RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 19, 2018 No. 867

About approval of the Regulations on assignment of special obligations on subjects of the natural gas market for providing public concerns in the course of functioning of the natural gas market

According to article 11 of the Law of Ukraine "About the natural gas market" the Cabinet of Ministers of Ukraine decides:

1. Approve Regulations on assignment of special obligations on subjects of the natural gas market for providing public concerns in the course of functioning of the natural gas market which is applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

3. This resolution becomes effective since November 1, 2018 and is effective till May 20, 2021.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 19, 2018 No. 867

Regulations on assignment of special obligations on subjects of the natural gas market for providing public concerns in the course of functioning of the natural gas market

1. This Provision determines amount and conditions of execution of special obligations which are assigned to subjects of the natural gas market for providing public concerns in the course of functioning of the natural gas market (further - special obligations), in particular for ensuring stability, proper quality and availability of natural gas, maintenance of due level of safety of its deliveries to consumers without threat of the first-priority purpose of creation of the full-fledged natural gas market based on the principles of free competition and to observance of pro-rata rules, transparency and nondiscrimination.

This Provision:

it is applied by transparent and non-discriminatory method and does not limit the right of the subjects of managing created according to the legislation of other states parties of Energy Community, in particular the right to supply activity of natural gas to consumers on condition of observance of requirements of the legislation;

does not deprive of producers of heat energy of the right to choose the supplier of natural gas and the right to acquire natural gas at the prices which are freely established by agreement parties of supply of natural gas according to the Law of Ukraine "About the natural gas market";

does not deprive of suppliers of natural gas, in particular with special obligations, it is right to choose freely the wholesale seller of natural gas for requirements of their economic activity.

2. In this Provision terms are used in the value given in the Law of Ukraine "About the natural gas market".

3. This Provision assigns the following special obligations:

1) on JSC National Joint Stock Company Naftogaz Ukrainy (further - NAK Naftogaz Ukrainy):

till August 1, 2020 to sell natural gas to suppliers of natural gas for needs of residential customers, the religious organizations (except the amounts used for implementation of their production business activity) and the state company of Ukraine "The international children's center "Artek" on conditions and according to the procedure, determined by this Provision;

till August 1, 2020 to deliver natural gas to residential customers, the religious organizations (except the amounts used for implementation of their production business activity) and to the state company of Ukraine "The international children's center "Artek", deliveries to which in the corresponding period (month of delivery) other supplier does not perform (including other supplier with special obligations according to this Provision), on conditions and according to the procedure, determined by this Provision;

till May 20, 2021 to deliver natural gas on conditions and according to the procedure which are determined by this Provision, to producers of heat energy, namely:

- to the producers of heat energy performing production of heat energy for all categories of consumers (physical persons or legal entities which use heat energy based on the agreement);

- to producers of heat energy which are financed by the government or local budget, using natural gas for the purpose of the hot water supply and heating of rooms of dwelling stock and hostels belonging to them on the property right or other corporeal right;

- to producers of heat energy which are financed by the government or local budget, the service and production premises using natural gas for the purpose of heating belonging to them on the property right or other corporeal right;

- to producers of heat energy - to the associations of co-owners of the apartment house, housing cooperatives and subjects of managing using natural gas for the purpose of hot water supply and heating of the rooms belonging to them on the property right or other corporeal right;

- to the producers of heat energy using natural gas for production of electrical energy;

- to producers of heat energy which property management is exercised of subjects of managing which are attracted with the National agency concerning identification, search and asset management, received from corruption and other crimes, according to article 21 of the Law of Ukraine "About the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes", to all categories of use of natural gas;

acquire natural gas at economic societies, 100 percent of shares (shares, shares) which belong to the state or other economic society which single shareholder is the state (PJSC Ukrgazdobycha, joint-stock company "The state joint-stock company "Chernomorneftegaz" (further - GAO "Chernomorneftegaz"), till August 1, 2020 for forming of natural gas resource for residential customers, the religious organizations (except the amounts used for implementation of their production business activity), the state company of Ukraine "The international children's center "Artek" and till May 20, 2021 - for forming of natural gas resource for producers of heat energy for all categories of use of natural gas on conditions and according to the procedure, determined by this Provision;

2) till August 1, 2020 on operators of gas-distribution systems - to provide information necessary for ensuring continuous supply of natural gas for residential customers and the religious organizations (except the amounts used for implementation of their production business activity) and to the state company of Ukraine "The international children's center "Artek", on conditions and according to the procedure, determined by this Provision;

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