staff of workers shall include the minimum number of workers on separate positions, the necessary for accomplishment functions assigned to it which have the corresponding education and qualification depending on types of the performed works;

2) the head of the license applicant, his deputy and the chief engineer shall have degree of the higher education;

3) implementation of licensed activities is performed under the leadership of the officials having the degree of the higher education sufficient for successful accomplishment of professional obligations;

4) the license applicant, the licensee draws up employment relationships with personnel by the conclusion of employment contracts according to provisions of the Labor code of Ukraine.

2.2. Economic activity on transportation of natural gas is performed with observance of requirements of the Law of Ukraine "About the natural gas market", the existing Code of gas-transport system, the Code of gas storages, the Code of the gas-distribution systems, Rules of supply of natural gas, other regulatory legal acts and regulating documents regulating the natural gas market.

2.3. When implementing licensed activities the licensee shall adhere to such organizational requirements:

To store 1) during license effective period documents which copies moved in NKREKP according to requirements of the legislation of Ukraine;

To report 2) to NKREKP about all changes of data which were specified in its documents enclosed to the application for receipt of the license (except documents to the statement for settlement of a tariff of transportation services of natural gas), no later than one month from the date of approach of such changes in time.

In case of change of the list of the documents enclosed to the application for receipt of the license, the licensee shall:

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