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

of December 27, 2017 No. 1466

About approval of Licensed conditions of implementation of economic activity on implementation of functions of the operator of the market

According to article 6 of the Law of Ukraine "About the market of electrical energy", to articles 6 and 7 of the Law of Ukraine "About licensing of types of economic activity" and article 17 of the Law of Ukraine "About the National commission performing state regulation in the field of power and utilities" the National commission performing state regulation in the field of power and utilities decides:

1. Approve Licensed conditions of implementation of economic activity on implementation of functions of the operator of the market which are applied.

2. This resolution becomes effective in two months from the date of, its publication following behind day in the official printing publication - the Pravitelstvenny Kuryer newspaper, and becomes effective since July 1, 2019, except Chapter 1 of Licensed conditions of implementation of economic activity on implementation of functions of the operator of the market which becomes effective since January 1, 2019.

Approved by the Resolution of the National commission performing state regulation in the field of power and utilities of Ukraine of December 27, 2017 No. 1466

Licensed conditions of implementation of economic activity on implementation of functions of the operator of the market

1. General provisions

1.1. These Licensed conditions establish the exhaustive list of the documents enclosed to the application for receipt of the license for implementation of economic activity on implementation of functions of the operator of the market (including on the organization of purchase and sale of electrical energy in the market of electrical energy) (further - the licensed activities), and also determine the exhaustive list of the requirements, conditions and rules obligatory for accomplishment when implementing of the licensed activities.

1.2. The subject of managing which intends to obtain the license for implementation of economic activity on implementation of functions of the operator of the market (further - the license applicant) shall correspond to these Licensed conditions, and the subject of managing which has the license for implementation of economic activity on implementation of functions of the operator of the market (further - the licensee) shall fulfill requirements of these Licensed conditions.

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

policy tools of economic activity - own and/or received by the licensee in use of the building (room) and the equipment, including program and hardware technical supply, the website in the Internet and means of communication (phone, the fax, E-mail), any objects of intellectual property right and the right to them intended and/or used for implementation of functions of the operator of the market;

the code of behavior - the document developed by the job seeker the license/licensee in which the corporate ethics and individual rules / standards of behavior of workers based on the principles of transparency, objectivity, independence which nondiscriminations and observance is obligatory for all workers of the licensee are determined;

cross subsidizing - movement of the income from implementation of licensed activities for financial support of other type of economic activity within one or several subjects of managing.

Other terms are used in the values given in the Economic code of Ukraine, the Civil code of Ukraine, the laws of Ukraine "About licensing of types of economic activity", "About the market of electrical energy", "About protection of the economic competition", "About public purchases", the Law of Ukraine "About the basic principles of ensuring cyber security of Ukraine" and other regulatory legal acts regulating functioning of the market of electrical energy.

1.4. The place of implementation of licensed activities is the territory of Ukraine.

1.5. The license applicant who intends to perform economic activity on implementation of functions of the operator of the market submits to NKREKP the application for receipt of the license in form according to appendix 1.

1.6. Documents according to the list which is exhaustive are enclosed to the application for receipt of the license by the license applicant:

1) information signed by the head of the license applicant on structure of the license applicant and officials of its governing bodies;

2) the sheet about policy tools of economic activity on implementation of functions of the operator of the market (appendix 2);

3) the calculation of cost of services of the operator of the market executed according to the established legislation rather;

4) draft of the code of behavior;

5) the copy of the document confirming the right of the license applicant to use of the software for implementation of requirements of rules of the market "for the days ahead" and the intra daily market, implementation of other functions of the operator of the market (in the presence).

1.7. Documents are enclosed to the application for receipt of the license by the license applicant according to the inventory constituted in duplicate in form according to appendix 3 to these Licensed conditions.

2. Requirements to implementation by the licensee of economic activity on implementation of functions of the operator of the market

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

1) officials of governing bodies of the licensee shall not be owners of corporate laws of subjects of managing who have licenses for production, transfer, distribution, deliveries of electrical energy, trading activities and accomplishment of functions of the guaranteed buyer;

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