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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 5, 2019 No. 561

About approval of the Procedure and conditions of approval by the licensees performing economic activity on production of heat energy, transportation of heat energy by the high-level and local (distribution) thermal networks and supplies of heat energy which licensing of economic activity is performed regional and Kiev city by public administrations, local government bodies of borrowings from foreign states, banks and international financial institutions for implementation of investment projects

The Cabinet of Ministers of Ukraine decides:

Approve the Procedure and conditions of approval by the licensees performing economic activity on production of heat energy, transportation of heat energy by the high-level and local (distribution) thermal networks and supply of heat energy which licensing of economic activity is performed regional and Kiev city by public administrations, local government bodies of borrowings from foreign states, banks and international financial institutions for implementation of investment projects which are attached.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 5, 2019 No. 561

Procedure and conditions of approval by the licensees performing economic activity on production of heat energy, transportation of heat energy by the high-level and local (distribution) thermal networks and supply of heat energy which licensing of economic activity is performed regional and Kiev city by public administrations, local government bodies of borrowings from foreign states, banks and international financial institutions for implementation of investment projects

1. These the Procedure and conditions determine the mechanism of approval by the licensees performing economic activity on production of heat energy, transportation of heat energy by the high-level and local (distribution) thermal networks and supply of heat energy which licensing of economic activity is performed regional and Kiev city by the state administrations, local government bodies of borrowings from foreign states, banks and international financial institutions for implementation of investment projects.

2. Action of these of the Procedure and conditions extends to licensees who perform economic activity on production of heat energy, transportation of heat energy by the high-level and local (distribution) thermal networks and supply of heat energy, except production, transportation and delivery of heat energy on non-regulated rate, and answer the Licensed conditions of implementation of economic activity in the field of heat supply approved by the resolution of NKREKP of March 22, 2017 No. 308, licensing of economic activity of which is performed regional and Kiev city by public administrations (further - subjects of managing).

3. For the purpose of approval of borrowings which compensation is supposed to be performed at the expense of the rates for heat energy, its production, transportation and delivery including funds for repayment of the main amount of borrowing, expenses on interest payment and other expenses connected with borrowings from foreign states, banks and international financial institutions for implementation of type of the economic activity which is subject to licensing the subject of managing sends the appeal to local government body to which powers establishment of rates for heat energy is referred (further - authorized body).

4. Are applied to the address:

the list of actions of the investment project with reasons for feasibility and need of their implementation (the written feasibility statement on capture of loan, credit), analysis results of technical condition of objects of heat supply with determination of the first-priority directions of investments (taking into account integrated approach in the directions of production, transportation, delivery of heat energy);

information on the preliminary financial plan of implementation of each action within the investment project;

information on conditions of attraction of borrowings (the approximate amount of borrowings, their source - international financial institution, the predicted schedule of financing, the repayment schedule of percent and the main amount of borrowings (including the size of interest for using, payment due dates of percent and the main amount of borrowings), currency of return of borrowings);

calculation of economic effect of implementation of the investment project for the purpose of accounting of the corresponding amounts of means as source of return of borrowings;

analysis results of the influence on level and structure of rates expected the period of validity (agreement) on loan, credit.

5. In case of detection of discrepancy of the documents provided by the subject of managing to requirements of item 4 of the presents of the Procedure and conditions the appeal to consideration is not accepted what within ten working days from receipt date of the address the authorized body in the case provided by part three of article 11 of the Law of Ukraine "About local self-government in Ukraine" in writing reports to the subject of managing about.

6. In case of compliance of the documents provided by the subject of managing to requirements of item 4 of the presents of the Procedure and conditions of the address, and also the documents attached to it are considered by authorized body within 20 working days from the date of its receipt.

By results of consideration of the specified address the authorized body prepares the conclusion which is provided to village, settlement, city, regional, regional council to which powers approval of local borrowings, for consideration at the next session is referred.

7. For more information in the documents filed by the subject of managing the authorized body can send to the subject of managing inquiry, the answer to which shall be provided by the subject of managing within ten working days from the date of its obtaining. Consideration of the address is prolonged for the term necessary for receipt of reply to the request.

8. The village, settlement, city, regional, regional council to which powers approval of local borrowings is referred considers the conclusion of authorized body and in accordance with the established procedure makes the decision on approval of borrowings.

Such decision is made by village, settlement, city, regional, regional council at the session, next after receipt of the conclusion.

The copy of the decision goes to the subject of managing within five working days from the date of its acceptance.

By results of approval of borrowings from foreign states, banks and international financial institutions for implementation of investment projects the subject of managing makes corresponding changes to investing program taking into account requirements of the Procedure for development, approval and approval of investing programs of subjects of managing in the field of heat supply which licensing of activities perform Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city state administrations which affirms the Ministry of Regional Development.

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