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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 5, 2019 No. 499

About approval of the Procedure for holding electronic auctions selling electrical energy according to bilateral agreements and the Procedure for selection of organizers of electronic auctions selling electrical energy according to bilateral agreements

(as amended on 22-07-2020)

According to part two of article 66 of the Law of Ukraine "About the market of electrical energy" the Cabinet of Ministers of Ukraine decides:

Approve such which are applied:

Procedure for holding electronic auctions selling electrical energy according to bilateral agreements;

Procedure for selection of organizers of electronic auctions selling electrical energy according to bilateral agreements.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 5, 2019 , No. 499

Procedure for holding electronic auctions selling electrical energy according to bilateral agreements

General provisions

1. This Procedure determines the mechanism of the organization and holding electronic auctions selling electrical energy by bilateral agreements electric power producers - the state companies, and also economic societies which share of the state in the authorized capital constitutes 50 percent and more, economic societies in which authorized capital 50 percent and more shares (share, shares) belong to other economic societies which shareholder is the state and holds in them controlling stock, and also affiliated enterprises, representations and branches of such companies and societies.

2. Action of this Procedure regarding the organization and holding electronic auctions (further - auctions) extends to the auctions held in the form of unilateral auction.

3. In this Procedure terms are used in such value:

1) the auction certificate - the document certifying the fact of purchase and sale of certain amount of electrical energy (lots/lots) at the determined price which is created by the organizer of auction is signed by authorized persons of the buyer, the seller and the organizer of auction by addition of the digital signature and is the basis for the conclusion of the bilateral agreement of purchase and sale of electrical energy between the buyer and the seller;

2) bilateral continuous auction - auction on which in the biddings the any number of sellers and buyers on condition of observance of requirements of regulations of the organization by them and holding the auction selling electrical energy at the same time can participate (further - regulations of auction);

3) the agreement on the organization and holding auctions - the agreement signed between the organizer of auction and the seller based on public offer (offer) which is published by the organizer of auction whom participants of the market of electrical energy who wish to perform purchase of electrical energy at auctions join;

4) electronic auction - the auction held in electronic trading system by the organizer of auction in the form of unilateral auction or continuous bilateral auction;

5) electronic trading system - set of the organizational, technological and technical means used by the organizer of auction for providing the organization and holding auctions;

6) the statement of accession to the agreement on the organization and holding auctions (further - the statement of accession) - the document of the form established by regulations of auction which moves the buyer to the organizer of auction is the basis for accession to the agreement on the organization and holding auctions and is its integral part;

7) the request for the organization and holding the auction - the electronic document of the form established by regulations of auction which is filed by the seller to the organizer of auction;

8) the auction participation application - the electronic document of the form established by regulations of auction which moves the buyer to the organizer of auction;

9) tender (competitive selection) - selection of organizers of electronic auctions on competitive basis which will be organized and carried out by the Ministry of Energy of Ukraine according to the Procedure for selection of organizers of electronic auctions selling electrical energy according to bilateral agreements;

10) bid increment - the minimum size to which by the buyer during trading it can be changed the price for 1 MW • h which is established in regulations of auction;

11) lot - the indivisible amount of electrical energy determined by the seller which is offered for sale at auction by the offered schedule type of sales and is equal to capacity of 1 MW during the certain period of sale;

12) unilateral auction - auction on which in the biddings only one seller who is initiator of auction, and any number of buyers on condition of observance of requirements of regulations of auction by them can participate; the technology of holding the auction (on advance in price, reduction of price, with price utorgovyvaniye - with possibility of increase and reduction of price) is determined by auction committee;

13) the organizer of electronic auction - the subject of managing - the winner of tender on selection of organizers of auction which provides the organization and holding auctions for sale of electrical energy by means of electronic trading system according to this Procedure;

13-1) packet of lots - set of lots which are determined by the seller and are offered for sale according to bilateral agreements at auctions;

14) winners of auction are buyers who offered the highest price during trading at auction;

15) the buyer - the supplier of universal services, the operator of system of transfer, the operator of system of distribution and other participants of the market of electrical energy who have intention to acquire electrical energy in accordance with the terms of auction;

16) the seller - the electric power producer - the state company, and also economic society which share of the state in the authorized capital constitutes 50 percent and more, economic society in which authorized capital 50 percent and more shares (share, shares) belong to other economic societies which shareholder is the state and holds in them controlling stock, and also affiliated enterprise, representation and branches of such companies and societies and other participants of the market of electrical energy who have intention to sell electrical energy in accordance with the terms of auction;

17) regulations of auction - the document developed and approved by the organizer of auction and approved by the auction committee regulating order of interaction between the organizer of auction and participants of auction which determines the sequence of actions, terms, procedure and form of their making during the organization and holding auctions, and also event for risk management of non-compliance (failure to carry out) by participants of auction of requirements of this Procedure and the regulations of auction;

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